Business and Professions Code — Part 4 | BPC — United States — California law | Esheria

Business and Professions Code

Part 4 of 52 · provisions 601–800

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

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About this statute

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

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 11415.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    The bureau must issue a final written decision within 180 days after receiving a completed application, unless the claimant agrees in writing to extend the time.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11415. (a) The bureau shall render a final written decision on the application within 180 days after a completed application has been received unless the claimant agrees in writing to extend the time within which the bureau may render a decision. (b) The bureau may deny or grant the application or may enter into a compromise with the claimant to pay less in settlement than the full amount of the claim. If the claimant refuses to accept a settlement of the claim offered by the bureau, the written decision of the bureau shall be to deny the claim or it shall be deemed denied if a written decision is not rendered within the time specified in subdivision (a). Evidence of settlement offers and discussions between the bureau and the claimant shall not be competent evidence in judicial proceedings undertaken by the claimant pursuant to Section 11417.3. (Added by Stats. 2025, Ch. 786, Sec. 45. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  2. 11415.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    If a claimant does not respond to deficiency notices for an unreasonable time, the bureau may warn that the application will be denied unless it is completed within at least 30 days, and may later deny it.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11415.1. (a) If the bureau mailed one or more itemized lists of deficiencies to a claimant as provided by subdivision (a) of Section 11414, and if, after an unreasonable length of time the bureau has received no response to the latest list of deficiencies, the bureau may notify the claimant that unless the application is substantially complete within a specified period of time of not less than 30 days, the application will be denied. (b) The determination of what constitutes an unreasonable length of time shall be within the discretion of the chief, taking into account the degree of difficulty in meeting the deficiencies specified. An “unreasonable length of time” shall not be deemed to be less than six months after the last mailing of a list of deficiencies. (c) If the claimant has not received a response after the passing of the deadline specified by the bureau pursuant to subdivision (a), the bureau may deny the application. (Added by Stats. 2025, Ch. 786, Sec. 46. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  3. 11416.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    The bureau can use investigation and discovery tools when reviewing an application, and it may grant payment if the final judgment meets Section 11413 and is supported by at least a preponderance of the evidence.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11416. (a) In its consideration and investigation of an application, the bureau shall have recourse to all appropriate means of investigation and discovery available to it under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (b) The bureau may grant payment on an application if the final judgment satisfies the requirements of Section 11413 and was established by proof by preponderance of the evidence, or a higher standard of proof. (Added by Stats. 2025, Ch. 786, Sec. 47. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  4. 11417.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    The bureau must notify the claimant and judgment debtor of a decision on the application. If the application is denied, the claimant must file in court within 6 months to pursue the matter, with venue rules depending on whether the underlying judgment is state or federal. If payment and suspension are ordered, the licenses are suspended on the payment date and reinstatement is unavailable until reimbursement plus interest.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417. (a) The bureau shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor pursuant to Section 11413.1. (b) If the application is denied, the notice to the claimant and judgment debtor shall include the following: “Claimant’s application has been denied. If the claimant wishes to pursue the application in court, the claimant must file the application as follows in a superior court of this state not later than six months after receipt of this notice, pursuant to Section 11417.3 of the Business and Professions Code. If the underlying judgment is a California state court judgment, the application shall be filed in the court in which the underlying judgment was entered. If the underlying judgment is a federal court judgment, the application shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento.” (c) If the decision of the bureau is to make a payment to the claimant out of the Recovery Account, the following notice shall be given to the judgment debtor along with a copy of the decision of the bureau: “The decision of the Bureau of Real Estate Appraisers on the application of ____ is to pay $____ from the Recovery Account. A copy of that decision is enclosed.” (d) If the decision of the bureau is to make a payment to the claimant out of the Recovery Account and to suspend the license of the judgment debtor, the following notice shall be given to the judgment debtor along with a copy of the decision of the bureau: “The decision of the Bureau of Real Estate Appraisers on the application of ____ is to pay $____ from the Recovery Account. A copy of that decision is enclosed.” “Pursuant to Section 11418.2 of the Business and Professions Code, all of your licenses and license rights under the Real Estate Appraisers’ Licensing and Certification Law will be suspended effective on the date of the payment, and you will not be eligible for reinstatement of any license issued under authority of the Real Estate Appraisers’ Licensing and Certification Law until you have reimbursed the Recovery Account for this payment plus interest at the prevailing legal rate.” “If you desire a judicial review of the suspension of your licenses and license rights, you may petition the superior court for a writ of mandamus. If the underlying judgment is a California state court judgment, the petition shall be filed in the court in which the judgment was entered. If the underlying judgment is a federal court judgment, the petition shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento. To be timely, the petition must be filed with the court within 30 days of receipt of this notice.” (Added by Stats. 2025, Ch. 786, Sec. 48. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  5. 11417.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    If the bureau plans to pay from the Recovery Account and a judgment debtor files a writ of mandamus, payment must wait until the writ is denied and that denial is final. If the writ is granted because the claimant did not meet payment requirements, the application must be denied.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.1. (a) If the decision of the bureau is to make a payment out of the Recovery Account and the judgment debtor files a writ of mandamus as provided in subdivision (c) of Section 11417, no payment shall be made of the pending application unless and until the writ of mandamus has been denied and the denial has become final. (b) If the writ of mandamus is granted on the basis that the claimant has not met the requirements for payment from the Recovery Account, the application shall be denied. (Added by Stats. 2025, Ch. 786, Sec. 49. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  6. 11417.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    If the bureau preliminarily finds that total valid claims are likely to exceed the liability limit, it must start a proration proceeding in the proper superior court instead of continuing administrative proceedings.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.2. If, at any time prior to the rendering of a decision on an application, the bureau makes a preliminary determination that the aggregate valid applications of all aggrieved persons against that licensee are likely to exceed the limits of liability in Section 11418, the bureau shall, in lieu of further administrative proceedings, initiate a proration proceeding pursuant to Section 11418.1 in a superior court of any county in this state that would be a proper court for the filing of a denied application or writ of mandamus pursuant to Section 11417. (Added by Stats. 2025, Ch. 786, Sec. 50. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  7. 11417.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    A claimant may ask the superior court to order payment from the Recovery Account within six months after notice of denial, but must serve the bureau and judgment debtor and file proof of service.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.3. (a) A claimant against whom the bureau has rendered a decision denying an application pursuant to Section 11413 may, within six months after the mailing of the notice of the denial, file a verified application in superior court for an Order Directing Payment Out of the Recovery Account based upon the grounds set forth in the application to the bureau. If the underlying judgment is a California state court judgment, the application shall be filed in the court in which the underlying judgment was entered. If the underlying judgment is a federal court judgment, the application shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento. (b) A copy of the verified application shall be served upon the bureau and upon the judgment debtor. A certificate or affidavit of service shall be filed by the claimant with the court. Service on the bureau may be made by certified mail addressed to the headquarters office of the bureau. Service upon a judgment debtor may be made in accordance with Section 11413.1. The notice served upon the judgment debtor shall read as follows: “NOTICE: An application has been filed with the court for a payment from the Recovery Account that was previously denied by the Bureau of Real Estate Appraisers. “If the Bureau of Real Estate Appraisers makes a payment from the Recovery Account pursuant to a court order, all of your licenses and license rights under the Real Estate Appraisers’ Licensing and Certification Law may be suspended until the Recovery Account has been reimbursed for the amount paid plus interest at the prevailing rate. “If you wish to defend in court against this application, you must file a written response with the court within 30 days after having been served with a copy of the application. If you do not file a written response, you will have waived your right to defend against the application.” (Added by Stats. 2025, Ch. 786, Sec. 51. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  8. 11417.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    After initial service, later correspondence and notices must be sent by first-class mail to the bureau, claimant, and judgment debtor at the addresses specified here.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.4. After initial service of the application on the bureau and the judgment debtor by the claimant as provided by subdivision (b) of Sections 11413 and subdivisions (a) and (b) of 11413.1, and after service of a response by the judgment debtor as provided by subdivision (c) of Sections 11413.1 and 11413.3, all parties shall be served with subsequent correspondence and notices by first class mail as follows: (a) The Bureau shall be served at: Bureau of Real Estate Appraisers 3075 Prospect Park Drive, Suite 190 Rancho Cordova, CA 95670 (b) The claimant shall be served at their address as specified in the application, or if the claimant is represented by an attorney, at the address of the attorney as specified in the application. (c) The judgment debtor shall be served at their address as specified in the response or, if the judgment debtor is represented by an attorney, as specified in the response. If the claimant or judgment debtor later wishes to be served at an address other than as specified above, the party shall notify the other parties by first class mail of the new address. (Added by Stats. 2025, Ch. 786, Sec. 52. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  9. 11417.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    The bureau, judgment debtor, and claimant have specific response, hearing, and proof obligations in court proceedings under this section.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.5. (a) The bureau and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall thereafter set the matter for hearing upon the petition of the claimant. The court shall grant a request of the bureau for a continuance of as much as 30 days and may, upon a showing of good cause by any party, continue the hearing as the court deems appropriate. (b) The claimant shall have the burden of proving compliance with the requirements of Section 11413 by competent evidence at an evidentiary hearing. The claimant shall be entitled to a de novo review of the merits of the application as contained in the administrative record. (c) If the judgment debtor fails to file a written response to the application, the application may be compromised or settled by the bureau at any time during the court proceedings and the court shall, upon joint petition of the claimant and the bureau, issue an order directing payment out of the Recovery Account. (Added by Stats. 2025, Ch. 786, Sec. 53. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  10. 11417.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    The court may order payment from the Recovery Account only if the applicant has a valid claim and complied with Section 11417.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.6. (a) Whenever the court proceeds upon an application under Section 11417.3, it shall order payment out of the Recovery Account only upon a determination that the aggrieved party has a valid cause of action within the purview of Section 11413, and has complied with Section 11417.3. (b) The bureau may defend any such action on behalf of the Recovery Account and shall have recourse to all appropriate means of defense and review, including examination of witnesses and the right to relitigate any issues material and relevant in the proceeding against the Recovery Account that were determined in the underlying action on which the judgment in favor of the applicant was based. If the judgment in favor of the applicant was by default, stipulation, consent, or pursuant to Section 594 of the Code of Civil Procedure, or whenever the action against the licensee was defended by a trustee in bankruptcy, the applicant shall have the burden of proving that the cause of action against the licensee was for fraud, misrepresentation, or deceit with intent to defraud. Otherwise, the judgment shall create a rebuttable presumption of the fraud, misrepresentation, or deceit with intent to defraud. The presumption shall affect the burden of producing evidence. (c) The bureau may move the court at any time to dismiss the application when it appears there are no triable issues and the petition is without merit. The motion may be supported by affidavit of any person or persons having knowledge of the facts, and may be made on the basis that the petition, and the judgment referred to therein, does not form the basis for a meritorious recovery claim within the purview of Section 11413; provided, however, the bureau shall give written notice at least 10 days before the motion. (d) The bureau may, subject to court approval, compromise a claim based upon the application of an aggrieved party. The bureau shall not be bound by any compromise or stipulation of the judgment debtor. (Added by Stats. 2025, Ch. 786, Sec. 54. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  11. 11417.7.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    A judgment debtor may defend an action against the Recovery Account and use appropriate defense and review tools, including examining witnesses.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11417.7. The judgment debtor may defend an action against the Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and review, including examination of witnesses. All matters relating to the issues of fraud, misrepresentation, or deceit with intent to defraud finally adjudicated in the underlying action are conclusive as to the judgment debtor and the applicant in the proceeding against the Recovery Account, if the final judgment was established by proof by clear and convincing evidence or the bureau determined that the applicant provided clear and convincing evidence of the judgment debtor’s fraud, misrepresentation, or deceit with intent to defraud. (Added by Stats. 2025, Ch. 786, Sec. 55. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  12. 11418.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    This section limits how much the Recovery Account can pay for claims tied to real estate appraiser transactions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11418. Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved or real estate appraisals involved in a transaction or the number of judgments against a licensee, the liability of the Recovery Account shall not exceed the following amounts: (a) For applications for payment from the Recovery Account filed on or after January 1, 2026, fifty thousand dollars ($50,000) for any one transaction and two hundred fifty thousand dollars ($250,000) for any one licensee. (b) When multiple licensed real estate appraisers are involved in a transaction and the individual conduct of two or more licensees results in a judgment meeting the requirements of subdivision (a) of Section 11413, the claimant may seek recovery from the Recovery Account based on the judgment against any licensed real estate appraiser, subject to the limitations of this section and subparagraph (E) of paragraph (7) of subdivision (c) of Section 11413. (Added by Stats. 2025, Ch. 786, Sec. 56. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  13. 11418.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    If Recovery Account funds are not enough to pay all valid claims against one licensee, the money must be distributed fairly among claimants, and the court may order all related claimants into one action on the bureau’s petition.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11418.1. If the amount of liability of the Recovery Account as provided for in Section 11418 is insufficient to pay in full the valid claims of all aggrieved persons by whom claims have been filed against any one licensee, the amount shall be distributed among them in the ratio that their respective claims bear to the aggregate of the valid claims, or in any other manner as the court deems equitable. Distribution of any moneys shall be among the persons entitled to share therein, without regard to the order of priority in which their respective judgments may have been obtained or their claims have been filed. Upon petition of the bureau, the court may require all claimants and prospective claimants against one licensee to be joined in one action, to the end that the respective rights of all claimants to the Recovery Account may be equitably adjudicated and settled. (Added by Stats. 2025, Ch. 786, Sec. 57. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  14. 11418.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

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    If the bureau pays a claim or judgment from the Recovery Account against a licensed appraiser, the appraiser’s license is automatically suspended, and reinstatement is barred until full repayment with interest. Bankruptcy does not erase the chapter’s penalties and disabilities.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11418.2. If the bureau pays from the Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed appraiser, the license of the appraiser shall be automatically suspended upon the date of payment from the Recovery Account if the final judgment was established by proof by clear and convincing evidence or the bureau determined that the claimant provided clear and convincing evidence of the fraud, misrepresentation, or deceit with intent to defraud. No appraiser licensee shall be granted reinstatement until they have repaid in full, plus interest at the prevailing legal rate applicable to a judgment rendered in any court of this state, the amount paid from the Recovery Account on their account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this chapter. (Added by Stats. 2025, Ch. 786, Sec. 58. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  15. 11418.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    If the Recovery Account does not have enough money to pay an authorized claim, the bureau must pay the unpaid amount later when enough money has been deposited, in the order the claims were approved, with 4% yearly interest.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11418.3. If, at any time, the money deposited in the Recovery Account is insufficient to satisfy any authorized claim or portion thereof, the bureau shall, when sufficient money has been deposited in the Recovery Account, satisfy the unpaid claims or portions thereof, in the order that the claims were approved, plus accumulated interest at the rate of 4 percent a year. (Added by Stats. 2025, Ch. 786, Sec. 59. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  16. 11418.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    The bureau must deposit sums it receives under this chapter into the State Treasury and credit them to the Recovery Account.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11418.4. Any sums received by the bureau pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Recovery Account. (Added by Stats. 2025, Ch. 786, Sec. 60. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  17. 11419.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    A person or agent must not file required bureau documents that are false, untrue, or contain a willful, material misstatement of fact.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11419. A person or the agent of any person shall not file with the bureau any notice, statement, or other document required under this chapter that is false or untrue or contains any willful, material misstatement of fact. A violation of this section is punishable by imprisonment in the county jail for a period of not more than one year or a fine of not more than one thousand dollars ($1,000), or both. (Added by Stats. 2025, Ch. 786, Sec. 61. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  18. 11419.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    If the bureau pays a judgment creditor from the Recovery Account, the bureau gets the creditor’s rights in the judgment, the creditor must assign those rights, and any money or interest recovered must be deposited back into the Recovery Account.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11419.1. When the bureau has paid from the Recovery Account any sum to the judgment creditor, the bureau shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all of their rights, titles, and interests in the judgment to the bureau, and any amount and interest recovered by the bureau on the judgment shall be deposited to the Recovery Account. (Added by Stats. 2025, Ch. 786, Sec. 62. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  19. 11419.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    If an aggrieved person fails to comply with this chapter, that failure counts as a waiver of rights under it.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11419.2. The failure of an aggrieved person to comply with this chapter shall constitute a waiver of any rights hereunder. (Added by Stats. 2025, Ch. 786, Sec. 63. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  20. 11419.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    The bureau may discipline a licensee for violating this part or the chief’s regulations, and repayment of Recovery Account obligations does not erase other disciplinary proceedings.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11419.3. Nothing in this chapter limits the authority of the bureau to take disciplinary action against a licensee for a violation of this part or of the rules and regulations adopted by the chief. The repayment in full of all obligations to the Recovery Account by a licensee does not nullify or modify the effect of any other disciplinary proceeding brought pursuant to this part. (Added by Stats. 2025, Ch. 786, Sec. 64. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, pursuant to Section 11420.)
  21. 11420.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    This chapter ends on January 1, 2030, when it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 8. Real Estate Appraisers Regulation Fund [11410 - 11420] ( Chapter 8 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11420. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 786, Sec. 65. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Ch. 8, commencing with Section 11410.)
  22. 11422.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    The bureau must send the appraisal subcommittee a roster of licensed persons by February 1, 1994, and then at least once each year.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11422. The bureau shall, on or before February 1, 1994, and at least annually thereafter, transmit to the appraisal subcommittee specified in subdivision (g) of Section 11302 a roster of persons licensed pursuant to this part. (Amended by Stats. 2021, Ch. 431, Sec. 59. (SB 800) Effective January 1, 2022.)
  23. 11423.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    Lenders must give loan applicants notice of the right to get a copy of an appraisal and, when requested, provide the appraisal within the stated deadlines.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11423. (a) For purposes of this section: (1) “Applicant” means a person who has made a written request for an extension of credit which is proposed to be secured by real property. The term does not include a guarantor, surety, or other person who will not be directly liable on the loan. (2) “Appraisal” shall have the same meaning as set forth in subdivision (b) of Section 11302. (3) “Residential real property” means real property located in the State of California containing only a one-to-four family residence. (b) A lender in a loan transaction secured by real property shall provide notice as described in this section to a loan applicant of the applicant’s right to receive a copy of the appraisal, provided he or she has paid for the appraisal. An applicant’s written request for a copy of an appraisal must be received by the lender no later than 90 days after (1) the lender has provided notice of the action taken on the application, including a notice of incompleteness, or (2) the application has been withdrawn. (c) The lender shall mail or deliver a copy of an appraisal within 15 days after receiving a written request from the applicant, or within 15 days after receiving the appraisal, whichever occurs later. (d) Where the loan is proposed to be secured by residential real property, the notice of the applicant’s right to a copy of the appraisal as provided in subdivision (b) shall be given in at least 10-point boldface type, as a separate document in a form that the applicant may retain, and no later than 15 days after the lender receives the written application. The notice shall specify that the applicant’s request for the appraisal must be in writing and must be received by the lender no later than 90 days after the lender provides notice of the action taken on the application or a notice of incompleteness, or in the case of a withdrawn application, 90 days after the withdrawal. An address to which the request should be sent shall be specified in the notice. Release of the appraisal to the applicant may be conditioned upon payment of the cost of the appraisal. (e) Where the loan is proposed to be secured by nonresidential real property, the notice of the applicant’s right to a copy of the appraisal shall be given within 15 days of receiving the appraisal. The notice shall specify that the applicant’s request for a copy of the appraisal must be in writing and that the request must be made within the time specified in subdivision (b) and that the applicant is only entitled to receive the appraisal or appraisals obtained by the lender for the purpose of evaluating the applicant’s pending request for an extension of credit. Release of the appraisal to the applicant may be conditioned upon payment of the cost of the appraisal and the cost of duplicating the appraisal. (f) Nothing in this section is intended to effect a change in current law in any manner with respect to reliance on an appraisal by anyone other than the lender who released the appraisal. (g) This section does not apply to appraisals obtained by lenders on property owned by the lender, nor to appraisals obtained by the lender in anticipation of modifying any existing loan agreement if the lender has not charged for the appraisal. (h) In the case of loans secured by residential real property, compliance with Regulation B (12 CFR Part 202 et seq.) of the Federal Reserve Board is deemed to be compliance with the provisions of this section and Section 10241.3. (i) This section is in addition to any right of access to appraisals that exists under any other provision of state or federal law. (Amended by Stats. 1993, Ch. 343, Sec. 1. Effective January 1, 1994.)
  24. 11424.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    Licensees may not base a market value analysis or opinion on protected characteristics or any other basis barred by the federal Fair Housing Act.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11424. (a) Licensees shall not base, either partially or completely, their analysis or opinion of market value on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, source of income, sexual orientation, familial status, employment status, or military status of either the present or prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property, or on any other basis prohibited by the federal Fair Housing Act. (b) The provisions of Section 10185 do not apply to this section. (Added by Stats. 2021, Ch. 352, Sec. 5. (AB 948) Effective January 1, 2022.)
  25. 11425.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. )

    Verify source ↗

    The bureau must study whether mandatory licensing should be required for real estate appraisers in California, report its findings by December 31, 2028, and hold at least two public meetings before the report is published.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS [11300 - 11425] ( Part 3 added by Stats. 1990, Ch. 491, Sec. 1. ) ## CHAPTER 9. Miscellaneous [11422 - 11425] ( Chapter 9 added by Stats. 1990, Ch. 491, Sec. 1. ) ## 11425. (a) The bureau shall conduct a one-time study on the feasibility of mandatory licensing for real estate appraisers in California. The bureau shall report its findings, in compliance with Section 9795 of the Government Code, to all appropriate committees of the Legislature on or before December 31, 2028. The report shall include, at a minimum, all of the following: (1) The types of real estate appraisal assignments for which a license is currently not required in California, including the estimated population of individuals engaged in each type of appraisal assignment. (2) Information from other states, including the scope of authorized activities in each state, license application and issuance costs, licensee populations, and any issues or consumer protection resulting from regulation in that state. (3) The appraisal assignments that are recommended to be regulated in California, recommended exemptions, an implementation plan, recommended amendments to existing law, and an estimated timeline for implementation. (4) Fiscal estimates, including estimated costs of implementing the recommendations, estimated revenue generated by the recommendations, and the potential impact to existing license fees. (b) The bureau shall hold at least two public meetings prior to publication of the report to gather information from the public, consult with interested parties, and incorporate relevant stakeholder feedback. (c) This section is repealed on January 1, 2030, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2025, Ch. 786, Sec. 66. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
  26. 115.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Section 114 also applies to a licensee or registrant whose license or registration was obtained while they were in the armed services.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115. The provisions of Section 114 of this code are also applicable to a licensee or registrant whose license or registration was obtained while in the armed services. (Added by Stats. 1951, Ch. 1577.)
  27. 115.10.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    This section lets a registering authority register certain applicants tied to military relocation if they meet listed documentation and eligibility 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.10. (a) For purposes of this section, the following definitions apply: (1) “Applicant” means a servicemember or a spouse of a servicemember. (2) “Board” means an entity described in Section 101. (3) “Professional license” means an individual professional license and does not include a business or entity license. (4) “Registering authority” means a board or the Department of Real Estate, as applicable. (5) “Spouse” means an individual who is married to, or who is in a domestic partnership or other legal union with, a military servicemember. (b) Notwithstanding any other law, a registering authority shall register an applicant who satisfies all of the following requirements: (1) The applicant holds a professional license in good standing in another state, district, or territory of the United States that confers on the applicant the authority to practice a profession or vocation within a similar scope of practice as that regulated by the registering authority. (2) The applicant relocated to this state because of military orders for military service within this state and the applicant submits to the registering authority a copy of the military orders. (3) The applicant performed at least one activity within the scope and under the authority of their professional license during the two years immediately preceding the relocation to this state. (4) For an applicant who is licensed within the same professional discipline in more than one jurisdiction, both of the following: (A) The applicant maintains each license in good standing. (B) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, each jurisdiction that the applicant’s license is in good standing in the jurisdiction. (5) The applicant submits to the registering authority written verification from, or documentation printed from an online licensing system for, the applicant’s original licensing jurisdiction that the applicant’s license is in good standing in that jurisdiction. (6) For an applicant that is a spouse, the applicant submits evidence to the registering authority that the applicant is married to, or in a domestic partnership or other legal union with, a servicemember who is subject to military orders described in paragraph (2). (7) The applicant submits to the registering authority their California address of record and an affidavit attesting to both of the following: (A) The applicant meets all of the requirements for registration under this section. (B) The information submitted to the registering authority pursuant to this section is accurate to the best of the applicant’s knowledge. (c) (1) The registering authority shall register an applicant within 30 days of receiving all applicable documentation described in subdivision (b). (2) The registering authority shall not register an applicant who fails to provide all applicable documentation described in subdivision (b) and shall deem the applicant’s request for registration incomplete. (d) For each person registered pursuant to this section, the registering authority shall post all of the following on the registering authority’s internet website: (1) The person’s name. (2) The person’s California address of record. (3) The person’s registration status. (4) The state name and license number of each license from each original licensing jurisdiction. (e) A person registered pursuant to this section shall be deemed to be a licensee of the registering authority for purposes of the laws administered by that registering authority relating to standards of practice, discipline, and continuing education for the duration of the military orders described in paragraph (2) of subdivision (b), and the registration shall expire when those military orders expire. (f) A registering authority may take appropriate enforcement action against a person registered pursuant to this section, including, but not limited to, revoking or suspending the registration of a person who does not meet the requirements of subdivision (b) or the laws applicable to licensees pursuant to subdivision (e). (g) A registering authority shall not collect or require a fee for registration pursuant to this section. (h) A registering authority may develop and publish guidance to implement this section. (Added by Stats. 2023, Ch. 196, Sec. 1. (SB 143) Effective September 13, 2023.)
  28. 115.4.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Boards within the department must expedite initial licensure for certain qualifying applicants, and may assist them. Boards may also adopt regulations to administer this section.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.4. (a) Notwithstanding any other law, on and after July 1, 2016, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged. (b) Notwithstanding any other law, on and after July 1, 2024, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that the applicant is an active duty member of a regular component of the Armed Forces of the United States enrolled in the United States Department of Defense SkillBridge program as authorized under Section 1143(e) of Title 10 of the United States Code. (c) A board may adopt regulations necessary to administer this section in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses. (Amended by Stats. 2024, Ch. 481, Sec. 1. (SB 1451) Effective January 1, 2025.)
  29. 115.5.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A board must speed up licensure and waive certain fees for qualifying applicants, and it may adopt regulations to administer the section.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.5. (a) A board within the department shall expedite the licensure process and waive the licensure application fee and the initial or original license fee charged by the board for an applicant who meets both of the following requirements: (1) Supplies evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders. (2) Holds a current license in another state, district, or territory of the United States in the profession or vocation for which the applicant seeks a license from the board. (b) A board may adopt regulations necessary to administer this section. (c) For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses. (Amended by Stats. 2024, Ch. 481, Sec. 2. (SB 1451) Effective January 1, 2025.)
  30. 115.6.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Boards must issue temporary licenses to eligible applicants under this section, and applicants must meet specified eligibility, documentation, examination, and background-check 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.6. (a) (1) Except as provided in subdivision (j), a board within the department shall, after appropriate investigation, issue a temporary license to practice a profession or vocation to an applicant who meets the requirements set forth in subdivisions (c) and (d). (2) Revenues from fees for temporary licenses issued by the California Board of Accountancy shall be credited to the Accountancy Fund in accordance with Section 5132. (b) The board may conduct an investigation of an applicant for purposes of denying or revoking a temporary license issued pursuant to this section. This investigation may include a criminal background check. (c) An applicant seeking a temporary license pursuant to this section shall meet the following requirements: (1) The applicant shall supply evidence satisfactory to the board that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders. (2) The applicant shall hold a current, active, and unrestricted license that confers upon the applicant the authority to practice, in another state, district, or territory of the United States, the profession or vocation within the same scope for which the applicant seeks a temporary license from the board. (3) The applicant shall submit an application to the board that shall include a signed affidavit attesting to the fact that the applicant meets all of the requirements for the temporary license, and that the information submitted in the application is accurate, to the best of the applicant’s knowledge. The application shall also include written verification from the applicant’s original licensing jurisdiction stating that the applicant’s license is in good standing in that jurisdiction. (4) The applicant shall not have committed an act in any jurisdiction that would have constituted grounds for denial, suspension, or revocation of the license under this code at the time the act was committed. A violation of this paragraph may be grounds for the denial or revocation of a temporary license issued by the board. (5) The applicant shall not have been disciplined by a licensing entity in another jurisdiction and shall not be the subject of an unresolved complaint, review procedure, or disciplinary proceeding conducted by a licensing entity in another jurisdiction. (6) (A) The applicant shall, upon request by a board, furnish a full set of fingerprints for purposes of conducting a criminal background check. (B) The board shall request a fingerprint-based criminal history information check from the Department of Justice in accordance with subdivision (u) of Section 11105 of the Penal Code and the Department of Justice shall furnish state or federal criminal history information in accordance with subdivision (p) of Section 11105 of the Penal Code. (d) The applicant shall pass a California law and ethics examination if otherwise required by the board for the profession or vocation for which the applicant seeks licensure. (e) Except as specified in subdivision (g), a board shall issue a temporary license pursuant to this section within 30 days of receiving documentation that the applicant has met the requirements specified in subdivisions (c) and (d) if the results of the criminal background check do not show grounds for denial. (f) (1) A temporary license issued pursuant to this section may be immediately terminated upon a finding that the temporary licenseholder failed to meet any of the requirements described in subdivision (c) or (d) or provided substantively inaccurate information that would affect the person’s eligibility for temporary licensure. Upon termination of the temporary license, the board shall issue a notice of termination that shall require the temporary licenseholder to immediately cease the practice of the licensed profession upon receipt. (2) Notwithstanding any other law, if, after notice and an opportunity to be heard, a board finds that a temporary licenseholder engaged in unprofessional conduct or any other act that is a cause for discipline by the board, the board shall revoke the temporary license. (g) An applicant seeking a temporary license as a civil engineer, geotechnical engineer, structural engineer, land surveyor, professional geologist, professional geophysicist, certified engineering geologist, or certified hydrogeologist pursuant to this section shall successfully pass the appropriate California-specific examination or examinations required for licensure in those respective professions by the Board for Professional Engineers, Land Surveyors, and Geologists. The board shall issue a temporary license pursuant to this subdivision within 30 days of receiving documentation that the applicant has met the requirements specified in this subdivision and subdivisions (c) and (d) if the results of the criminal background check do not show grounds for denial. (h) A temporary license issued pursuant to this section is nonrenewable and shall expire 12 months after issuance, upon issuance or denial of a standard license, upon issuance or denial of a license by endorsement, or upon issuance or denial of an expedited license pursuant to Section 115.5, whichever occurs first. (i) A board shall submit to the department for approval, if necessary to implement this section, draft regulations necessary to administer this section. These regulations shall be adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (j) (1) This section shall not apply to a board that has a process in place by which an out-of-state licensed applicant in good standing who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States is able to receive expedited, temporary authorization to practice while meeting state-specific requirements for a period of at least one year or is able to receive an expedited license by endorsement with no additional requirements superseding those described in subdivisions (c) and (d). (2) This section shall apply only to the extent that it does not amend an initiative or violate constitutional requirements. (k) An applicant for a temporary license pursuant to this section shall not be required to provide, and no board shall collect, a fee for the application or issuance of a temporary license. (l) For purposes of this section, the term “applicant” refers to an applicant for an individual license and does not refer to applicants for business or entity licenses. (Amended by Stats. 2024, Ch. 481, Sec. 3. (SB 1451) Effective January 1, 2025.)
  31. 115.8.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The Department of Consumer Affairs must compile an annual report for the Legislature on military and spouse licensure.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.8. The Department of Consumer Affairs shall compile information on military and spouse licensure into an annual report for the Legislature, which shall be submitted in conformance with Section 9795 of the Government Code. The report shall include all of the following for each license type of each board: (a) The number of applications for a temporary license submitted by military spouses per fiscal year, pursuant to Section 115.6. (b) The number of applications for expedited licenses received from honorably discharged military members and military spouses pursuant to Sections 115.4 and 115.5. (c) The number of licenses issued and denied per fiscal year pursuant to Sections 115.4, 115.5, and 115.6. (d) The number of licenses issued pursuant to Section 115.6 that were suspended or revoked per fiscal year. (e) The number of applications for waived renewal fees received and granted pursuant to Section 114.3 per fiscal year. (f) The average length of time between application and issuance of licenses pursuant to Sections 115.4, 115.5, and 115.6. (Amended by Stats. 2023, Ch. 510, Sec. 1. (SB 887) Effective January 1, 2024.)
  32. 115.9.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The department and each board must publish military-spouse licensing information on their website home page.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 115.9. The department and each board within the department shall publish information pertinent to all licensing options available to military spouses on the home page of the internet website of the department or board, as applicable, including, but not limited to, the following: (a) The process for expediting applications for military spouses. (b) The availability of temporary licensure, the requirements for obtaining a temporary license, and length of time a temporary license is active. (c) The requirements for full, permanent licensure by endorsement or credential for out-of-state applicants. (Added by Stats. 2021, Ch. 693, Sec. 4. (AB 107) Effective January 1, 2022.)
  33. 11500.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 1. Purpose and Definitions [11500 - 11501] ( Chapter 1 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    This section defines key terms used in this chapter, including common interest development, association, financial services, management services, and professional association for common interest development managers.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 1. Purpose and Definitions [11500 - 11501] ( Chapter 1 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11500. For purposes of this chapter, the following definitions apply: (a) “Common interest development” means a residential development identified in Section 4100 of the Civil Code. (b) “Association” has the same meaning as defined in Section 4080 of the Civil Code. (c) “Financial services” means acts performed or offered to be performed, for compensation, for an association, including, but not limited to, the preparation of internal unaudited financial statements, internal accounting and bookkeeping functions, billing of assessments, and related services. (d) “Management services” means acts performed or offered to be performed in an advisory capacity for an association including, but not limited to, the following: (1) Administering or supervising the collection, reporting, and archiving of the financial or common area assets of an association or common interest development, at the direction of the association’s board of directors. (2) Implementing resolutions and directives of the board of directors of the association elected to oversee the operation of a common interest development. (3) Implementing provisions of governing documents, as defined in Section 4150 of the Civil Code, that govern the operation of the common interest development. (4) Administering association contracts, including insurance contracts, within the scope of the association’s duties or with other common interest development managers, vendors, contractors, and other third-party providers of goods and services to an association or common interest development. (e) “Professional association for common interest development managers” means an organization that meets all of the following: (1) Has at least 200 members or certificants who are common interest development managers in California. (2) Has been in existence for at least five years. (3) Operates pursuant to Section 501(c) of the Internal Revenue Code. (4) Certifies that a common interest development manager has met the criteria set forth in Section 11502 without requiring membership in the association. (5) Requires adherence to a code of professional ethics and standards of practice for certified common interest development managers. (Amended by Stats. 2012, Ch. 181, Sec. 13. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  34. 11501.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 1. Purpose and Definitions [11500 - 11501] ( Chapter 1 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    This section defines “common interest development manager” and says it should not be read to force an association to hire one, override other licensing or registration laws, or stop a California Board of Accountancy licensee from providing financial services within the scope of the license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 1. Purpose and Definitions [11500 - 11501] ( Chapter 1 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11501. (a) “Common interest development manager” means an individual who for compensation, or in expectation of compensation, provides or contracts to provide management or financial services, or represents himself or herself to act in the capacity of providing management or financial services to an association. Notwithstanding any other provision of law, an individual may not be required to obtain a real estate or broker’s license in order to perform the services of a common interest development manager to an association. (b) “Common interest development manager” also means any of the following: (1) An individual who is a partner in a partnership, a shareholder or officer in a corporation, or who, in any other business entity acts in a capacity to advise, supervise, and direct the activity of a registrant or provisional registrant, or who acts as a principal on behalf of a company that provides the services of a common interest development manager. (2) An individual operating under a fictitious business name who provides the services of a common interest development manager. This section may not be construed to require an association to hire for compensation a common interest development manager, unless required to do so by its governing documents. Nothing in this part shall be construed to supersede any law that requires a license, permit, or any other form of registration, to provide management or financial services. Nothing in this section shall preclude a licensee of the California Board of Accountancy from providing financial services to an association within the scope of his or her license in addition to the preparation of reviewed and audited financial statements and the preparation of the association’s tax returns. (Amended by Stats. 2007, Ch. 236, Sec. 3. Effective January 1, 2008.)
  35. 11502.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    A person may be called a certified common interest development manager only if they meet one of the statute’s qualification paths.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11502. In order to be called a “certified common interest development manager,” a person shall meet one of the following requirements: (a) Prior to July 1, 2003, has passed a knowledge, skills, and aptitude examination as specified in Section 11502.5 or has been granted a certification or a designation by a professional association for common interest development managers, and who has, within five years prior to July 1, 2004, received instruction in California law pursuant to paragraph (1) of subdivision (b). (b) On or after July 1, 2003, has successfully completed an educational curriculum that shall be no less than a combined 30 hours in coursework described in this subdivision and passed an examination or examinations that test competence in common interest development management in the following areas: (1) The law that relates to the management of common interest developments, including, but not limited to, the following courses of study: (A) Topics covered by the Davis-Stirling Common Interest Development Act, contained in Part 5 (commencing with Section 4000) of Division 4 of the Civil Code, including, but not limited to, the types of California common interest developments, disclosure requirements pertaining to common interest developments, meeting requirements, financial reporting requirements, and member access to association records. (B) Personnel issues, including, but not limited to, general matters related to independent contractor or employee status, the laws on harassment, the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act. (C) Risk management, including, but not limited to, insurance coverage, maintenance, operations, and emergency preparedness. (D) Property protection for associations, including, but not limited to, pertinent matters relating to environmental hazards such as asbestos, radon gas, and lead-based paint, the Vehicle Code, local and municipal regulations, family day care facilities, energy conservation, Federal Communications Commission rules and regulations, and solar energy systems. (E) Business affairs of associations, including, but not limited to, necessary compliance with federal, state, and local law. (F) Basic understanding of governing documents, codes, and regulations relating to the activities and affairs of associations and common interest developments. (2) Instruction in general management that is related to the managerial and business skills needed for management of a common interest development, including, but not limited to, the following: (A) Finance issues, including, but not limited to, budget preparation; management; administration or supervision of the collection, reporting, and archiving of the financial or common area assets of an association or common interest development; bankruptcy laws; and assessment collection. (B) Contract negotiation and administration. (C) Supervision of employees and staff. (D) Management of maintenance programs. (E) Management and administration of rules, regulations, and parliamentary procedures. (F) Management and administration of architectural standards. (G) Management and administration of the association’s recreational programs and facilities. (H) Management and administration of owner and resident communications. (I) Training and strategic planning for the association’s board of directors and its committees. (J) Implementation of association policies and procedures. (K) Ethics, professional conduct, and standards of practice for common interest development managers. (L) Current issues relating to common interest developments. (M) Conflict avoidance and resolution mechanisms. (Amended by Stats. 2012, Ch. 181, Sec. 14. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  36. 11502.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    Training exams and education for certified common interest development managers must be developed and administered consistently with listed testing and civil rights standards, or under approved continuing-education/equivalent-course regulations.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11502.5. The course related competency examination or examinations and education provided to a certified common interest development manager pursuant to Section 11502 by any professional association for common interest development managers, or any postsecondary educational institution, shall be developed and administered in a manner consistent with standards and requirements set forth by the American Educational Research Association’s “Standards for Educational and Psychological Testing,” and the Equal Employment Opportunity Commission’s “Uniform Guidelines for Employee Selection Procedures,” the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the Americans with Disabilities Act of 1990, or the course or courses that have been approved as a continuing education course or an equivalent course of study pursuant to the regulations of the Real Estate Commissioner. (Amended by Stats. 2007, Ch. 236, Sec. 5. Effective January 1, 2008.)
  37. 11503.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    A certified common interest development manager does not include a common interest development management firm.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 2. Certified Common Interest Development Manager [11502 - 11503] ( Chapter 2 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11503. A “certified common interest development manager” does not include a common interest development management firm. (Added by Stats. 2002, Ch. 1116, Sec. 5. Effective January 1, 2003.)
  38. 11504.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 3. Disclosure Requirements [11504- 11504.] ( Chapter 3 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    A person providing or planning to provide common interest development manager services must make specified disclosures to the association’s board, and the manager must also disclose certain insurance and licensing information before signing or renewing a contract.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 3. Disclosure Requirements [11504- 11504.] ( Chapter 3 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11504. On or before September 1, 2003, and annually thereafter, a person who either provides or contemplates providing the services of a common interest development manager to an association shall disclose to the board of directors of the association the following information: (a) Whether or not the common interest development manager has met the requirements of Section 11502 so he or she may be called a certified common interest development manager. (b) The name, address, and telephone number of the professional association that certified the common interest development manager, the date the manager was certified, and the status of the certification. (c) The location of his or her primary office. (d) Prior to entering into or renewing a contract with an association, the common interest development manager shall disclose to the board of directors of the association or common interest development whether the fidelity insurance of the common interest development manager or his or her employer covers the current year’s operating and reserve funds of the association. This requirement shall not be construed to compel an association to require a common interest development manager to obtain or maintain fidelity insurance. (e) Whether the common interest development manager possesses an active real estate license. (f) A common interest development manager or common interest development management firm shall disclose information required in Section 5375 of the Civil Code. (g) Whether or not the common interest development manager receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to Section 5300 of the Civil Code. (h) An affirmative written acknowledgment that the disclosure provided to a member or potential member pursuant to Sections 4528 and 5300 of the Civil Code, and all documents provided thereunder, are the property of the association and not its managing agent or the agent’s managing firm. (Amended by Stats. 2017, Ch. 127, Sec. 1. (AB 690) Effective January 1, 2018.)
  39. 11505.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 4. Unfair Business Practices [11505- 11505.] ( Chapter 4 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    Certain common interest development managers and related companies are prohibited from falsely claiming certification, registration, or licensing, misusing titles or numbers, or omitting required disclosures.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 4. Unfair Business Practices [11505- 11505.] ( Chapter 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11505. It is an unfair business practice for a common interest development manager, a company that employs the common interest development manager, or a company that is controlled by a company that also has a financial interest in a company employing that manager, to do any of the following: (a) On or after July 1, 2003, to hold oneself out or use the title of “certified common interest development manager” or any other term that implies or suggests that the person is certified as a common interest development manager without meeting the requirements of Section 11502. (b) To state or advertise that he or she is certified, registered, or licensed by a governmental agency to perform the functions of a certified common interest development manager. (c) To state or advertise a registration or license number, unless the license or registration is specified by a statute, regulation, or ordinance. (d) To fail to comply with any item to be disclosed in Section 11504 of this code, or Section 5375 of the Civil Code. (Amended by Stats. 2012, Ch. 181, Sec. 16. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  40. 11506.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 5. Sunset Review [11506- 11506.] ( Chapter 5 added by Stats. 2002, Ch. 1116, Sec. 5. )

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    This part is subject to review by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER [11500 - 11506] ( Part 4 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## CHAPTER 5. Sunset Review [11506- 11506.] ( Chapter 5 added by Stats. 2002, Ch. 1116, Sec. 5. ) ## 11506. This part shall be subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2018, Ch. 571, Sec. 30. (SB 1480) Effective January 1, 2019.)
  41. 116.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The director may audit and review certain disciplinary matters and may make recommendations for changes, and must report findings annually to specified committee chairpersons.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 116. (a) The director may audit and review, upon the director’s own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding licensees, dismissals of disciplinary cases, the opening, conduct, or closure of investigations, informal conferences, and discipline short of formal accusation by the Medical Board of California, the allied health professional boards, and the Podiatric Medical Board of California. The director may make recommendations for changes to the disciplinary system to the appropriate board, the Legislature, or both. (b) The director shall report to the Chairpersons of the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee annually, commencing March 1, 1995, regarding the director’s findings from any audit, review, or monitoring and evaluation conducted pursuant to this section. (Amended by Stats. 2019, Ch. 351, Sec. 21. (AB 496) Effective January 1, 2020.)
  42. 118.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A board can still pursue or deny a license application after withdrawal, and can still discipline a licensee after suspension, expiration, forfeiture, cancellation, or surrender, unless the board consented in writing to the withdrawal or surrender where required.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 118. (a) The withdrawal of an application for a license after it has been filed with a board in the department shall not, unless the board has consented in writing to such withdrawal, deprive the board of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law or to enter an order denying the license upon any such ground. (b) The suspension, expiration, or forfeiture by operation of law of a license issued by a board in the department, or its suspension, forfeiture, or cancellation by order of the board or by order of a court of law, or its surrender without the written consent of the board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any such ground. (c) As used in this section, “board” includes an individual who is authorized by any provision of this code to issue, suspend, or revoke a license, and “license” includes “certificate,” “registration,” and “permit.“ (Added by Stats. 1961, Ch. 1079.)
  43. 119.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A person commits a misdemeanor if they misuse, falsify, possess, lend, reproduce, or refuse to surrender a license or similar authorization document in the ways listed here.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 119. Any person who does any of the following is guilty of a misdemeanor: (a) Displays or causes or permits to be displayed or has in the person’s possession either of the following: (1) A canceled, revoked, suspended, or fraudulently altered license. (2) A fictitious license or any document simulating a license or purporting to be or have been issued as a license. (b) Lends the person’s license to any other person or knowingly permits the use thereof by another. (c) Displays or represents any license not issued to the person as being the person’s license. (d) Fails or refuses to surrender to the issuing authority upon its lawful written demand any license, registration, permit, or certificate which has been suspended, revoked, or canceled. (e) Knowingly permits any unlawful use of a license issued to the person. (f) Photographs, photostats, duplicates, manufactures, or in any way reproduces any license or facsimile thereof in a manner that it could be mistaken for a valid license, or displays or has in the person’s possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by this code. (g) Buys or receives a fraudulent, forged, or counterfeited license knowing that it is fraudulent, forged, or counterfeited. For purposes of this subdivision, “fraudulent” means containing any misrepresentation of fact. As used in this section, “license” includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. (Amended by Stats. 2019, Ch. 351, Sec. 22. (AB 496) Effective January 1, 2020.)
  44. 12.

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

    Verify source ↗

    When this code or another California law is referenced, that reference also includes amendments and additions made now or later.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 12. Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1937, Ch. 399.)
  45. 12.5.

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

    Verify source ↗

    If a provision of this code allows someone to issue citations for code violations, that authority also covers citations for violations of regulations adopted under the code.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 12.5. Whenever in any provision of this code authority is granted to issue a citation for a violation of any provision of this code, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to any provision of this code. (Added by Stats. 1986, Ch. 1379, Sec. 1.)
  46. 120.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A surviving spouse may keep or show a deceased spouse’s canceled accounting certificate in the stated circumstances, and a person who received a certificate from the board may keep and show it unless it has been suspended or revoked.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 120. (a) Subdivision (a) of Section 119 shall not apply to a surviving spouse having in the surviving spouse’s possession or displaying a deceased spouse’s canceled certified public accountant certificate or canceled public accountant certificate that has been canceled by official action of the California Board of Accountancy. (b) Notwithstanding Section 119, any person who has received a certificate of certified public accountant or a certificate of public accountant from the board may possess and may display the certificate received unless the person’s certificate, permit, or registration has been suspended or revoked. (Amended by Stats. 2019, Ch. 351, Sec. 23. (AB 496) Effective January 1, 2020.)
  47. 1200.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    This chapter must be interpreted liberally to protect the interests of all persons affected.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1200. Every provision of this chapter shall be liberally construed to protect the interests of all persons affected. (Repealed and added by Stats. 1951, Ch. 1727.)
  48. 12001.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The chapter’s definitions apply only to this division and do not change other divisions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12001. The definitions in this chapter apply to this division only and do not affect the provisions of any other division. (Added by Stats. 1939, Ch. 43.)
  49. 12002.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    In this section, “Department” means the Department of Food and Agriculture.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12002. “Department” means the Department of Food and Agriculture. (Amended by Stats. 1989, Ch. 246, Sec. 1.)
  50. 12003.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    In this section, “Secretary” means the Secretary of Food and Agriculture.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12003. “Secretary” means the Secretary of Food and Agriculture. (Amended by Stats. 2017, Ch. 573, Sec. 44. (SB 800) Effective January 1, 2018.)
  51. 12004.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “State Sealer” means the chief of the division of the department charged with enforcing this division.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12004. “State Sealer” means the chief of the division of the department charged with the enforcement of the provisions of this division. (Added by Stats. 1939, Ch. 43.)
  52. 12005.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    References in this division to the National Bureau of Standards must be read to include the National Institute of Standards and Technology.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12005. Whenever any provision of this division makes reference to the National Bureau of Standards, that reference shall be construed to include the National Institute of Standards and Technology. (Added by Stats. 1989, Ch. 1047, Sec. 1.)
  53. 12006.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “County Sealer” means a sealer appointed by a county. A county may, if it chooses, call its sealer the county director of weights and measures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12006. “County Sealer” means any sealer appointed by a county. A county may in its discretion refer to its sealer as the county director of weights and measures. (Amended by Stats. 1963, Ch. 254.)
  54. 12008.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “Sealer” includes the State Sealer, county sealers, and their deputies and inspectors.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12008. “Sealer,” when used without qualification, includes the State Sealer, county sealers and their deputies and inspectors. (Amended by Stats. 1967, Ch. 286.)
  55. 12009.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    This section defines “sell” broadly to include barter, exchange, trade, rent, lease, keeping for sale, offering for sale, or exposing for sale.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12009. “Sell,” in any of its variant forms, includes barter, exchange, trade, rent, lease, keep for sale, offer for sale, or expose for sale, in any of their variant forms. (Amended by Stats. 1995, Ch. 156, Sec. 1. Effective January 1, 1996.)
  56. 12009.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    This provision defines “distribute” to include keeping for distribution, offering for distribution, or exposing for distribution.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12009.5. “Distribute,” in any of its variant forms, includes keep for distribution, offer for distribution, or expose for distribution, in any of their variant forms. (Added by Stats. 1979, Ch. 527.)
  57. 1201.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    In this chapter, “person” includes firms, associations, partnerships, individuals, limited liability companies, and corporations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1201. As used in this chapter, “person” includes firm, association, partnership, individual, limited liability company, and corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 4. Effective January 1, 1995.)
  58. 12010.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “Use” also means “keep for use” in any of its variant forms.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12010. “Use,” in any of its variant forms includes keep for use in any of its variant forms. (Added by Stats. 1939, Ch. 43.)
  59. 12011.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    This section defines “person” to include a person, firm, corporation, or association.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12011. “Person” includes person, firm, corporation or association. (Added by Stats. 1939, Ch. 43.)
  60. 12011.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    In this division, certain references to “copies,” “standards,” or “copies of the standard weights and measures” mean the original standards held by the department or true and accurate copies made from them.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12011.5. Wherever in this division the terms “copies” or “standards” or “copies of the standard weights and measures” are used, such terms shall refer to the original standards in the possession of the department or to true and accurate copies derived therefrom. (Added by Stats. 1939, Ch. 992.)
  61. 12011.6.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “Container” means a receptacle, carton, or wrapping used to hold or cover a commodity for sale.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12011.6. “Container” means any receptacle or carton, whether lidded or unlidded, into which a commodity is packed or placed, or any wrappings with or into which any commodity is wrapped or put for sale. (Added by Stats. 1949, Ch. 1384.)
  62. 12011.7.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    “Pallet” means a portable platform used to hold containers or material for handling.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12011.7. “Pallet” means any portable platform upon which containers or material is placed to facilitate handling. (Added by Stats. 1961, Ch. 344.)
  63. 12012.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The secretary may exercise any power given by this division to the department or the State Sealer, either through the State Sealer or in another way.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12012. The secretary may exercise any power conferred upon the department or upon the State Sealer by this division through the State Sealer or otherwise. (Amended by Stats. 2012, Ch. 661, Sec. 18. (SB 1576) Effective January 1, 2013.)
  64. 12012.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The secretary, and in some cases a county sealer acting through local legal officers, may sue to stop violations or threatened violations of this division or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12012.1. The secretary may bring an action to enjoin the violation, or the threatened violation, of any provision of this division, or of any regulation adopted pursuant thereto, in the superior court in the county in which the violation occurs or is about to occur. There may be joined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residence, or place of business, may be in several counties and the violations separate and distinct. Any proceeding that is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The county sealer of any county acting through the district attorney or county counsel of that county may bring an action to enjoin the violation in the county or the threatened violation in the county of any provision of this division or of any regulation adopted pursuant thereto in the same manner as may the secretary, and if the secretary joins as a party plaintiff, those actions shall not be limited to violations occurring within the county. (Amended by Stats. 2012, Ch. 661, Sec. 19. (SB 1576) Effective January 1, 2013.)
  65. 12013.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Sealers may arrest without a warrant in specified cases and may serve processes and notices, with county-based limits for county sealers and their deputies.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12013. (a) Any sealer shall have the authority, as a public officer, to arrest, without a warrant, any person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this division, the violation of which is declared to be a public offense. In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with respect to any proceeding based upon the issuance of a citation pursuant to this authority. This subdivision shall not be interpreted to prevent further restriction by the board of supervisors of a county of the authority of a county sealer or his deputies to make arrests. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance. (c) Any sealer may serve all processes and notices throughout the state; provided, that county sealers and their deputies are authorized to serve processes and notices only within the boundaries of the county which employs them. (Amended by Stats. 1979, Ch. 527.)
  66. 12014.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A sealer generally must not seal or condemn measurement devices before first testing them and making them conform to state standards, unless the subdivision (b) sampling exception applies.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12014. (a) Except as provided in subdivision (b), any sealer who seals any weight, measure, balance or weighing or measuring instrument or apparatus before first testing and making it conform with the standards of the state, or who condemns any weight, measure, balance or weighing or measuring instrument or apparatus without first testing it is guilty of a misdemeanor. (b) A sealer may engage in a planned program of probability sampling of devices, using methods approved by the secretary. The sealing of a device by a sealer pursuant to such sampling and testing program is exempt from the provisions of subdivision (a). (Amended by Stats. 2017, Ch. 573, Sec. 45. (SB 800) Effective January 1, 2018.)
  67. 12015.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A sealer who knows of a violation of any weights-and-measures law must cause the violator to be prosecuted.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12015. Any sealer having knowledge of a violation of any of the provisions of any law relating to weights and measures shall cause the violator to be prosecuted. (Added by Stats. 1939, Ch. 43.)
  68. 12015.3.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The sealer may impose a civil penalty of up to $1,000 per violation, with notice, hearing, appeal, and review procedures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12015.3. (a) The sealer may levy a civil penalty against a person violating any provision of this division or a regulation adopted pursuant to any of these provisions, of not more than one thousand dollars ($1,000) for each violation. It is a complete defense to a criminal prosecution for a violation of any provision of this division or a regulation adopted pursuant to any provision of this division that the defendant has been assessed and has paid a civil penalty under this section for the same act or acts constituting the violation. Any civil penalty under this section shall be cumulative to civil remedies or penalties imposed under any other law. (b) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing. The request shall be made within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the sealer’s evidence and to present evidence on his or her own behalf. If a hearing is not timely requested, the sealer may take the action proposed without a hearing. (c) If the person upon whom the sealer levied a civil penalty requested and appeared at a hearing, the person may appeal the sealer’s decision to the secretary within 30 days of the date of receiving a copy of the sealer’s decision. The following procedures apply to the appeal: (1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the sealer’s decision. The appellant shall file a copy of the appeal with the sealer at the same time it is filed with the secretary. (2) The appellant and the sealer may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, present the record of the hearing including written evidence that was submitted at the hearing and a written argument to the secretary stating grounds for affirming, modifying, or reversing the sealer’s decision. (3) The secretary may grant oral arguments upon application made at the time written arguments are filed. (4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the sealer, and the secretary. (5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the sealer’s decision, the secretary shall affirm the decision. (6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practicable. (7) On an appeal pursuant to this section, the secretary may affirm the sealer’s decision, modify the sealer’s decision by reducing or increasing the amount of the penalty levied so that it is within the secretary’s guidelines for imposing civil penalties, or reverse the sealer’s decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the sealer’s notice of proposed action given pursuant to subdivision (b). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the sealer. (8) Any person who does not request a hearing pursuant to subdivision (b) may not file an appeal pursuant to this subdivision. (9) Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure. (d) After the exhaustion of the appeal and review procedures provided in this section, the sealer, or his or her representative, may file a certified copy of a final decision of the sealer that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary or his or her authorized representative rendered on an appeal from the sealer’s decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section. (e) If the civil penalty is levied by the State Sealer, the revenues derived therefrom shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation, shall be used by the State Sealer to carry out his or her responsibilities under this division. If the civil penalty is levied by the county sealer, the revenues shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the county sealer to carry out his or her responsibilities under this division. (f) This section does not apply to violations involving utility meters, or to violations involving the testing and inspection of utility meters, in mobilehome parks, recreational vehicle parks, or apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters. (g) Upon the written request of the Attorney General of California, any district attorney, or any city prosecutor or city attorney described in subdivision (a) of Section 17206, the State Sealer or the county sealer within their respective jurisdictions, shall provide all reports and records regarding any actions that occurred within the four months prior to the date of the written request in which civil penalties were levied pursuant to this section or liability for costs incurred are determined pursuant to Section 12015.5. (h) No investigative costs shall be imposed pursuant to Section 12015.5 for violations for which civil penalties are imposed pursuant to this section. (Amended by Stats. 2005, Ch. 529, Sec. 1. Effective January 1, 2006.)
  69. 12015.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    People convicted of violating this division, and some people civilly liable for doing so, must pay the reasonable costs of investigating the action.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12015.5. Any person convicted of violating any of the provisions of this division, or, except as provided in Section 12015.3, any person who is determined to be civilly liable for violating any of the provisions of this division, shall be liable for reasonable costs incurred in investigating the action. (Amended by Stats. 2005, Ch. 529, Sec. 2. Effective January 1, 2006.)
  70. 12016.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person must not hinder or obstruct a sealer while the sealer is performing official duties.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12016. Any person who hinders or obstructs in any way any sealer, in the performance of his official duties, is guilty of a misdemeanor. (Amended by Stats. 1965, Ch. 83.)
  71. 12017.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Corporate officers, directors, and managers must comply with this division when their corporation uses or sells inspected weights, measures, or related instruments, or sells inspected commodities.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12017. All officers, directors and managers of corporations, whose respective corporations use or sell any weights, measures, or weighing or measuring instruments which are subject to inspection shall comply with the provisions of this division on behalf of their respective corporations; and all officers, directors and managers of corporations, whose respective corporations sell any commodity which is subject to inspection shall comply with the provisions of this division on behalf of their respective corporations. In case any corporation violates any of the provisions of this division, the corporation and the officers thereof directly concerned with the act or acts constituting such violation shall be severally guilty of a misdemeanor. (Added by Stats. 1939, Ch. 43.)
  72. 12018.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person who has a weight, measure, or related measuring equipment must exhibit it to a sealer for inspection and examination, or the person commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12018. Any person neglecting or refusing to exhibit any weight, measure, weighing or measuring instrument, or appliances and accessories connected therewith in his possession or under his control, to any sealer for inspection and examination is guilty of a misdemeanor. (Added by Stats. 1939, Ch. 43.)
  73. 12019.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    This section defines a false weight or measure as one that does not conform to the standard recognized by this division.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12019. A false weight or measure is one which does not conform to the standard established or recognized by this division. (Added by Stats. 1939, Ch. 43.)
  74. 1202.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    In this chapter, “department” means the State Department of Public Health.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1202. As used in this chapter, “department” means the State Department of Public Health. (Amended by Stats. 2013, Ch. 76, Sec. 1. (AB 383) Effective January 1, 2014.)
  75. 1202.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    This section defines “CLIA” and “HCFA” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1202.5. (a) For purposes of this chapter “CLIA” means the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a; P.L. 100-578) and the regulations adopted thereunder by the federal Health Care Financing Administration and effective on January 1, 1994, or any later date, when adopted in California pursuant to subdivision (b) of Section 1208. (b) For purposes of this chapter “HCFA” means the Health Care Financing Administration of the federal Department of Health and Human Services. (Added by Stats. 1995, Ch. 510, Sec. 2. Effective January 1, 1996.)
  76. 12020.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person may not use an incorrect weight, measure, or measuring/counting instrument for commercial purposes if they know it is incorrect.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12020. It shall be unlawful for any person, by himself or through or for another, to use for commercial purposes any weight or measure or weighing, measuring or counting instrument, knowing it to be “incorrect” as this term is defined in subdivision (d) of Section 12500. Every person who violates this section is guilty of a misdemeanor. (Amended by Stats. 1973, Ch. 977.)
  77. 12021.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person who knowingly falsifies a container’s weight or measure markings, takes false tare, or sells a container with those false markings commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12021. Every person who knowingly marks or stamps false or short weight or measure, or knowingly takes false tare, on any container, or knowingly sells any container so marked, is guilty of a misdemeanor. (Amended by Stats. 1941, Ch. 306.)
  78. 12022.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person may not put extra substance or moisture into container goods sold by weight to make them weigh more, except for ordinary processing moisture, and violations carry a minimum $25 fine per offense.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12022. Every person who, in putting up in any container, goods usually sold by weight, puts in or conceals therein any other substance including moisture, except such moisture as may be included or absorbed by the goods or commodity contained therein during preparation for market or processing in accordance with ordinary commercial practice, for the purpose of increasing the weight of such container with intent thereby to sell the goods therein or to enable another to sell the same, for an increased weight, is punishable by a fine of not less than twenty-five dollars ($25) for each offense. The amount of added moisture contained in poultry meat as defined in Section 380.20 of the Agricultural Code shall not exceed 4 percent by weight or any greater amount established by regulation of the secretary. (Amended by Stats. 2017, Ch. 573, Sec. 46. (SB 800) Effective January 1, 2018.)
  79. 12022.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Fresh meat and roasts must be sold, advertised, or displayed on a net-weight-only basis, and added fat is treated as tare weight unless the package is clearly labeled “fat added” in eight-point type or larger.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12022.5. Fresh meat or roasts of any kind or cut shall be exposed, advertised, offered for sale or sold on the basis of net weight of the fresh meat or roast only, and any added fat of any kind whatsoever either wrapped within or injected with a larding needle or otherwise inserted in such fresh meat or roast shall be considered as tare weight only. Notwithstanding the above provision, added fat shall not be considered tare weight if the meat package containing such added fat is clearly and prominently labeled in eight-point type or larger with the term “fat added.” (Added by Stats. 1976, Ch. 1077.)
  80. 12023.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person who sells a commodity by gross weight or measure commits a misdemeanor, unless another part of the code provides an exception.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12023. Except as provided elsewhere in this code any person who by himself or his employee or agent, or as the employee or agent of another, sells any commodity according to gross weight or measure is guilty of a misdemeanor. (Amended by Stats. 1967, Ch. 272.)
  81. 12023.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Jute cordage, hard fiber cordage, and hard fiber twine may be marked and sold on a gross weight basis, except for certain retail consumer sales after removal from the original wrapper or container.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12023.5. Notwithstanding any other provision of this code or any other law, jute cordage, hard fiber cordage, and hard fiber twine (whether covered or uncovered) may be marked and sold on a gross weight basis. The provisions of the fore-going sentence shall not apply to sales in retail stores for consumer use of any such product which has been removed from the wrapper or container in which it was received by the retailer. (Amended by Stats. 1965, Ch. 190.)
  82. 12024.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person must not sell a commodity in less quantity than represented, except as provided in Section 12024.3.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024. Every person, who by himself or herself, or through or for another, sells any commodity in less quantity than he or she represents it to be is guilty of a misdemeanor, except as provided in Section 12024.3. (Amended by Stats. 1982, Ch. 1380, Sec. 1.)
  83. 12024.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person who willfully misrepresents a charge for service based on weight, time, measure, or count commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.1. Every person, by himself, or through or for another, who willfully misrepresents a charge for service rendered on the basis of weight, time, measure, or count is guilty of a misdemeanor. (Added by Stats. 1969, Ch. 731.)
  84. 12024.10.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    People, companies, or corporations that issue certain documents must keep a true and legible copy for one year and make it available to a sealer on request.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.10. A true and legible copy of each document issued pursuant to Section 12024.7 or 12024.9 shall be retained by the person, company, or corporation issuing the document for a period of one year and shall be made available for inspection by a sealer upon request. This section shall not apply to primal cuts of meat which are smaller than one quarter of a carcass. (Added by Stats. 1981, Ch. 758, Sec. 1.)
  85. 12024.11.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The secretary must adopt rules and regulations for the sale or advertisement of wood for fuel purposes.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.11. The secretary shall adopt necessary rules and regulations pertaining to the sale or advertisement of wood for fuel purposes in order to standardize quantities of measurement and to protect against deceptive marketing practices. (Amended by Stats. 2012, Ch. 661, Sec. 20. (SB 1576) Effective January 1, 2013.)
  86. 12024.13.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A beverage dealer covered by the referenced division may not charge a redemption payment above the amount set in Public Resources Code Section 14560.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.13. (a) A dealer of a beverage in a container subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code shall not charge an amount for a redemption payment for a beverage container that is greater than the amount set forth in Section 14560 of the Public Resources Code. (b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public Resources Code. (c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less. (d) In the written report required pursuant to Section 12209, a sealer shall separately report any action taken to enforce this section that results in a penalty being levied for a violation of this section. (e) Nothing in this section is intended to limit or alter the authority of the Department of Resources Recycling and Recovery under the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code). (Added by Stats. 2014, Ch. 605, Sec. 1. (AB 2251) Effective January 1, 2015.)
  87. 12024.2.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Sellers must not charge more than the posted or quoted price for a commodity, and generally must charge the lowest posted price when multiple prices are shown.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.2. (a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following: (1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity. (2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price is in effect. (b) A violation of this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if the violation is willful or grossly negligent, or when the overcharge is more than one dollar ($1). (c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less. (d) As used in subdivisions (b) and (c), “overcharge” means the amount by which the charge for a commodity exceeds a price that is advertised, posted, marked, displayed, or quoted to that consumer for that commodity at the time of sale. (e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the same commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for sale shall charge the lowest of those prices. (f) Pricing may be subject to a condition of sale, such as membership in a retailer-sponsored club, the purchase of a minimum quantity, or the purchase of multiples of the same item, provided that the condition is conspicuously posted in the same location as the price. (Amended by Stats. 2004, Ch. 752, Sec. 2. Effective January 1, 2005.)
  88. 12024.3.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A Section 12024 violation for prepackaged commodities sold on the same premises can be a misdemeanor with jail or fines, or an infraction with a smaller fine, depending on willfulness and shortage value.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.3. (a) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if any of the following occurs: (1) The violation is willful. (2) The total monetary value of the shortage, calculated on the basis of the average error of an individual lot, exceeds two dollars ($2), as determined pursuant to regulations adopted pursuant to Section 12211. (3) The total monetary value of shortages, calculated on the basis of the average error of each individual lot, as determined from a sample of packages selected pursuant to regulations adopted pursuant to Section 12211, within all lots found to be in violation of Section 12024 at a single location, exceeds ten dollars ($10). (b) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is an infraction, punishable by a fine of not more than one hundred dollars ($100), if the violation is of less monetary value than that specified in subdivision (a) and it is not willful. (Amended by Stats. 1983, Ch. 1245, Sec. 2.)
  89. 12024.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    This section requires certain meat, poultry, fish, rabbit, and similar retail packages to show net weight, and generally requires sales or advertising of those items to be by weight on a properly sealed scale unless a stated packaging exception applies.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.5. It is unlawful for any person to sell or advertise for sale any dressed poultry or any other fowl or rabbit in dressed form, either cooked or uncooked, or smoked, fresh, frozen, cooked, dried, or pickled meats or fish other than by weight determined at the time of sale on a scale properly sealed in accordance with this division. Any commodity specified in this section, however, need not be weighed at the time of sale if at that time it is packed in a package or container upon which appears the net weight of the commodity therein. Except as provided below, any person, including, but not limited to, a manufacturer, processor, packer, wholesaler, or jobber that packs any commodity specified in this section in any package which is intended for retail sale, shall mark the net weight of the commodity therein upon the package. Packages of these products intended for retail sale need not be marked by the packer with the net weight of the commodity if they are to be marked with the net weight of the commodity by the retailer who purchases or receives the packages from the packer. This section does not apply to any of the following ready-to-eat food items: (a) Items sold for consumption on the premises. (b) Items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold. (c) Ready-to-eat meat, poultry, or seafood cooked or heated on the premises but not packaged in advance of sale. (d) Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale. (Amended by Stats. 1986, Ch. 1516, Sec. 1. Effective September 30, 1986.)
  90. 12024.55.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Door-to-door sales packages of meat, fish, or poultry must show the price per pound and meet specific labeling format rules.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.55. Packages of meat, fish, or poultry offered for sale by door-to-door salespersons shall display the price per pound for each type and cut in the package. The price per pound shall be separately and accurately stated and shall be preceded by the words “price per pound” on each principal display panel of the package, as the term “principal display panel” is defined by regulations of the director adopted pursuant to Section 12610. All numbers and letters of the price per pound shall be of uniform size, at least one-quarter inch (6.35 millimeters) in height, and shall be generally parallel to the net quantity statement. There shall in addition be an area surrounding the statement of price at least equal in width to the height of the letters and numbers in the statement of price which shall be free of any printed material. (Repealed and added by Stats. 1982, Ch. 532, Sec. 2.)
  91. 12024.6.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    No person, firm, corporation, or association may advertise, solicit, or represent a product for sale or purchase if it is intended to entice a consumer into a different transaction than the one originally represented.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.6. No person, firm, corporation, or association shall advertise, solicit, or represent by any means, a product for sale or purchase if it is intended to entice a consumer into a transaction different from that originally represented. (Added by Stats. 1975, Ch. 907.)
  92. 12024.7.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    Sellers of meat sold directly to consumers on a primal-cut or carcass-weight basis must give the buyer accurate weight and quantity statements at the time of sale.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.7. Any person who sells meat directly to the consumer on the basis of primal cuts or carcass weight shall supply the buyer with an accurate statement of weight at time of sale of the carcass or primal cut purchased, and shall supply a complete and accurate statement which shall contain the weight of the meat delivered to the buyer and the number and type of cuts. When any fruits, vegetables, or other food products are sold as part of a combination sale with meat sold directly to the consumer on the basis of primal cuts or carcass weight, the seller shall supply an itemized statement showing the net quantity of any fruits, vegetables, and other food products delivered to the buyer. This section shall also apply to any person who custom cuts any meat animal carcass or part of such carcass for the owner, except the carcass of any game mammal taken as authorized by the Fish and Game Code. (Added by Stats. 1967, Ch. 1449.)
  93. 12024.8.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    Section 12024.5 does not apply to fish that are not used for human consumption.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.8. The provisions of Section 12024.5 shall not apply to fish not used for human consumption. (Added by Stats. 1968, Ch. 141.)
  94. 12024.9.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    This section defines several meat-sale terms and requires retailers to give itemized weight information when retail cuts are sold in a variety pack.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12024.9. (a) All terms contained in this section which are defined by the United States Department of Agriculture shall have the same meaning as defined by such department. (b) “Retail cuts” as used in this section shall mean a cut of meat from a primal cut for direct sale to the consumer. (c) “Freezer meat” as used in this section means any uncooked meat which is sold directly to the consumer on the basis of primal cuts, carcass weight or any specified portion of a carcass, other than retail cuts. (d) “Variety pack” as used in this section means freezer meat cut or packaged, or both, into retail cuts or other frozen food products, or both, sold for a stipulated total price. (e) “Consumer” as used in this section means any purchaser of freezer meat or variety pack meat. (f) Whenever any retail cuts of meat are sold in a variety pack the retailer shall furnish, at the time of sale, an itemization of the total net weight of each of the various retail cuts sold and the total net weight of the entire meat purchase, and a separate itemization shall be furnished for frozen food products other than meat indicating price and weight of each product. (g) Whenever freezer meat is sold directly to the consumer, the consumer shall be supplied at the time of sale with the weight of the carcass or primal cuts before cutting and a complete and accurate inventory which shall contain the net weight of meat delivered. The consumer shall also be supplied with complete cutting instructions for each cut of meat processed and an exact inventory of each such cut. The consumer shall also be furnished with the total weight of ground meat from carcass or primal cuts. (h) A half of beef shall consist of a forequarter and a hindquarter from the same animal. When beef is sold as a half of beef, the consumer shall be furnished an invoice listing the weight of each such quarter. Not more than 8 percent tolerance differential shall be allowed. (i) Whenever the consumer buys freezer meats or variety packs, the entire order shall be delivered to the consumer or held and maintained in storage and available for such consumer. (Added by Stats. 1975, Ch. 454.)
  95. 12025.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    A person must not refuse to show a commodity sold by weight or quantity to a sealer for quantity checking; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12025. Any person, who by himself, or his employee or agent, or as a proprietor or manager, refuses to exhibit any commodity being sold at a given weight or quantity, or ordinarily so sold, to a sealer for the purpose of allowing the same to be proved as to the quantity thereof is guilty of a misdemeanor. (Added by Stats. 1939, Ch. 43.)
  96. 12025.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    When a commodity or container is ordered off sale, the sealer must tag it “off sale,” and no one may remove the tag or handle the item in certain ways before the sealer releases it.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12025.5. Whenever any commodity or any container is ordered off sale under the provisions of Section 12211 or Section 12607 of this division, the sealer shall cause the commodity or container affected by such off-sale order to be identified by a tag or other suitable device with the words “off sale.” It shall be unlawful to remove or obliterate any such tag or device placed upon such commodity or container or in any way dispose of or commingle such commodity or container or prepare, pack, place, deliver for shipment, deliver for sale, sell, or cause to be loaded, shipped, or transported, any such commodity or container before it has been released by the sealer. (Amended by Stats. 1969, Ch. 1309.)
  97. 12026.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    Violating this division, or the rules and standards adopted under it, is a misdemeanor unless another provision specifically provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12026. (a) Except as otherwise specifically provided, any person violating any of the provisions of this division is guilty of a misdemeanor. (b) It is unlawful for any person to violate any of the rules, regulations, tolerances, specifications, or standards adopted under the provisions of this division. (Amended by Stats. 1989, Ch. 818, Sec. 1.)
  98. 12026.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    Penalties and remedies under this division are cumulative with each other and with other California laws, unless a specific provision says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12026.5. Except as otherwise specifically provided, the remedies or penalties provided by this division are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1979, Ch. 527.)
  99. 12027.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. )

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    The secretary may make rules and regulations that are reasonably necessary to carry out this division.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 1. General Provisions [12001 - 12027] ( Chapter 1 added by Stats. 1939, Ch. 43. ) ## 12027. The secretary may make rules and regulations as are reasonably necessary for the purpose of carrying out the provisions of this division. (Amended by Stats. 2012, Ch. 661, Sec. 21. (SB 1576) Effective January 1, 2013.)
  100. 1203.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “clinical laboratory bioanalyst” and says qualified bioanalysts may perform certain CLIA laboratory tests and duties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1203. As used in this chapter, “clinical laboratory bioanalyst” or “bioanalyst” means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. (a) A person licensed as a clinical laboratory bioanalyst or bioanalyst and qualified under CLIA, who is not the CLIA laboratory director, may perform clinical laboratory tests or examinations classified as of high complexity under CLIA and the duties and responsibilities of a laboratory director in the specialties of histocompatibility, microbiology, diagnostic immunology, chemistry, hematology, immunohematology, genetics, reproductive biology, or other specialty or subspecialty specified in regulations adopted by the department. (b) A person licensed as a clinical laboratory bioanalyst or bioanalyst and qualified under CLIA may perform the duties and responsibilities of a CLIA laboratory director, technical consultant, clinical consultant, technical supervisor, and general supervisor, as specified under CLIA, in the specialties of histocompatibility, microbiology, diagnostic immunology, chemistry, hematology, immunohematology, genetics, reproductive biology, or other specialty or subspecialty specified in regulations adopted by the department. (c) A person licensed as a clinical laboratory bioanalyst or bioanalyst may perform any clinical laboratory test or examination classified as waived or of moderate complexity under CLIA. (Amended by Stats. 2022, Ch. 473, Sec. 1. (SB 1267) Effective January 1, 2023.)
  101. 1204.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “clinical laboratory scientist” and says a licensed clinical laboratory scientist may perform certain CLIA-classified laboratory tests and related supervisory roles.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1204. As used in this chapter, “clinical laboratory scientist” means a person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. A person licensed as a clinical laboratory scientist and qualified under CLIA may perform clinical laboratory tests or examinations classified as of high complexity under CLIA and the duties and responsibilities of a waived laboratory director, as specified under CLIA, technical consultant, clinical consultant, technical supervisor, and general supervisor, as specified under CLIA, in the specialties of histocompatibility, microbiology, diagnostic immunology, chemistry, hematology, immunohematology, reproductive biology, genetics, or other specialty or subspecialty specified by regulation adopted by the department. A person licensed as a “clinical laboratory scientist” may perform any clinical laboratory test or examination classified as waived or of moderate complexity under CLIA. (Amended by Stats. 2022, Ch. 473, Sec. 2. (SB 1267) Effective January 1, 2023.)
  102. 1205.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “trainee” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1205. As used in this chapter, “trainee” means a person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, clinical laboratory geneticist scientist, clinical reproductive biologist scientist, or other equivalent licensee in the science or specialty or subspecialty for which the person is licensed in a clinical laboratory certified for this purpose by the department under this chapter. (Amended by Stats. 2022, Ch. 473, Sec. 3. (SB 1267) Effective January 1, 2023.)
  103. 1206.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines key clinical laboratory terms and says the chapter does not limit licensed health care professionals from practicing their licensed profession, but it also does not itself authorize unlicensed care or specimen puncture.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1206. (a) For the purposes of this chapter the following definitions are applicable: (1) “Analyte” means the substance or constituent being measured, including, but not limited to, glucose, sodium, or theophyline, or any substance or property whose presence or absence, concentration, activity, intensity, or other characteristics are to be determined. (2) “Biological specimen” means any material that is derived from the human body. (3) “Blood electrolyte analysis” means the measurement of electrolytes in a blood specimen by means of ion selective electrodes on instruments specifically designed and manufactured for blood gas and acid-base analysis. (4) “Blood gas analysis” means a clinical laboratory test or examination that deals with the uptake, transport, and metabolism of oxygen and carbon dioxide in the human body. (5) “Clinical laboratory test or examination” means the detection, identification, measurement, evaluation, correlation, monitoring, and reporting of any particular analyte, entity, or substance within a biological specimen for the purpose of obtaining scientific data that may be used as an aid to ascertain the presence, progress, and source of a disease or physiological condition in a human being, or used as an aid in the prevention, prognosis, monitoring, or treatment of a physiological or pathological condition in a human being, or for the performance of nondiagnostic tests for assessing the health of an individual. (6) “Clinical laboratory science” means any of the sciences or scientific disciplines used to perform a clinical laboratory test or examination. (7) “Clinical laboratory practice” means the application of clinical laboratory sciences or the use of any means that applies the clinical laboratory sciences within or outside of a licensed or registered clinical laboratory. Clinical laboratory practice includes consultation, advisory, and other activities inherent to the profession. (8) “Clinical laboratory” means a place used, or an establishment or institution organized or operated, for the performance of clinical laboratory tests or examinations or the practical application of the clinical laboratory sciences. That application may include any means that applies the clinical laboratory sciences. (9) “Direct and constant supervision” means personal observation and critical evaluation of the activity of unlicensed laboratory personnel by a physician and surgeon, or by a person licensed under this chapter other than a trainee, during the entire time that the unlicensed laboratory personnel are engaged in the duties specified in Section 1269. (10) “Direct and responsible supervision” means both of the following: (A) Personal observation and critical evaluation of the activity of a trainee by a physician and surgeon, or by a person licensed under this chapter other than a trainee, during the entire time that the trainee is performing clinical laboratory tests or examinations. (B) Personal review by the physician and surgeon or the licensed person of all results of clinical laboratory testing or examination performed by the trainee for accuracy, reliability, and validity before the results are reported from the laboratory. (11) “Licensed laboratory” means a clinical laboratory licensed pursuant to paragraph (1) of subdivision (a) of Section 1265. (12) “Location” means either a street and city address, or a site or place within a street and city address, where any of the clinical laboratory sciences or scientific disciplines are practiced or applied, or where any clinical laboratory tests or examinations are performed. (13) “Physician office laboratory” means a clinical laboratory that is licensed or registered under Section 1265, and that is either: (A) a clinical laboratory that is owned and operated by a partnership or professional corporation that performs clinical laboratory tests or examinations only for patients of five or fewer physicians and surgeons or podiatrists who are shareholders, partners, or employees of the partnership or professional corporation that owns and operates the clinical laboratory; or (B) a clinical laboratory that is owned and operated by an individual licensed physician and surgeon or a podiatrist, and that performs clinical laboratory tests or examinations only for patients of the physician and surgeon or podiatrist who owns and operates the clinical laboratory. (14) “Point-of-care laboratory testing device” means a portable laboratory testing instrument to which the following applies: (A) It is used within the proximity of the patient for whom the test or examination is being conducted. (B) It is used in accordance with the patient test management system, the quality control program, and the comprehensive quality assurance program established and maintained by the laboratory pursuant to paragraph (2) of subdivision (d) of Section 1220. (C) It meets the following criteria: (i) Performs clinical laboratory tests or examinations classified as waived or of moderate complexity under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) (42 U.S.C. Sec. 263a). (ii) Performs clinical laboratory tests or examinations on biological specimens that require no preparation after collection. (iii) Provides clinical laboratory tests or examination results without calculation or discretionary intervention by the testing personnel. (iv) Performs clinical laboratory tests or examinations without the necessity for testing personnel to perform calibration or maintenance, except resetting pursuant to the manufacturer’s instructions or basic cleaning. (15) “Public health laboratory” means a laboratory that is operated by a city or county in conformity with Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code and the regulations adopted thereunder. (16) “Registered laboratory” means a clinical laboratory registered pursuant to paragraph (2) of subdivision (a) of Section 1265. (17) “Specialty” means histocompatibility, microbiology, diagnostic immunology, chemistry, hematology, immunohematology, pathology, genetics, reproductive biology, or other specialty specified by regulation adopted by the department. (18) “Subspecialty” means all of the following: (A) For purposes of microbiology, means bacteriology, mycobacteriology, mycology, parasitology, virology, molecular biology, and serology for diagnosis of infectious diseases, or other subspecialty specified by regulation adopted by the department. (B) For purposes of diagnostic immunology, means syphilis serology, general immunology, or other subspecialty specified by regulation adopted by the department. (C) For purposes of chemistry, means routine chemistry, clinical microscopy, endocrinology, toxicology, or other subspecialty specified by regulation adopted by the department. (D) For purposes of immunohematology, means ABO/Rh Type and Group, antibody detection for transfusion, antibody detection nontransfusion, antibody identification, compatibility, or other subspecialty specified by regulation adopted by the department. (E) For pathology, means tissue pathology, oral pathology, diagnostic cytology, or other subspecialty specified by regulation adopted by the department. (F) For purposes of genetics, means molecular biology related to the diagnosis of human genetic abnormalities, cytogenetics, biochemical genetics, laboratory genetics, or other subspecialty specified by regulation adopted by the department. (G) For purposes of reproductive biology, means andrology and embryology, including diagnostic testing for management of primary and secondary infertility, fertility assessment, and fertility preservation, as well as the evaluation and assessment of gametes and embryos and their associated fluids and tissues, or other subspecialty specified by regulation adopted by the department. Reproductive biology does not include the qualitative assessment of sperm in preparation for intrauterine insemination. (b) This chapter does not restrict, limit, or prevent a person licensed to provide health care services under the laws of this state, including, but not limited to, licensed physicians and surgeons and registered nurses, from practicing the profession or occupation for which the person is licensed. (c) This chapter does not authorize a person to perform or order health care services, or utilize the results of the clinical laboratory test or examination, unless the person is otherwise authorized to provide that care or utilize the results. The inclusion of a person in Section 1206.5 for purposes of performing a clinical laboratory test or examination does not authorize a person, who is not otherwise authorized, to perform venipuncture, arterial puncture, or skin puncture. (Amended by Stats. 2022, Ch. 473, Sec. 4. (SB 1267) Effective January 1, 2023.)
  104. 1206.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section limits who may perform certain clinical laboratory tests and exams, and requires laboratory director oversight for those tests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1206.5. (a) Notwithstanding subdivision (b) of Section 1206 and except as otherwise provided in Sections 1206.6 and 1241, no person shall perform a clinical laboratory test or examination classified as waived under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: (1) A licensed physician and surgeon holding a M.D. or D.O. degree. (2) A licensed podiatrist, a licensed dentist, or a licensed naturopathic doctor, if the results of the tests can be lawfully utilized within their practice. (3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. (4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. (5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. (6) A person licensed under Chapter 6 (commencing with Section 2700). (7) A person licensed under Chapter 6.5 (commencing with Section 2840). (8) A perfusionist if authorized by and performed in compliance with Section 2590. (9) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). (10) A medical assistant, as defined in Section 2069, if the waived test is performed pursuant to a specific authorization meeting the requirements of Section 2069. (11) A pharmacist, as defined in Section 4036, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2, if performing skin puncture in the course of performing routine patient assessment procedures in compliance with Section 4052.1, or if performing testing as authorized in Section 4052.4. (12) A naturopathic assistant, as defined in Sections 3613 and 3640.2, if the waived test is performed pursuant to a specific authorization meeting the requirements of Sections 3613 and 3640.2. (13) A licensed optometrist as authorized under Chapter 7 (commencing with Section 3000). (14) Other health care personnel providing direct patient care. (15) Any other person performing nondiagnostic testing pursuant to Section 1244. (b) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of moderate complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: (1) A licensed physician and surgeon holding a M.D. or D.O. degree. (2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within their practice. (3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory. (4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code. (5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. (6) A person licensed under Chapter 6 (commencing with Section 2700). (7) A perfusionist if authorized by and performed in compliance with Section 2590. (8) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). (9) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. (10) Any person if performing blood gas analysis in compliance with Section 1245. (11) (A) A person certified or licensed as an “Emergency Medical Technician II” or paramedic pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code while providing prehospital medical care, a person licensed as a psychiatric technician under Chapter 10 (commencing with Section 4500) of Division 2, as a vocational nurse pursuant to Chapter 6.5 (commencing with Section 2840), or as a midwife licensed pursuant to Article 24 (commencing with Section 2505) of Chapter 5, or certified by the department pursuant to Division 5 (commencing with Section 70001) of Title 22 of the California Code of Regulations as a nurse assistant or a home health aide, who provides direct patient care, if the person is performing the test as an adjunct to the provision of direct patient care by the person, is utilizing a point-of-care laboratory testing device at a site for which a laboratory license or registration has been issued, meets the minimum clinical laboratory education, training, and experience requirements set forth in regulations adopted by the department, and has demonstrated to the satisfaction of the laboratory director that the person is competent in the operation of the point-of-care laboratory testing device for each analyte to be reported. (B) Before being authorized by the laboratory director to perform laboratory tests or examinations, testing personnel identified in subparagraph (A) shall participate in a preceptor program until they are able to perform the clinical laboratory tests or examinations authorized in this section with results that are deemed accurate and skills that are deemed competent by the preceptor. For the purposes of this section, a “preceptor program” means an organized system that meets regulatory requirements in which a preceptor provides and documents personal observation and critical evaluation, including review of accuracy, reliability, and validity, of laboratory testing performed. (12) Any other person within a physician office laboratory if the test is performed under the supervision of the patient’s physician and surgeon or podiatrist who shall be accessible to the laboratory to provide onsite, telephone, or electronic consultation as needed, and shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of the clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. (13) A pharmacist, if ordering drug therapy-related laboratory tests in compliance with paragraph (2) of subdivision (a) of Section 4052.1 or paragraph (2) of subdivision (a) of Section 4052.2. (c) Notwithstanding subdivision (b) of Section 1206, no person shall perform clinical laboratory tests or examinations classified as of high complexity under CLIA unless the clinical laboratory test or examination is performed under the overall operation and administration of the laboratory director, as described in Section 1209, including, but not limited to, documentation by the laboratory director of the adequacy of the qualifications and competency of the personnel, and the test is performed by any of the following persons: (1) A licensed physician and surgeon holding a M.D. or D.O. degree. (2) A licensed podiatrist or a licensed dentist if the results of the tests can be lawfully utilized within their practice. (3) A person licensed under this chapter to engage in clinical laboratory practice or to direct a clinical laboratory if the test or examination is within a specialty or subspecialty authorized by the person’s licensure. (4) A person authorized to perform tests pursuant to a certificate issued under Article 5 (commencing with Section 101150) of Chapter 2 of Part 3 of Division 101 of the Health and Safety Code if the test or examination is within a specialty or subspecialty authorized by the person’s certification. (5) A licensed physician assistant if authorized by a supervising physician and surgeon in accordance with Section 3502 or 3535. (6) A perfusionist if authorized by and performed in compliance with Section 2590. (7) A respiratory care practitioner if authorized by and performed in compliance with Chapter 8.3 (commencing with Section 3700). (8) A person performing nuclear medicine technology if authorized by and performed in compliance with Article 6 (commencing with Section 107150) of Chapter 4 of Part 1 of Division 104 of the Health and Safety Code. (9) Any person if performing blood gas analysis in compliance with Section 1245. (10) Any other person within a physician office laboratory if the test is performed under the onsite supervision of the patient’s physician and surgeon or podiatrist who shall: (A) ensure that the person is performing test methods as required for accurate and reliable tests; and (B) have personal knowledge of the results of clinical laboratory testing or examination performed by that person before the test results are reported from the laboratory. (d) Clinical laboratory examinations classified as provider-performed microscopy under CLIA may be personally performed using a brightfield or phase/contrast microscope by one of the following practitioners: (1) A licensed physician and surgeon using the microscope during the patient’s visit on a specimen obtained from their own patient or from a patient of a group medical practice of which the physician is a member or employee. (2) A nurse practitioner practicing pursuant to Section 2837.103 or 2837.104 using the microscope during the patient’s visit on a specimen obtained from their own patient or from a patient of a group nurse practitioner practice of which the nurse practitioner is a member or employee. (3) A nurse midwife holding a certificate as specified by Section 2746.5, a licensed nurse practitioner as specified in Section 2835.5, or a licensed physician assistant acting under the supervision of a physician pursuant to Section 3502 using the microscope during the patient’s visit on a specimen obtained from their own patient or from the patient of a clinic, group medical practice, or other health care provider of which the certified nurse midwife, licensed nurse practitioner, or licensed physician assistant is an employee. (4) A licensed dentist using the microscope during the patient’s visit on a specimen obtained from their own patient or from a patient of a group dental practice of which the dentist is a member or an employee. (Amended by Stats. 2022, Ch. 413, Sec. 1. (AB 2684) Effective January 1, 2023.)
  105. 1206.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    A pharmacist at a community pharmacy is exempt from subdivision (a) of Section 1206.5 when only certain waived blood tests are done at the customer’s request and specific federal and state requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1206.6. Subdivision (a) of Section 1206.5 shall not apply to a pharmacist at a community pharmacy who, upon customer request, performs only blood glucose, hemoglobin A1c, or cholesterol tests that are classified as waived under CLIA and are approved by the federal Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit, provided that all of the following requirements are satisfied: (a) The pharmacy obtains a valid CLIA certificate of waiver and complies with all other requirements for the performance of waived clinical laboratory tests under applicable federal regulations. For purposes of CLIA, the person identified as responsible for directing and supervising testing oversight and decisionmaking shall be the pharmacist-in-charge, as defined in Section 4036.5. (b) The pharmacy obtains a registration from the department pursuant to Section 1265 and complies with this chapter. (c) The tests are performed only by a pharmacist, as defined in Section 4036, in the course of performing routine patient assessment procedures in compliance with Section 4052.4. (Added by Stats. 2012, Ch. 874, Sec. 2. (SB 1481) Effective January 1, 2013.)
  106. 1206.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    A person may do SARS-CoV-2 sample analysis in a clinical laboratory if CLIA high-complexity testing requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1206.7. (a) Notwithstanding Section 1206.5, a person may perform an analysis of samples to test for SARS-CoV-2, the virus that causes COVID-19, in a clinical laboratory if they meet the requirements under the Clinical Laboratory Improvement Amendments in Section 493.1489 of Title 42 of the Code of Federal Regulations for high complexity testing. (b) This section shall remain in effect only until July 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 276, Sec. 1. (AB 1341) Effective September 30, 2023. Repealed as of July 1, 2028, by its own provisions.)
  107. 1207.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines several clinical laboratory specialist titles and limits what licensed people in those roles may do.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1207. (a) As used in this chapter, “clinical chemist,” “clinical microbiologist,” “clinical toxicologist,” “clinical genetic molecular biologist,” “clinical cytogeneticist,” “clinical laboratory geneticist,” “clinical reproductive biologist,” or “oral and maxillofacial pathologist” means a person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to the person’s area of specialization or to direct a clinical laboratory, or portion thereof, limited to their area of specialization. A licensed person who is qualified under CLIA may perform clinical laboratory tests or examinations classified as of high complexity under CLIA, and the duties and responsibilities of a laboratory director, technical consultant, clinical consultant, technical supervisor, and general supervisor, as specified under CLIA, limited to their area of specialty or subspecialty as described in subdivision (b), and shall only direct a clinical laboratory providing service within those specialties or subspecialties. A person licensed as a “clinical chemist,” “clinical microbiologist,” “clinical toxicologist,” “clinical genetic molecular biologist,” “clinical cytogeneticist,” “clinical laboratory geneticist,” “clinical reproductive biologist,” or “oral and maxillofacial pathologist” may perform any clinical laboratory test or examination classified as waived or of moderate complexity under CLIA. (b) The specialty or subspecialty for each of the limited license categories identified in subdivision (a), and the clinical laboratories that may be directed by persons licensed in each of those categories, are the following: (1) For a person licensed under this chapter as a clinical chemist, the specialty of chemistry and the subspecialties of routine chemistry, endocrinology, clinical microscopy, toxicology, or other specialty or subspecialty specified by regulation adopted by the department. (2) For a person licensed under this chapter as a clinical microbiologist, the specialty of microbiology and the subspecialties of bacteriology, mycobacteriology, mycology, parasitology, virology, molecular biology, and serology for diagnosis of infectious diseases, or other specialty or subspecialty specified by regulation adopted by the department. (3) For a person licensed under this chapter as a clinical toxicologist, the subspecialty of toxicology within the specialty of chemistry or other specialty or subspecialty specified by regulation adopted by the department. (4) For a person licensed under this chapter as a clinical genetic molecular biologist, the subspecialty of molecular biology related to diagnosis of human genetic abnormalities within the specialty of genetics or other specialty or subspecialty specified by regulation adopted by the department. (5) For a person licensed under this chapter as a clinical cytogeneticist, the subspecialty of cytogenetics within the specialty of genetics or other specialty or subspecialty specified by regulation adopted by the department. (6) For a person licensed under this chapter as a clinical laboratory geneticist, the subspecialties of molecular biology related to diagnosis of human genetic abnormalities, cytogenetics, biochemical genetics, or laboratory genetics within the specialty of genetics, or other specialty or subspecialty specified by regulation adopted by the department. (7) For a person licensed under this chapter as a clinical reproductive biologist, the specialty of reproductive biology and the subspecialties of andrology and embryology related to diagnostic testing for management of primary and secondary infertility, fertility assessment, and fertility preservation, as well as the evaluation and assessment of gametes, embryos, and their associated fluids and tissues, or other specialty or subspecialty specified by regulation adopted by the department. (8) For a person licensed under this chapter as an oral and maxillofacial pathologist, the subspecialty of oral pathology within the specialty of pathology or other specialty or subspecialty specified by regulation adopted by the department. (Amended by Stats. 2022, Ch. 473, Sec. 5. (SB 1267) Effective January 1, 2023.)
  108. 1208.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    The department must adopt regulations when it decides a new license category or modification is needed, and it must publish notice about certain CLIA regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1208. (a) For the purposes of this chapter whenever the department determines that a new category of license is necessary, either to direct a laboratory, or to perform clinical laboratory tests or examinations in specific specialties or subspecialties, or that the specialties or subspecialties authorized under an existing license category should be modified, it shall adopt regulations identifying the license category or modification, the education, training, and examination necessary to obtain the license, and the specialty or subspecialty, or both, included within the new license category, or within the existing category as modified. (b) Any CLIA regulation adopted by HCFA as a final rule after January 1, 1994, shall be evaluated by the department in consultation with the multidisciplinary committee appointed pursuant to Section 1228. Any new federal regulation that is deemed by the department to be equivalent to or more stringent than California laws or regulations, shall become effective by operation of law as a regulation adopted under this chapter, 90 days after adoption by HCFA and the department publishes the notice required by subdivision (c), or on January 1, 1996, whichever is later. After publishing the notice required by subdivision (c), any new federal regulation deemed by the department to be less stringent than current California law or regulation shall be noticed by the department as a comparable state regulation for a rulemaking proceeding in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, which shall result in the adoption, amendment, or rejection of that noticed state regulation. (c) The department shall publish a notice in the California Regulatory Notice Register indicating that a CLIA regulation has been adopted by HCFA as a final rule. The notice shall include the citation to the Federal Register or the Code of Federal Regulations for the CLIA regulation. The notice shall also include the department’s determination regarding whether the regulation is more stringent, equivalent to, or less stringent than current California law or regulation. (Amended by Stats. 1995, Ch. 510, Sec. 8. Effective January 1, 1996.)
  109. 1209.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines who can be a laboratory director and sets qualifications and oversight duties for laboratory directors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1209. (a) As used in this chapter, “laboratory director” means any person who is any of the following: (1) A duly licensed physician and surgeon. (2) Only for purposes of a clinical laboratory test or examination classified as waived, except as provided in paragraph (G), is any of the following: (A) A duly licensed clinical laboratory scientist. (B) A duly licensed limited clinical laboratory scientist. (C) A duly licensed naturopathic doctor. (D) A duly licensed optometrist serving as the director of a laboratory that only performs clinical laboratory tests authorized in clause (ii) of subparagraph (E) of paragraph (5) of subdivision (a) of Section 3041. (E) A duly licensed dentist serving as the director of a laboratory that performs only clinical laboratory tests authorized within the scope of practice of dentistry as delineated under Section 1625. (F) A pharmacist-in-charge of a pharmacy serving as the director of a laboratory that only performs tests waived pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. Sec. 263a), as authorized by the Pharmacy Law (Chapter 9 (commencing with Section 4000)). (G) A certified nurse-midwife serving as the director of a laboratory that only performs clinical laboratory tests classified as waived or provider-performed microscopy authorized within the scope of the certificate to practice nurse-midwifery as specified in Section 2746.5. (3) Licensed to direct a clinical laboratory under this chapter. (b) (1) A person defined in paragraph (1) or (3) of subdivision (a) who is identified as the CLIA laboratory director of a laboratory that performs clinical laboratory tests classified as moderate or high complexity shall also meet the laboratory director qualifications under CLIA for the type and complexity of tests being offered by the laboratory. (2) As used in this subdivision, “CLIA laboratory director” means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). (c) The laboratory director, if qualified under CLIA, may perform the duties of the technical consultant, technical supervisor, clinical consultant, general supervisor, and testing personnel, or delegate these responsibilities to persons qualified under CLIA. If the laboratory director reapportions performance of those responsibilities or duties, they shall remain responsible for ensuring that all those duties and responsibilities are properly performed. (d) (1) The laboratory director is responsible for the overall operation and administration of the clinical laboratory, including administering the technical and scientific operation of a clinical laboratory, the selection and supervision of procedures, the reporting of results, and active participation in its operations to the extent necessary to ensure compliance with this act and CLIA. They shall be responsible for the proper performance of all laboratory work of all subordinates and shall employ a sufficient number of laboratory personnel with the appropriate education and either experience or training to provide appropriate consultation, properly supervise and accurately perform tests, and report test results in accordance with the personnel qualifications, duties, and responsibilities described in CLIA and this chapter. (2) Where a point-of-care laboratory testing device is utilized and provides results for more than one analyte, the testing personnel may perform and report the results of all tests ordered for each analyte for which they have been found by the laboratory director to be competent to perform and report. (e) As part of the overall operation and administration, the laboratory director of a registered laboratory shall document the adequacy of the qualifications (educational background, training, and experience) of the personnel directing and supervising the laboratory and performing the laboratory test procedures and examinations. In determining the adequacy of qualifications, the laboratory director shall comply with any regulations adopted by the department that specify the minimum qualifications for personnel, in addition to any CLIA requirements relative to the education or training of personnel. (f) As part of the overall operation and administration, the laboratory director of a licensed laboratory shall do all of the following: (1) Ensure that all personnel, prior to testing biological specimens, have the appropriate education and experience, receive the appropriate training for the type and complexity of the services offered, and have demonstrated that they can perform all testing operations reliably to provide and report accurate results. In determining the adequacy of qualifications, the laboratory director shall comply with any regulations adopted by the department that specify the minimum qualifications for, and the type of procedures that may be performed by, personnel in addition to any CLIA requirements relative to the education or training of personnel. Any regulations adopted pursuant to this section that specify the type of procedure that may be performed by testing personnel shall be based on the skills, knowledge, and tasks required to perform the type of procedure in question. (2) Ensure that policies and procedures are established for monitoring individuals who conduct preanalytical, analytical, and postanalytical phases of testing to ensure that they are competent and maintain their competency to process biological specimens, perform test procedures, and report test results promptly and proficiently, and, whenever necessary, identify needs for remedial training or continuing education to improve skills. (3) Specify in writing the responsibilities and duties of each individual engaged in the performance of the preanalytic, analytic, and postanalytic phases of clinical laboratory tests or examinations, including which clinical laboratory tests or examinations the individual is authorized to perform, whether supervision is required for the individual to perform specimen processing, test performance, or results reporting, and whether consultant, supervisor, or director review is required prior to the individual reporting patient test results. (g) The competency and performance of staff of a licensed laboratory shall be evaluated and documented by the laboratory director, or by a person who qualifies as a technical consultant or a technical supervisor under CLIA depending on the type and complexity of tests being offered by the laboratory. (1) The procedures for evaluating the competency of the staff shall include, but are not limited to, all of the following: (A) Direct observations of routine patient test performance, including patient preparation, if applicable, and specimen handling, processing, and testing. (B) Monitoring the recording and reporting of test results. (C) Review of intermediate test results or worksheets, quality control records, proficiency testing results, and preventive maintenance records. (D) Direct observation of performance of instrument maintenance and function checks. (E) Assessment of test performance through testing previously analyzed specimens, internal blind testing samples, or external proficiency testing samples. (F) Assessment of problem solving skills. (2) Evaluation and documentation of staff competency and performance shall occur at least semiannually during the first year an individual tests biological specimens. Thereafter, evaluations shall be performed at least annually unless test methodology or instrumentation changes, in which case, prior to reporting patient test results, the individual’s performance shall be reevaluated to include the use of the new test methodology or instrumentation. (h) The laboratory director of each clinical laboratory of an acute care hospital shall be a physician and surgeon who is a qualified pathologist, except as follows: (1) If a qualified pathologist is not available, a physician and surgeon or a clinical laboratory bioanalyst qualified as a laboratory director under subdivision (a) may direct the laboratory. However, a qualified pathologist shall be available for consultation at suitable intervals to ensure high-quality service. (2) If there are two or more clinical laboratories of an acute care hospital, those additional clinical laboratories that are limited to the performance of blood gas analysis, blood electrolyte analysis, or both, may be directed by a physician and surgeon qualified as a laboratory director under subdivision (a), irrespective of whether a pathologist is available. As used in this subdivision, a qualified pathologist is a physician and surgeon certified or eligible for certification in clinical or anatomical pathology by the American Board of Pathology or the American Osteopathic Board of Pathology. (i) Subdivision (h) does not apply to any director of a clinical laboratory of an acute care hospital acting in that capacity on or before January 1, 1988. (j) A laboratory director may serve as the director of up to the maximum number of laboratories stipulated by CLIA, as defined under Section 1202.5. (Amended by Stats. 2023, Ch. 497, Sec. 1. (SB 667) Effective January 1, 2024.)
  110. 1209.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “histocompatibility laboratory director” and sets qualification and testing requirements for licensure, including an examination requirement for certain applicants after January 1, 2007.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1209.1. (a) As used in this chapter, “histocompatibility laboratory director” means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is qualified pursuant to Sections 1203 and 1209, or a person who has earned a doctoral degree in a biological science, who has completed, subsequent to graduation, four years of experience in immunology, two of which have been in histocompatibility testing. (b) On and after January 1, 2007, in order to be eligible for licensure as a histocompatibility laboratory director, an applicant who is not a duly licensed physician and surgeon or a duly licensed bioanalyst shall provide evidence of satisfactory performance on a written examination in histocompatibility administered by the American Board of Histocompatibility and Immunogenetics, and have demonstrated satisfactory performance on an oral examination administered by the department regarding this chapter and Part 493 (commencing with Section 493.1) of Subchapter G of Chapter IV of Title 42 of the Code of Federal Regulations. (c) A person licensed under Section 1260.1 as a histocompatibility laboratory director and qualified under CLIA may perform clinical laboratory tests or examinations classified as of high complexity under CLIA and the duties and responsibilities of a laboratory director, technical consultant, clinical consultant, technical supervisor, and general supervisor, as specified under CLIA, in the specialty of histocompatibility, immunology, or other specialty or subspecialty specified by regulation adopted by the department. A person licensed as a “histocompatibility laboratory director” may perform any clinical laboratory test or examination classified as waived or of moderate complexity under CLIA. (Amended by Stats. 2006, Ch. 319, Sec. 1. Effective January 1, 2007.)
  111. 1209.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines autoverification and requires the laboratory director or authorized designee to set, validate, and document the criteria, with annual revalidation. The director must also approve and reapprove the computer algorithm.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1209.5. (a) “Autoverification” means the use of a computer algorithm in conjunction with automated clinical laboratory instrumentation to review and verify the results of a clinical laboratory test or examination for accuracy and reliability. (b) The laboratory director or authorized designee shall establish, validate, and document explicit criteria by which the clinical laboratory test or examination results are autoverified. (c) The laboratory director or authorized designee shall annually revalidate the explicit criteria by which the clinical laboratory test or examination results are autoverified. The laboratory director shall approve and annually reapprove the computer algorithm. (d) An authorized designee may be appointed by the laboratory director for the purposes of this section. The authorized designee shall be licensed to engage in clinical laboratory practice pursuant to this chapter and shall be qualified as a clinical consultant, technical supervisor, general supervisor, or technical consultant pursuant to regulations adopted by the department. (e) A person licensed to perform the applicable type and complexity of testing pursuant to Section 1206.5 shall be physically present onsite in the clinical laboratory and shall have documented competency pursuant to Section 1209 in all tests being autoverified, and shall be responsible for the accuracy and reliability of the results of the clinical laboratory test or examination when the results are autoverified and reported. (Amended by Stats. 2007, Ch. 61, Sec. 1. Effective July 12, 2007.)
  112. 121.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A licensee who timely renews before expiration is not treated as illegally practicing while waiting for proof of renewal, if the delay is not the applicant’s fault.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 121. No licensee who has complied with the provisions of this code relating to the renewal of the licensee’s license prior to expiration of such license shall be deemed to be engaged illegally in the practice of the licensee’s business or profession during any period between such renewal and receipt of evidence of such renewal which may occur due to delay not the fault of the applicant. As used in this section, “license” includes “certificate,” “permit,” “authorization,” and “registration,” or any other indicia giving authorization, by any agency, board, bureau, commission, committee, or entity within the Department of Consumer Affairs, to engage in a business or profession regulated by this code or by the board referred to in the Chiropractic Act or the Osteopathic Act. (Amended by Stats. 2019, Ch. 351, Sec. 24. (AB 496) Effective January 1, 2020.)
  113. 121.5.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Delinquency fees and accrued renewal fees do not apply to expired licenses or registrations that have been lawfully designated inactive or retired, unless the code otherwise provides.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 121.5. Except as otherwise provided in this code, the application of delinquency fees or accrued and unpaid renewal fees for the renewal of expired licenses or registrations shall not apply to licenses or registrations that have lawfully been designated as inactive or retired. (Added by Stats. 2001, Ch. 435, Sec. 1. Effective January 1, 2002.)
  114. 1210.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines several clinical laboratory scientist license categories and limits what licensed persons may do.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1210. (a) As used in this chapter, “clinical chemist scientist,” “clinical microbiologist scientist,” “clinical toxicologist scientist,” “clinical immunohematologist scientist,” “clinical genetic molecular biologist scientist,” “clinical cytogeneticist scientist,” “clinical laboratory geneticist scientist,” “clinical reproductive biologist scientist,” and “clinical histocompatibility scientist” means a person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261.5, and 1262 to engage in clinical laboratory practice. The licensed person who is qualified under CLIA may perform clinical laboratory tests classified as of high complexity under CLIA and the duties and responsibilities of a technical consultant, clinical consultant, technical supervisor, and general supervisor limited to the specialty or subspecialty as identified in subdivision (b) for which the person is licensed by the department. A person licensed as a “clinical chemist scientist,” “clinical microbiologist scientist,” “clinical toxicologist scientist,” “clinical immunohematologist scientist,” “clinical genetic molecular biologist scientist,” “clinical cytogeneticist scientist,” “clinical laboratory geneticist scientist,” “clinical reproductive biologist scientist,” or a “clinical histocompatibility scientist” may perform any clinical laboratory test or examination classified as waived or of moderate complexity under CLIA. (b) The specialties and subspecialties included in each of the license categories identified in subdivision (a), are the following: (1) For a person licensed under this chapter as a clinical chemist scientist, the specialty of chemistry and the subspecialties of routine chemistry, endocrinology, clinical microscopy, toxicology, or other specialty or subspecialty specified by regulation adopted by the department. (2) For a person licensed under this chapter as a clinical microbiologist scientist, the specialty of microbiology and the subspecialties of bacteriology, mycobacteriology, mycology, parasitology, virology, or molecular biology and serology for diagnosis of infectious diseases, or other specialty or subspecialty specified by regulation adopted by the department. (3) For a person licensed under this chapter as a clinical toxicologist scientist, the subspecialty of toxicology within the specialty of chemistry or other specialty or subspecialty specified by regulation adopted by the department. (4) For a person licensed under this chapter as a clinical genetic molecular biologist scientist, the subspecialty of molecular biology related to the diagnosis of human genetic abnormalities within the specialty of genetics, or other specialty or subspecialty specified by regulation adopted by the department. (5) For a person licensed under this chapter as a clinical cytogeneticist scientist, the subspecialty of cytogenetics within the specialty of genetics or other specialty or subspecialty specified by regulation adopted by the department. (6) For a person licensed under this chapter as a clinical laboratory geneticist scientist, the subspecialties of molecular biology related to diagnosis of human genetic abnormalities, cytogenetics, biochemical genetics, or laboratory genetics within the specialty of genetics or other specialty or subspecialty specified by regulation adopted by the department. (7) For a person licensed under this chapter as a clinical reproductive biologist scientist, the specialty of reproductive biology and the subspecialties of andrology and embryology related to diagnostic testing for management of primary and secondary infertility, fertility assessment, and fertility preservation, as well as the evaluation and assessment of gametes, embryos, and their associated fluids and tissues, or other specialty or subspecialty specified by regulation adopted by the department. (8) For a person licensed under this chapter as a clinical immunohematologist scientist, the specialty of immunohematology or other specialty or subspecialty specified by regulation adopted by the department. (9) For a person licensed under this chapter as a clinical histocompatibility scientist, the specialty of histocompatibility or other specialty or subspecialty specified by regulation adopted by the department. (c) Clinical chemist scientists, clinical microbiologist scientists, clinical toxicologist scientists, clinical immunohematologist scientists, clinical genetic molecular biologist scientists, clinical cytogeneticist scientists, clinical laboratory geneticist scientists, clinical reproductive biologist scientists, and clinical histocompatibility scientists shall engage in clinical laboratory practice authorized by their licensure only under the overall operation and administration of a laboratory director. (d) A person licensed under this chapter as a clinical genetic molecular biologist scientist may use molecular biology techniques to perform a clinical laboratory test or examination for the detection of any disease affecting humans. (Amended by Stats. 2022, Ch. 956, Sec. 1.5. (AB 2107) Effective September 30, 2022. Operative January 1, 2023, pursuant to Sec. 2 of Stats. 2022, Ch. 956.)
  115. 12100.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The Department of Food and Agriculture has general supervision over weights and measures and weighing and measuring devices sold or used in the state, unless another law provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12100. Where not otherwise provided by law, the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state. (Amended by Stats. 1989, Ch. 246, Sec. 3.)
  116. 12101.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must investigate conditions in counties and cities about weights and measures and the sale of goods and foodstuffs in containers.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12101. The department shall investigate conditions in the various counties and cities in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers. (Added by Stats. 1939, Ch. 43.)
  117. 12102.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must report annually to the Governor, report before each regular session to the Legislature, and make recommendations as needed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12102. The department shall annually report to the Governor, and shall prior to each regular session report to the Legislature the work under this division, and shall make such recommendations as may be proper and necessary. (Added by Stats. 1939, Ch. 43.)
  118. 12103.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must keep complete records of its acts, prosecutions, and sealers’ reports, and those records must be open to the public.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12103. The department shall keep a complete record of all of its acts, a record of prosecutions, and the reports of the various sealers. These records and reports shall be open to the public. (Added by Stats. 1939, Ch. 43.)
  119. 12103.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary and each sealer, under the secretary’s supervision and direction, must enforce this division and carry out its requirements.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12103.5. The duty of enforcing this division and carrying out its provisions and requirements is vested in the secretary and in each sealer acting under the supervision and direction of the secretary. (Amended by Stats. 2017, Ch. 573, Sec. 47. (SB 800) Effective January 1, 2018.)
  120. 12104.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must issue instructions and recommendations to county sealers, and the secretary must develop county enforcement priorities jointly with them.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12104. (a) The department shall issue instructions and make recommendations to the county sealers, and the instructions and recommendations shall govern the procedure to be followed by these officers in the discharge of their duties. (b) Instructions and recommendations that are made to ensure statewide weights and measures protection shall include a local administration cost analysis utilizing data provided by the county sealer. The cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The secretary shall develop, jointly with the county sealers, county priorities for the enforcement programs and activities of the secretary. (Amended by Stats. 2013, Ch. 275, Sec. 3. (AB 1420) Effective January 1, 2014.)
  121. 12104.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary may give each county an annual allocation for weights and measures programs, subject to a cap tied to prior county spending.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12104.5. The secretary may allocate annually to each county an amount determined by the secretary not to exceed one-third of the amount expended by the county pursuant to this division during the previous fiscal year for weights and measures programs. The allocation shall be made from funds appropriated to the secretary for the administration and enforcement of this division at the local level. (Amended by Stats. 2012, Ch. 661, Sec. 23. (SB 1576) Effective January 1, 2013.)
  122. 12105.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must inspect the work of local sealers at a frequency set by the secretary, and it may inspect certain weights and measuring devices used by any person.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12105. The department shall, at a frequency determined by the secretary, inspect the work of the local sealers and may inspect the weights, measures, balances, or any other weighing or measuring devices of any person. (Amended by Stats. 2012, Ch. 661, Sec. 24. (SB 1576) Effective January 1, 2013.)
  123. 12106.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The department must test certain scales, weights, and measures in state institutions at least once a year, and more often if requested, and must report its findings in writing to the institution’s executive officer.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12106. The department shall, at least once annually and as often as requested by the Department of General Services or the executive officer of a state institution, test the scales, weights and measures used in checking the receipt and disbursement of supplies in any state institution, and shall report in writing its findings to the executive officer of the institution concerned. (Amended by Stats. 1965, Ch. 371.)
  124. 12106.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary may accept another state’s testing and sealing of weighing and measuring devices if California’s requirements have been met.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12106.5. The secretary may accept the testing and sealing of weighing and measuring devices by another state upon a finding that the requirements of California for testing and sealing such devices have been met. (Amended by Stats. 2012, Ch. 661, Sec. 25. (SB 1576) Effective January 1, 2013.)
  125. 12107.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary must set tolerances, specifications, and other technical requirements for commercial weighing and measuring, and must adopt the latest Handbook 44 standards by reference unless the secretary modifies, amends, or rejects them by regulation. The secretary may also set standards for devices not covered by Handbook 44. Anyone who violates the rules or standards established under this section commits an unlawful act.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12107. The secretary shall establish tolerances and specifications and other technical requirements for commercial weighing and measuring. In doing so, the secretary shall adopt, by reference, the latest standards as recommended by the National Council on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44 “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices,” except as specifically modified, amended, or rejected by regulation adopted by the secretary. The secretary may, by regulation, establish tolerances and specifications for commercial weighing and measuring devices not included in Handbook 44. Any regulation shall be adopted, amended, or repealed in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. It shall be unlawful for any person to violate any of the rules, regulations, tolerances, specifications, or standards established under this section. (Amended by Stats. 2025, Ch. 592, Sec. 27. (SB 861) Effective January 1, 2026.)
  126. 12107.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary may set standards for a commodity’s net weight, net measure, or net count by regulation, except for manufactured commodities with four or more staple ingredients. If a standard has been set, selling the commodity above or below that standard is unlawful.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12107.1. The secretary, by regulation, may establish a standard or standards of net weight or net measure, or net count of any commodity, except any manufactured commodity consisting of four or more staple ingredients. These standards, whenever applicable, shall be based upon published, official federal or state specifications and requirements or, in the absence of any published official specifications, upon established and accepted common usage. Any regulation shall be adopted, amended, or repealed in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Whenever a standard, net weight, net measure, or net count has been established for any commodity, it is unlawful to sell the commodity by, at, or for a quantity greater or less than the standard. (Amended by Stats. 2012, Ch. 661, Sec. 27. (SB 1576) Effective January 1, 2013.)
  127. 12108.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. )

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    The secretary may arrange for a county sealer’s services on a collaborative basis and may allow reasonable compensation and expenses for those services.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 1. State Administration [12100 - 12108] ( Article 1 added by Stats. 1939, Ch. 43. ) ## 12108. The secretary may arrange for the services of a sealer employed in a county on a collaborative basis and allow reasonable compensation and expenses for the purpose of performing services not already within his or her duties and that are subject to administration or enforcement by the department under the provisions of this code or of the Food and Agricultural Code. (Amended by Stats. 2012, Ch. 661, Sec. 28. (SB 1576) Effective January 1, 2013.)
  128. 1211.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    This section defines key terms for clinical laboratory ownership, control, ownership changes, location/name changes, and laboratory director changes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1211. (a) As used in this chapter, “owner” means any person with an ownership or control interest in a clinical laboratory. (b) “Person with an ownership or control interest” means a person, partnership, or corporation that meets any of the following descriptions: (1) Has an ownership interest totaling 5 percent or more in a clinical laboratory. (2) Has an indirect ownership interest equal to 5 percent or more in a clinical laboratory. (3) Has a combination of direct and indirect ownership interests equal to 5 percent or more in a clinical laboratory. (4) Owns an interest of 5 percent or more in any mortgage, deed of trust, note, or other obligation secured by the clinical laboratory if that interest equals at least 5 percent of the value of the property or assets of the clinical laboratory. (5) Is an officer or director of a clinical laboratory that is organized as a corporation. (6) Is a partner in a clinical laboratory that is organized as a partnership with no more than 25 partners, general or limited. (7) Is a partner who exercises any operational or managerial control over a clinical laboratory organized as a partnership with more than 25 partners, general or limited. (c) As used in this chapter “ownership interest” means the possession of equity in capital, stock, or profits. (d) “Indirect ownership interest” means an ownership interest in an entity that has an ownership interest in a clinical laboratory, and includes an ownership interest in any entity that has an indirect ownership interest in a clinical laboratory. (e) “Change in ownership” means any change in the persons who are owners. (f) “Major change in ownership” means a change in ownership where 50 percent or more of the ownership interest is owned by persons other than the owners to whom the current clinical laboratory license or registration is issued. (g) “Change in name” means any change in the name under which the laboratory operates or is doing business. (h) “Change in location” means any change in the street and city address, or the site or place within the street and city address, for which a license or registration is issued. (i) “Change in laboratory director” means any change in the laboratory director or directors to whom the current license or registration is issued. (j) “Major change in laboratory directorship” means a change in laboratory director or directors resulting in the situation where less than 50 percent of the laboratory directors to whom the current laboratory license or registration is issued remain after the change. (k) For purposes of this section, in the case of a pharmacy that applies for a registration pursuant to Section 1206.6, “laboratory director” means the pharmacist-in-charge identified pursuant to subdivision (a) of Section 1206.6. (Amended by Stats. 2012, Ch. 874, Sec. 3. (SB 1481) Effective January 1, 2013.)
  129. 1211.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    This section defines “cytological slides” as cellular materials submitted for preliminary cytologic examination.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1211.5. For the purposes of this chapter, “cytological slides” shall refer to cellular materials submitted for preliminary cytologic examination. (Added by Stats. 1989, Ch. 927, Sec. 1.5.)
  130. 1212.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “unlicensed laboratory personnel” and excludes authorized persons from that definition when they perform authorized clinical laboratory work.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1212. (a) As used in this chapter, “unlicensed laboratory personnel” means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. (b) Any person who is authorized under California law or regulation to perform a clinical laboratory test or examination, or to engage in clinical laboratory practice, shall not come within the definition of “unlicensed laboratory personnel” when performing the clinical laboratory test or examination or engaging in the clinical laboratory practice authorized. (Amended by Stats. 1995, Ch. 510, Sec. 13. Effective January 1, 1996.)
  131. 1213.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

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    This section defines “school” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1213. As used in this chapter, “school” means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. (Added by renumbering Section 1208 (as added by Stats. 1970, Ch. 1377) by Stats. 1971, Ch. 438.)
  132. 1214.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    This section defines “health fair” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 1. Definitions [1200 - 1214] ( Article 1 added by Stats. 1951, Ch. 1727. ) ## 1214. As used in this chapter, “health fair” means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. (Added by Stats. 2004, Ch. 450, Sec. 2. Effective January 1, 2005.)
  133. 122.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The department and related boards may charge a fee for duplicate licensure documents, but the fee cannot be more than $25.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 122. Except as otherwise provided by law, the department and each of the boards, bureaus, committees, and commissions within the department may charge a fee for the processing and issuance of a duplicate copy of any certificate of licensure or other form evidencing licensure or renewal of licensure. The fee shall be in an amount sufficient to cover all costs incident to the issuance of the duplicate certificate or other form but shall not exceed twenty-five dollars ($25). (Added by Stats. 1986, Ch. 951, Sec. 1.)
  134. 1220.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    Clinical laboratories must keep adequate records, equipment, and facilities, follow CLIA-linked testing and quality-control requirements, and allow department/HCFA oversight.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1220. (a) (1) Each clinical laboratory shall maintain records, equipment, and facilities that are adequate and appropriate for the services rendered. (2) (A) Except for tests or examinations classified as waived under CLIA, each clinical laboratory shall enroll, and demonstrate successful participation, as defined under CLIA, for each specialty and subspecialty in which it performs clinical laboratory tests or examinations, in a proficiency testing program approved by the department or by HCFA, to the same extent as required by CLIA in Subpart H (commencing with Section 493.801) of Title 42 of the Code of Federal Regulations. This requirement shall not be interpreted to prohibit a clinical laboratory from performing clinical laboratory tests or examinations in a specialty or subspecialty for which there is no department or HCFA approved proficiency testing program. (B) Each clinical laboratory shall authorize its proficiency test results to be reported to the department in an electronic format that is compatible with the department’s proficiency testing data monitoring system and shall authorize the release of proficiency tests results to the public to the same extent required by CLIA. (b) Each clinical laboratory shall be conducted, maintained, and operated without injury to the public health. (c) (1) The department shall conduct inspections of licensed clinical laboratories no less than once every two years. The department shall maintain a record of those inspections and shall ensure that every licensed clinical laboratory in California is inspected at least that often. (2) Registered clinical laboratories shall not be routinely inspected by the department. (3) The department shall conduct an investigation of complaints received concerning any clinical laboratory, which may include an inspection of the laboratory. (4) Each licensed or registered clinical laboratory shall be subject to inspections by HCFA or HCFA agents, as defined by CLIA, as a condition of licensure or registration. (d) (1) Each clinical laboratory shall perform all clinical laboratory tests or examinations classified as waived under CLIA in conformity with the manufacturer’s instructions. (2) Except for those clinical laboratories performing only tests or examinations classified as waived under CLIA, each clinical laboratory shall establish and maintain all of the following: (A) A patient test management system that meets the standards of CLIA in Subpart J (commencing with Section 493.1100) of Title 42 of the Code of Federal Regulations. (B) A quality control program that meets the requirements of CLIA in Subpart K (commencing with Section 493.1200) of Title 42 of the Code of Federal Regulations as in effect on January 1, 2015, and that may include the clinical laboratory’s use of the following alternative quality control testing procedures recognized by the federal Centers for Medicare and Medicaid Services (CMS): (i) Until December 31, 2015, equivalent quality control procedures. (ii) Commencing January 1, 2016, an Individualized Quality Control Plan, as incorporated in Appendix C of the State Operations Manual adopted by CMS. (C) A comprehensive quality assurance program that meets the standards of CLIA in Subpart P (commencing with Section 493.1701) of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2015, Ch. 18, Sec. 2. (SB 75) Effective June 24, 2015.)
  135. 1220.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The Department of Health Services must create and supply a triplicate form to licensed clinical laboratories.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1220.5. (a) The Department of Health Services shall develop, and provide to all licensed clinical laboratories, a form in triplicate to be used by employees, agents, and couriers of licensed clinical laboratories to give notice when a specimen storage container has been improperly secured pursuant to Section 681. (b) The three copies of the triplicate form shall each contain instructions so that one copy is to be attached to the unlocked specimen storage container, one copy is mailed to the Department of Consumer Affairs to be forwarded to the appropriate licensing entity pursuant to Section 1288.3, and one copy is kept by the licensed clinical laboratory for its records. (c) This form shall be provided to all licensed clinical laboratories on and after January 1, 2001. (Added by Stats. 1999, Ch. 748, Sec. 2. Effective January 1, 2000.)
  136. 12200.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    Each county has a county sealer of weights and measures, appointed by the board of supervisors unless a chartered county uses a different appointment method.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12200. There is in each county the office of county sealer of weights and measures. The county sealer shall be appointed by the board of supervisors, except in chartered counties where a different method of appointment is prescribed. The term of office of such sealer is four years from and after his appointment and until his successor is appointed but he may be removed as hereinafter provided. In addition to his salary each sealer is entitled to his necessary traveling and other expenses incurred in the performance of his duties. A county sealer may, with the consent of the power appointing him, appoint deputies or inspectors when necessary or expedient to carry out the duties of his office. Such deputies or inspectors shall serve at the pleasure of the county sealer. The sealer may employ such clerks and employees as may be approved by the appointing power. Any such clerk or employee shall not have authority to enforce the provisions of this chapter. A county may in its discretion refer to a deputy county sealer as a weights and measures inspector. (Amended by Stats. 1965, Ch. 83.)
  137. 12201.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    If a county sealer vacancy occurs, the secretary must quickly send licensed names to the appointing power; if no appointment is made within 60 days, the secretary must appoint a county sealer from that list. A Deputy State Sealer assigned to a county must be appointed as that county’s sealer, receive a county-only license, and become subject to the code.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12201. If from any cause a vacancy occurs in the office of county sealer, the secretary upon learning of the vacancy shall immediately transmit to the board of supervisors or other appointing power a list of persons licensed by him or her for the position. If the appointing power fails to appoint a county sealer within 60 days after the receipt of the list, the secretary shall appoint a county sealer from that list. A person holding the position of Deputy State Sealer shall be appointed the county sealer of weights and measures for, and an employee of, the county to which he or she is assigned. The secretary shall issue to him or her a license that is valid only for the county he or she is serving. He or she shall become subject to this code. (Amended by Stats. 2012, Ch. 661, Sec. 29. (SB 1576) Effective January 1, 2013.)
  138. 12201.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    County sealers, deputy county sealers, inspectors, and clerks are paid from the county treasury, and county sealers, deputy county sealers, and inspectors may receive traveling and incidental expenses for duties performed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12201.1. The salary and other compensation provided for the county sealer, deputy county sealers and inspectors and clerks shall be paid out of the county treasury in the same manner and at the same time as other county officers are paid. The county sealer, deputy county sealers and inspectors shall each be entitled to receive his traveling and incidental expenses incurred in the performance of his duties. (Amended by Stats. 1963, Ch. 1600.)
  139. 12201.2.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    If the sealer position cannot be filled, the secretary must perform the sealer’s duties with the same authority; the county board of supervisors must reimburse the department for the secretary’s expenses.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12201.2. If the position of sealer cannot be filled by the board of supervisors or other appointing power or by the secretary as provided in Section 12201, then it shall be the duty of the secretary to perform the duties of sealer in the same manner, to the same extent, and with the same authority as if he or she had been the duly appointed sealer therein. The board of supervisors of the county shall reimburse the department for all expenses incurred by the secretary in fulfilling his or her responsibilities under the provisions of this section. (Amended by Stats. 2012, Ch. 661, Sec. 30. (SB 1576) Effective January 1, 2013.)
  140. 12202.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    The secretary must examine applicants for county sealer, deputy county sealer, or inspector roles, set examination rules, may create designated inspector categories, may charge exam fees limited to actual cost, and must renew incumbent licenses when they expire without another exam.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12202. (a) The secretary shall cause to be examined persons desiring to become county sealers, deputy county sealers, or inspectors and shall adopt rules and regulations governing these examinations given for the purpose of determining the fitness, experience, and qualifications of candidates for these positions. The secretary may provide for inspectors qualified to be employed in designated categories. Successful candidates shall be given a license that shall be good for five years unless revoked. Licenses of incumbent county sealers, deputy county sealers, or inspectors shall be renewed upon expiration without further examination. (b) The secretary may charge each candidate a fee to cover the actual cost of providing the license examination. (Amended by Stats. 2012, Ch. 661, Sec. 31. (SB 1576) Effective January 1, 2013.)
  141. 12203.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    Most appointments to county sealer, deputy county sealer, or inspector require a license from the secretary, but temporary appointments are allowed in limited fallback situations.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12203. Except as provided in this section, no person shall hereafter be appointed to the office of county sealer, deputy county sealer, or inspector unless he or she has a license issued by the secretary as provided in Section 12202. If there is no person available for the position of county sealer who holds a license, the appointing power may make a temporary appointment of a person recommended in writing by the secretary. If the appointing power does not make a temporary appointment and no person can be appointed from the eligible list by the secretary, then the secretary may make a temporary appointment of a person competent to carry on the duties of the office. Any temporary appointment shall be for a period not exceeding six months or until the next license examination is held. If the position of deputy county sealer or inspector cannot be filled from the lists, a temporary appointment may be made, upon the written recommendation of the secretary for a period not exceeding six months. (Amended by Stats. 2012, Ch. 661, Sec. 32. (SB 1576) Effective January 1, 2013.)
  142. 12204.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    In certain chartered counties, the secretary must issue a license without further examination when the candidate presents proof of passing the examination, and the civil service board or commission may require that license as a minimum qualification.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12204. In chartered counties providing for the civil service examination of sealers, deputy sealers, or inspectors the secretary shall issue a license without further examination upon presentation of a certificate showing the candidate has passed the examination. In these counties the board or commission responsible for the civil service examination may require a license from the secretary as a minimum qualification. (Amended by Stats. 2017, Ch. 573, Sec. 48. (SB 800) Effective January 1, 2018.)
  143. 12205.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    County sealers must attend the annual association meeting and any other meetings required by the department or board of supervisors, and they are entitled to actual and necessary travel expenses for required out-of-county service.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12205. For the purpose of receiving advice on the best and most efficacious methods of performing his or her duties and conducting his or her office, every county sealer serving in a county shall attend the annual meeting of the California Agricultural Commissioners and Sealers Association and other meetings as the department or the board of supervisors requires. The county sealer shall be allowed all actual and necessary traveling expenses incurred while on any service that requires him or her to go outside the county. Those expenses shall be a charge against the county in which the county sealer is employed. (Amended by Stats. 2012, Ch. 661, Sec. 33. (SB 1576) Effective January 1, 2013.)
  144. 12206.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A county sealer appointed by a county or the secretary has jurisdiction throughout the county.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12206. The jurisdiction of a county sealer appointed by a county or the secretary extends over the entire territorial limits of the county. (Amended by Stats. 2017, Ch. 573, Sec. 49. (SB 800) Effective January 1, 2018.)
  145. 12207.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    The department must give each sealer an identification card, set its form, and the sealer must return the card when the sealer’s duties end.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12207. The department shall furnish an identification card to each sealer. The identification card shall be of a form as prescribed by the department and shall be returned to the department by the sealer upon termination of his duties as a sealer. (Added by Stats. 1953, Ch. 87.)
  146. 12209.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A sealer must preserve and safely store copies of the standards of weights and measures, and must file written reports with the department annually and whenever the department requires.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12209. Every sealer shall: (a) Carefully preserve all copies of the standards of weights and measures in his possession; (b) Keep the copies in a safe and suitable place when not actually in use; (c) Annually and at such other times as the department requires file with the department a written report of the work done by him, of the weights, measures, weighing and measuring instruments inspected or tested by him, the result of such inspection, of all prosecutions instituted by him for violations of the provisions of this division and of all other matters and things pertaining to his duties or which may be required by the department. (Added by Stats. 1939, Ch. 43.)
  147. 12209.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A sealer may distribute informational material and prepare public exhibits, but only when directed by the board of supervisors for the purposes stated in the section.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12209.5. Each sealer may, when so directed by the board of supervisors, issue and cause to be distributed to such persons as he may deem proper illustrative material or statements best adapted to insure the correct use of weights and measures and weighing and measuring devices and may prepare exhibits designed to inform the public for its protection of the duties performed by weights and measures officials. (Added by Stats. 1941, Ch. 303.)
  148. 12209.6.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A county sealer may test and certify parking meters in the county, and if a meter is found inaccurate the sealer must notify the owner or operator and may close the meter; meanwhile, anyone may park free in the affected space until it is repaired or replaced.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12209.6. (a) A county sealer may test and certify the accuracy of all parking meters located in the county in which the sealer has jurisdiction, including, but not limited to, parking meters owned or operated by a city, county, or a city and county. (b) If the county sealer determines that a specific parking meter is inaccurate, the sealer shall notify the owner or operator of the meter, may immediately close the meter, and any person may park a vehicle free of charge in the parking space to which the inaccurate meter corresponds until the owner or operator replaces or repairs the inaccurate parking meter. (c) For purposes of this section, an “inaccurate parking meter” means a parking meter that provides less time than is paid for by a person using the metered parking space. (Amended by Stats. 2000, Ch. 511, Sec. 2. Effective January 1, 2001.)
  149. 12209.7.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    This section lets county sealers test certain public-agency electric vehicle chargers, and requires repair, marking, and possible penalties if a charger is found incorrect or a seal is removed, unless the local publicly owned electric utility qualifies for the subdivision (g) exception.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12209.7. (a) For purposes of this section, the following definitions apply: (1) “Correct” has the same meaning as defined in Section 12500. (2) “Electric vehicle charger operated by a public agency” means an electric vehicle charger that is available for commercial use by the public and that is either owned by a public agency or for which the public agency has entered into an agreement to have the electric vehicle charger installed, maintained, or serviced, to have the revenues from the electric vehicle charger collected, or to otherwise have electric vehicle charging services performed on behalf of the public agency. (3) “Incorrect” has the same meaning as defined in Section 12500. (4) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (5) “Public agency” means any city, county, city and county, district, or other local authority or public body of, or within, this state. (b) Except as provided in subdivision (g), a county sealer may test and verify as correct any electric vehicle charger operated by a public agency that is located in the county in which the sealer has jurisdiction. (c) Except as provided in subdivision (g), a county sealer, upon testing and finding that an electric vehicle charger operated by a public agency is incorrect, shall cause it to be marked with a tag or other suitable device with the words “out of order” and require the charger to be repaired or corrected within 30 days, subject to retesting and verification by the county sealer. (d) Except as provided in subdivision (g), a county sealer may levy a civil penalty, pursuant to Section 12015.3, against a public agency, or a vendor or entity contracted by a public agency to provide and maintain electric vehicle charger services on behalf of a public agency, that removes or obliterates any tag or device placed, or caused to be placed, by a sealer on an electric vehicle charger operated by the public agency. For purposes of levying a civil penalty under this subdivision, a person described in Section 12015.3 includes a public agency and any contracted vendor or entity. (e) Pursuant to Section 12240, a county board of supervisors may, by ordinance, charge an annual registration fee for the cost of inspecting and testing an electric vehicle charger, as authorized by this section. (f) If a public agency owns an electric vehicle charger and leases the electric vehicle charger to another entity that operates the electric vehicle charger commercially, the entity that operates the electric vehicle charger commercially shall be the entity responsible for compliance with this section regarding that electric vehicle charger. (g) (1) Subdivisions (b), (c), and (d) do not apply to an electric vehicle charger operated by a local publicly owned electric utility if the local publicly owned electric utility does all of the following: (A) Is responsible for conducting field testing to validate the compliance with specification and user requirements and measurement and transactional accuracy of its commercial electric vehicle chargers that are available for public use. (B) Uses field inspection and testing practices equivalent to the National Institute of Standards and Technology’s (NIST) Handbook 44 “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices” inspection and test procedures for electric vehicle fueling systems and uses testing standards and equipment that are traceable to standards approved and maintained by the NIST or, in the absence of a standard approved and maintained by the NIST, a calibration laboratory accredited under the International Organization for Standardization (ISO) 17025 standard. (C) Tests and conducts a field inspection for each electric vehicle charger at least once every six months in accordance with subparagraph (B). (D) Documents the results of a test and field inspection described in subparagraph (C) and any action taken to address a failed test or field inspection, retains that documentation for at least two years, and makes that documentation available to any person or entity that submits a request for it pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (E) Conspicuously affixes a clear and legible identification notification on each electric vehicle charger that includes all of the following: (i) The name and logo of the local publicly owned electric utility. (ii) A statement that the electric vehicle charger is operated by the local publicly owned electric utility. (iii) The local publicly owned electric utility’s customer service contact information for consumer comments, complaints, and questions. (F) Sends a notice to the applicable county sealer indicating the local publicly owned electric utility’s intent to comply with this paragraph. (2) If the county sealer finds that a local publicly owned electric utility is not in compliance with paragraph (1), the county sealer shall notify the utility director of the local publicly owned electric utility that is not in compliance and describe the areas of noncompliance. Within 30 days of receiving that notice, the local publicly owned electric utility shall respond to the county sealer and explain the actions taken by the local publicly owned electric utility to comply. If the local publicly owned electric utility fails to provide a response, the governing board of the local publicly owned electric utility shall discuss the notice of noncompliance at its next publicly noticed regular meeting. (h) This section shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 692, Sec. 1. (AB 2037) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  150. 1221.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department may employ special examiners and may make regulations for examinations under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1221. The department may employ special examiners, and may make regulations for the conduct of examinations under this chapter. (Amended by Stats. 1977, Ch. 579.)
  151. 12210.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    County sealers must inspect and test certain commercial weights and measures in their county, and may also be directed to handle noncommercial items on written request. The county board of supervisors may authorize fees for that service.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12210. (a) Each sealer shall, within his or her county inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurements, and tools, appliances and accessories connected with any or all such instruments or measures, sold, or used by any proprietor, agent, lessee or employee for commercial purposes, as defined in subdivision (e) of Section 12500. (b) Each sealer shall, when so directed by the board of supervisors of his or her county, and only upon the written request of any person, firm or corporation, calibrate, test, weigh, and measure, and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The board of supervisors may authorize the sealer to establish from time to time a schedule of fees to cover the cost of such service and to charge and collect the fees. (Amended by Stats. 1981, Ch. 178, Sec. 1.)
  152. 12210.3.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A county sealer with the proper equipment must inspect, test, and certify a water submeter’s accuracy in the county when the owner, user, or operator makes a written request and certain listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12210.3. (a) A county sealer who possesses the appropriate equipment to perform tests on water submeters shall inspect, test, and certify to the accuracy of a water submeter, within his or her county and upon written request of the owner, user, or operator of the water submeter, if any of the following circumstances exist: (1) The service is requested to be performed in addition to, or according to a schedule different from, any inspection frequency established by regulations adopted pursuant to Section 12212. (2) The requested service pertains to a water submeter not intended to be placed into service in the county within six months. (3) The requested service pertains to a water submeter intended to be placed into service in a different county. (b) Notwithstanding Section 12210.5, the board of supervisors may authorize the sealer to establish, from time to time, a schedule of fees to cover the cost of services provided under subdivision (a) and to charge and collect the fees. The fee schedule shall be limited to the actual cost of performing those services. (Added by Stats. 2014, Ch. 539, Sec. 1. (AB 2451) Effective January 1, 2015.)
  153. 12210.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    Counties may charge a fee for certain requested inspections or tests of commercial weighing or measuring devices if the county board of supervisors authorizes it.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12210.5. (a) Any county which inspects or tests any weighing or measuring device or instrument used commercially, at the request of the owner or user of that device, when inspection or testing of the device could legally be performed by a registered service agency, as defined in Section 12531, may, if authorized by the county board of supervisors, collect from the requesting owner or user thereof a fee. (b) That fee shall be based upon a uniform schedule of fees, which shall be prescribed by the secretary for use by the counties. The secretary shall prepare the schedule of fees to be comparable with the rates charged by the industry’s registered service agencies. All fees collected shall be credited to the general fund of the county in which collected and used only for the administration and enforcement of laws pertaining to weights and measures. (Amended by Stats. 2012, Ch. 662, Sec. 1. (AB 1181) Effective January 1, 2013.)
  154. 12210.7.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    A county sealer must authorize installation of a qualifying water submeter in the county when the owner, user, or operator makes a written request and the listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12210.7. A county sealer shall, within his or her county and upon written request of the owner, user, or operator of the water submeter, authorize the installation of a water submeter that has been inspected, tested, and sealed by the county sealer of another county if all of the following conditions are met: (a) The meter bears a seal that represents the most recent seal of the county in which the water submeter was inspected, in accordance with the provisions of Section 12505. (b) The water submeter is installed no later than 12 months after the water submeter was inspected, tested, and sealed. (c) The county sealer does not have reason to believe the water submeter has been tampered with, damaged, or otherwise rendered inoperable since the inspection, testing, and sealing by the other county sealer. (Added by Stats. 2014, Ch. 539, Sec. 2. (AB 2451) Effective January 1, 2015.)
  155. 12211.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    Sealers must periodically weigh or measure commodity packages and containers, and the secretary must issue regulations for those procedures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12211. Each sealer shall, from time to time, weigh or measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and whether they are being sold in accordance with law. The secretary shall adopt necessary regulations governing the procedures to be followed by sealers in connection with the weighing or measuring of amounts of commodities in individual packages, containers, or lots of packages or containers, including the procedures for sampling a lot, and for determining whether any package, container, or a lot of packages or containers complies with this section. In adopting those regulations, the secretary shall adopt by reference the package checking procedures recommended by the National Council on Weights and Measures and published in the current edition of the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods,” and any subsequent amendments thereto, except insofar as those requirements are specifically modified, amended, or rejected by a regulation adopted by the secretary. Any lot, package, or container of any commodity that conforms to this section shall be deemed to be in conformity with this division relating to stated net weights or measures. Whenever a lot, package, or container of any commodity is found to contain, through the procedures authorized in this section, a less amount than that represented, the sealer shall order, in writing, that lot, package, or container of commodity off sale and require that an accurate statement of quantity be placed on each package or container before it may be released for sale by the sealer in writing. The sealer may seize as evidence any package or container that is found to contain a less amount than that represented. (Amended by Stats. 2025, Ch. 592, Sec. 28. (SB 861) Effective January 1, 2026.)
  156. 12212.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    The secretary must set regulations for inspection frequency, county sealers must do inspections as required, and counties must pay related service costs under the contract process.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12212. (a) The secretary shall adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus in the state. (b) The sealer of each county shall perform such inspections as may be required by the secretary. Nothing in this section shall be construed to prohibit the sealer from inspecting a device more frequently than required if he or she deems those tests to be necessary. (c) Any regulation shall be adopted by the secretary in conformity with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code. (d) In counties where the secretary finds that the sealer, because of lack of equipment, is unable or fails to perform the tests as required herein, the secretary may enter into a contract with the board of supervisors of each of those counties to perform the tests. Those contracts shall provide that the county shall pay the cost of those services based upon a uniform schedule of fees developed by the secretary. The fee schedule shall be based on the approximate cost of performing those services. The contracts shall also provide that the secretary shall periodically render a bill to each county so served for the cost of services rendered, and the auditor of the county so billed shall pay the charge in the same manner in which other claims against the county are paid. (e) All fees collected under the provisions of this section shall be credited to the Department of Food and Agriculture Fund. (Amended by Stats. 2012, Ch. 661, Sec. 35. (SB 1576) Effective January 1, 2013.)
  157. 12213.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    Each sealer may enter premises or stop certain sellers and vehicle operators, without a formal warrant, when performing duty, and may require them to bring the commodity to a place the sealer chooses for testing.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12213. Each sealer may, in the general performance of his duty, without formal warrant, enter or go into or upon, any stand, place, building or premises or stop any vendor, peddler, junk-dealer, driver of a coal, ice, delivery, or other wagon or vehicle, containing commodities for sale or delivery and, if necessary, require him to proceed with the commodity to some place which the sealer may specify for the purpose of making the proper tests. (Added by Stats. 1939, Ch. 43.)
  158. 12214.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    This section sets out how a county sealer can be investigated, noticed, heard, and possibly disqualified, with license revocation following a disqualification order.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12214. (a) Upon satisfactory evidence presented to the secretary that the county sealer of any county is guilty of neglect of duty, incompetence, or misconduct in office, the trial board hereinafter provided for shall hold a hearing or hearings at times and places that it shall provide. (b) The secretary and the president of the voluntary association of the sealers of the state shall select an impartial third person who, with them, shall compose a county sealer’s trial board to determine whether the sealer is guilty of the charges presented. (c) At least 10 days prior to the date of hearing, the secretary shall give notice in writing to the sealer of the time and place of hearing and any information as to the nature of the charges that will enable the sealer to make a defense thereto. (d) At the hearing or hearings, the trial board shall hear evidence that is offered and thereafter, within 30 days, make an order dismissing the charges or an order disqualifying the sealer. (e) In case the order disqualifies the sealer, the secretary shall forthwith revoke the sealer’s license and declare the office vacant and a copy of the order shall be immediately transmitted by the secretary to the board of supervisors and the auditor of the county in which the sealer held office. (f) The license of a deputy sealer or inspector may be revoked in the same manner and for the same causes that a license of a sealer may be revoked. (Amended by Stats. 2012, Ch. 661, Sec. 36. (SB 1576) Effective January 1, 2013.)
  159. 12215.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. )

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    If a county sealer learns that a device or installation under the county sealer’s jurisdiction may have been altered to help commit fraud, the county sealer must coordinate with law enforcement as needed to investigate and prosecute the fraud.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Local Administration [12200 - 12215] ( Article 2 added by Stats. 1939, Ch. 43. ) ## 12215. A county sealer who receives information or evidence indicating that any weighing or measuring device, parking meter, or other installation under the county sealer’s jurisdiction has been altered in such a way as to facilitate any type of fraud shall coordinate with the appropriate law enforcement authorities as needed in investigating and prosecuting the fraudulent activity. (Added by Stats. 2016, Ch. 329, Sec. 1. (AB 2307) Effective January 1, 2017.)
  160. 1222.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department may approve schools that are accredited by the National Accrediting Agency for Clinical Laboratory Sciences.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1222. The department may approve schools that are accredited by the National Accrediting Agency for Clinical Laboratory Sciences. (Amended by Stats. 1995, Ch. 510, Sec. 15. Effective January 1, 1996.)
  161. 1222.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department may approve certain clinical laboratory scientist training programs, and approved programs may use multiple clinical laboratories if they meet stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1222.5. (a) The department may approve any of the following seeking to provide clinical laboratory scientist programs for instruction in clinical laboratory technique that, in the judgment of the department, will provide instruction adequate to prepare individuals to meet the requirements for licensure or performance of duties under this chapter and regulations of the department: (1) A California licensed clinical laboratory. (2) An accredited college or university in the United States of America. (3) A United States military medical laboratory specialist program of at least 52 weeks duration. (4) A laboratory owned and operated by the United States government. (b) Upon approval by the department, clinical laboratory scientist programs approved by the department may use multiple clinical laboratories to provide training in clinical laboratory technique, provided the following conditions are met: (1) The program may apportion the clinical training among multiple clinical laboratories in any percentage as long as the total training meets the requirements established by the department. (2) Each clinical laboratory has been approved by the department as part of the program in accordance with regulations. The program shall notify the department in writing within 30 days of a change in clinical laboratories used by the program to provide training. (3) The director of the approved program shall be responsible for notifying the department in advance of the start and end date of training for each trainee. The program shall coordinate with the department in meeting established requirements. (4) The director of the approved program shall ensure that all of the department’s requirements for training and affiliation are met. (5) The program has submitted an application on forms provided by the department for approval. (c) The department shall establish by regulation the ratio of licensed clinical laboratory scientists to licensed trainees on the staff of the clinical laboratory and the minimum requirements for training in any specialty or in the entire field of clinical laboratory science or practice. Application for approval shall be made on forms provided by the department. (Amended by Stats. 2012, Ch. 352, Sec. 2. (SB 289) Effective January 1, 2013.)
  162. 1223.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department must staff and support clinical laboratory administration, post the ACLL online, meet application deadlines, and generally not conduct routine inspections of laboratories with a certificate of deemed status unless subdivision (f) allows it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1223. (a) The Legislature finds and declares that it is the public policy of the state to ensure that California’s laboratory standards, including its laboratory personnel standards, be sustained in order to provide accurate, reliable, and necessary test results. The Legislature further finds that inspections are the most effective means of furthering this policy. It is not the intent of the Legislature to reduce in any way the resources available to the department for inspections, but rather to provide the department with the greatest flexibility to concentrate its resources where they can be most effective. It is the intent of the Legislature to provide for an inspection process that includes state-based inspection components and that determines compliance with federal and state requirements for clinical laboratories. (b) The department shall employ, or contract for, inspectors, special agents, and investigators, and provide any clerical and technical assistance as necessary to administer this chapter and may incur other expenses as necessary. (c) Laboratories accredited by a private, nonprofit organization shall be deemed by the department to meet state licensure or registration requirements, and shall be issued a certificate of that deemed status by the department, provided that both of the following conditions are met: (1) The private, nonprofit organization meets all of the following requirements: (A) Is approved by the federal Center for Medicare and Medicaid Services as an accreditation body under CLIA and provides the department with the following information: (i) A detailed comparison of the individual accreditation or approval requirements, with the comparable condition-level requirements. (ii) A detailed description of its inspection process, including all of the following: (I) Frequency of inspections. (II) Copies of inspection forms. (III) Instructions and guidelines. (IV) A description of the review and decisionmaking process of inspections. (V) A statement concerning whether inspections are announced or unannounced. (VI) A description of the steps taken to monitor the correction of deficiencies. (iii) A description of the process for monitoring proficiency testing performance, including action to be taken in response to unsuccessful participation. (iv) A list of all of its current California licensed or registered laboratories and the expiration date of their accreditation, licensure, or registration, as applicable. (B) Is approved by the department as having accreditation standards that are equal to, or more stringent than, state requirements for licensure and registration. (C) Conducts inspections of clinical laboratories in a manner that will determine compliance with federal standards and California laws to the extent that California laws provide greater protection to residents, or are more stringent than federal standards, as determined by the department. Notwithstanding any other provision of law, the department may, without taking regulatory action pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, implement or interpret this section by means of an All Clinical Laboratories Letter (ACLL). The department shall post the ACLL on its Internet Web site so that any person may observe which California laws are more stringent than federal standards, and which accreditation bodies have been approved to conduct inspections. Public comment on the ACLL shall be accepted by the department for 30 days after posting and shall become final 45 days after the posting. Comments received shall be considered by the department. Nothing in this subdivision is intended to change existing statutory or regulatory requirements governing the operation of clinical laboratories or their personnel. (D) Is approved by the department as meeting the requirements of this paragraph. The department shall begin accepting applications for approval, in a form and manner prescribed by the department, by January 1, 2011. The department shall make a determination on an application submitted pursuant to this subparagraph within 180 days of receiving the application. (2) The laboratory meets all of the following requirements: (A) Meets the accreditation standards of the private, nonprofit organization. (B) Agrees to permit the private, nonprofit organization to provide any records or other information to the department, its agents, or contractors, as the department may require. (C) Pays the applicable fees required under Section 1300. (D) Authorizes its proficiency testing organization to furnish to the department and the private, nonprofit organization the results of the laboratory’s participation in an approved proficiency testing program, as defined in 42 C.F.R. 493.2, for the purpose of monitoring the laboratory’s proficiency testing, along with explanatory information needed to interpret the proficiency testing results, upon request of the department. (E) Authorizes the private, nonprofit organization to release to the department a notification of every violation of condition-level requirements, including the actions taken by the organization as a result of the violation, within 30 days of the initiation of the action. (F) Authorizes the private, nonprofit organization to give notice to the department of any withdrawal of the laboratory’s accreditation. (d) If the private, nonprofit organization described in subdivision (c) has withdrawn or revoked its accreditation of a laboratory, the laboratory shall retain its certificate of deemed status issued pursuant to subdivision (c) for 45 days after the laboratory receives notice of the withdrawal or revocation of the accreditation, or the effective date of any action taken by the department, whichever is earlier. (e) A certificate of deemed status issued pursuant to subdivision (c) shall be renewed annually provided that the conditions for issuance specified in subdivision (c) are still met. Except as authorized under subdivision (f), the department shall not conduct routine inspections of a laboratory issued a certificate of deemed status pursuant to subdivision (c). Each application for a certificate of deemed status issued under subdivision (c) and each request for renewal of that certificate shall be accompanied by the fees set forth in Section 1300. The total of those certificate application and renewal fees collected by the department shall be sufficient to cover the cost of issuing the certificate. If the department determines that those certificate fees do not fully support the costs of these activities, it shall report that determination to the Legislature. (f) Nothing in this section shall be construed to prohibit the exercise of the department’s authority to conduct complaint investigations, sample validation inspections, or require submission of proficiency testing results to the department to ensure compliance of any clinical laboratory with state standards. (Amended by Stats. 2009, Ch. 201, Sec. 2. (SB 744) Effective October 11, 2009.)
  163. 1224.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department may adopt, amend, or repeal regulations needed to administer or enforce this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1224. The department may, pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code, adopt, amend, or repeal any regulations necessary for the administration or enforcement of this chapter. (Amended by Stats. 1995, Ch. 510, Sec. 17. Effective January 1, 1996.)
  164. 1224.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department must conduct a study about whether certain physician office laboratory testing produces accurate, reliable, necessary, and comparable results.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1224.5. The department shall conduct a study to determine whether the persons conducting tests in physician office laboratories under paragraph (12) of subdivision (b) of, and paragraph (10) of subdivision (c) of Section 1206.5, produce accurate, reliable, and necessary test results comparable to those produced by other persons performing moderate complexity or high complexity testing, or both. (Added by Stats. 1995, Ch. 510, Sec. 18. Effective January 1, 1996.)
  165. 12240.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    County supervisors may set annual registration fees for commercial weighing and measuring devices, within stated caps and exceptions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12240. (a) Except as otherwise provided in this section, the county board of supervisors, by ordinance, may charge an annual registration fee, not to exceed the county’s total cost of actually inspecting or testing the devices as required by law, to recover the costs of inspecting or testing weighing and measuring devices required of the county sealer pursuant to Section 12210, and to recover the cost of carrying out Section 12211. (b) Except as otherwise provided in this section, the annual registration fee shall not exceed the amount set forth in subdivisions (f) to (r), inclusive. (c) The county may collect the fees biennially, in which case they shall not exceed twice the amount of an annual registration fee. The ordinance shall be adopted pursuant to Article 7 (commencing with Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the Government Code. (d) Retail gasoline pump meters, for which the above fees are assessed, shall be inspected as frequently as required by regulation, but not less than once every two years. (e) Livestock scales, animal scales, and scales used primarily for weighing feed and seed, for which the above fees are assessed, shall be inspected as frequently as required by regulation. (f) For purposes of this section, the annual registration fee for a business that uses a commercial weighing or measuring device or devices shall consist of a business location fee, a department administrative fee, as specified in Section 12241, and a device fee, as specified in subdivisions (g) to (r), inclusive. The business location fee and device fee shall not exceed one hundred twenty dollars ($120) per business location, plus 100 percent of the maximum applicable device fee listed in subdivisions (g) to (r), inclusive. (g) (1) For marinas, mobilehome parks, recreational vehicle parks, and apartment complexes, where the owner of the marina, park, or complex owns and is responsible for the utility meters, the device fee shall not exceed the following: (A) For water submeters, six dollars ($6) per device per space or apartment. (B) For electric submeters, three dollars ($3) per device per space or apartment. (C) For vapor submeters, ten dollars ($10) per device per space or apartment. (2) Marinas, mobilehome parks, recreational vehicle parks, and apartment complexes for which the above fees are assessed shall be inspected and tested as frequently as required by regulation. (h) For weighing devices, other than livestock, with capacities of 10,000 pounds or greater, the device fee shall not exceed two hundred fifty dollars ($250) per device; for weighing devices, other than livestock scales, with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed one hundred fifty dollars ($150) per device. (i) This section does not apply to farm milk tanks. (j) A scale or device used in a certified farmers’ market, as defined by Section 113742 of the Health and Safety Code, is not required to be registered in the county where the market is conducted, if the scale or device has an unexpired seal for the current year, issued by a licensed California county sealer. (k) For livestock scales with capacities of 10,000 pounds or greater, the device fee shall not exceed one hundred fifty dollars ($150) per device; for livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed one hundred dollars ($100) per device. (l) (1) For liquefied petroleum gas (LPG) meters, truck mounted or stationary, the device fee shall not exceed one hundred eighty-five dollars ($185) per device. (2) For compressed natural gas (CNG) and liquified natural gas (LNG) meters, truck mounted or stationary, the device fee shall not exceed seventy-five dollars ($75) per device in 2019, one hundred twenty-five dollars ($125) per device in 2020, and one hundred eighty-five dollars ($185) per device beginning in 2021. (m) For wholesale and vehicle meters, the device fee shall not exceed seventy-five dollars ($75) per device. (n) For computing scales and electronic counter scales interfaced with a cash register or any point-of-sale system, the device fee shall not exceed twenty-five dollars ($25) per device. For purposes of this subdivision, a computing scale or interfaced electronic counter scale shall be a weighing device with a capacity of less than 100 pounds that indicates, through its indicator or a point-of-sale system indicator, the money value of any commodity weighed, at predetermined unit prices, throughout all or part of the weighing range of the scale. For purposes of this subdivision, the portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the sum of one thousand two hundred dollars ($1,200) for each business location. (o) For jewelry and prescription scales and scales marked as, or meeting the design and performance requirements of, a Class II weighing device, the device fee shall not exceed eighty dollars ($80) per device. For purposes of this subdivision, a jewelry or prescription scale or a scale marked as, or meeting the design and performance requirements of, a Class II weighing device shall be a scale that meets the specifications, tolerances, and sensitivity requirements established or adopted by the secretary applicable to those devices in accordance with Section 12107. (p) For weighing devices, other than computing, interfaced electronic counter, jewelry, and prescription scales and scales marked as, or meeting the design and performance requirements of, a Class II weighing device, as defined in subdivisions (n) and (o), with capacities of at least 100 pounds but less than 2,000 pounds, the device fee shall not exceed fifty dollars ($50) per device. (q) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions or in computing other charges for service, including, but not limited to, ambulance, towing, or limousine services, the device fee shall not exceed sixty dollars ($60) per device. (r) This section does not apply to odometers in rental passenger vehicles, as defined in Section 465 of the Vehicle Code, that are subject to Chapter 1.5 (commencing with Section 1939.01) of Title 5 of Part 4 of Division 3 of the Civil Code. If a person files a complaint with the county sealer regarding the accuracy of a rental passenger vehicle odometer, the county sealer may charge a fee to the operator of the vehicle rental business sufficient to recover, but not to exceed, the reasonable cost of testing the device in investigation of the complaint. (s) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions involving nonpassenger vehicles that are not subject to Chapter 1.5 (commencing with Section 1939.01) of Title 5 of Part 4 of Division 3 of the Civil Code, the portion of the annual registration fee consisting of the business location fee and the device fee authorized pursuant to subdivision (q) shall not exceed the sum of three hundred forty dollars ($340) for each business location. (t) For all other commercial weighing or measuring devices not listed in subdivisions (g) to (r), inclusive, the device fee shall not exceed twenty-six dollars ($26) per device. For purposes of this subdivision, the total portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subdivision shall not exceed the sum of one thousand two hundred dollars ($1,200), for each business location. (u) For purposes of this section, a single business location is defined as: (1) Each business location that uses one or more categories or types of commercial devices as set forth in subdivisions (g) to (p), inclusive, and in subdivision (t), that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official. (2) Each vehicle, except for those vehicles that are employed in vehicle rental transactions, in which one or more commercial devices is installed and used. (3) (A) For vehicles that are employed in vehicle rental transactions and that are not subject to Chapter 1.5 (commencing with Section 1939.01) of Title 5 of Part 4 of Division 3 of the Civil Code, each business location at which vehicles are stored or maintained by a vehicle rental company for the purposes of renting vehicles to customers. (B) A facility that meets all of the following criteria shall not be considered a business location for the purposes of this paragraph: (i) The facility is not wholly, or in any part, owned, leased, or operated by the vehicle rental company. (ii) The facility is not operated or staffed by an employee of the vehicle rental company. (iii) The facility stores or maintains, on a temporary basis, vehicles at the location for customer convenience. (C) If a person files a complaint with the county sealer regarding the accuracy of an odometer in a vehicle found or located at a facility described in subparagraph (B), the county sealer may charge a fee to the operator of the vehicle rental company sufficient to recover, but not to exceed, the reasonable cost of testing the device in investigation of the complaint. (Amended by Stats. 2023, Ch. 575, Sec. 1. (AB 1304) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 12246.)
  166. 12241.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    The secretary must set an annual administrative fee by regulation, and the fee is collected for every device registered with each county office of weights and measures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12241. The secretary shall establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the department for exercising supervision over and performing investigations in connection with the activities performed pursuant to Sections 12210 and 12211 and to recover reasonable costs incurred by the department for the safekeeping and certification of the state standards pursuant to Section 12304 and for certification services provided pursuant to Sections 12305 and 12310. This administrative fee shall be collected for every device registered with each county office of weights and measures, and paid to the Department of Food and Agriculture Fund. (Amended by Stats. 2017, Ch. 429, Sec. 73. (SB 547) Effective January 1, 2018. Repealed as of January 1, 2029, pursuant to Section 12246.)
  167. 12242.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    Fees collected under Section 12240 must go into the county general fund and be used only for the activities required by Sections 12210 and 12211.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12242. The revenue from any fee charged pursuant to Section 12240 shall be deposited in the general fund of the county and used solely for the activities required by Sections 12210 and 12211. (Amended by Stats. 1993, Ch. 1050, Sec. 2. Effective January 1, 1994. Repealed as of January 1, 2029, pursuant to Section 12246.)
  168. 12243.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    Before adopting a fee ordinance, the board of supervisors must hold a public meeting and give advance public notice and cost information; it may also set a reasonable annual notice charge.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12243. In addition to providing notice as otherwise required, before adopting an ordinance charging fees pursuant to Section 12240, the board of supervisors shall hold at least one public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the information required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the board of supervisors. Any written request for the mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for the mailed notices shall be filed on or before April 1 of each year. The board of supervisors may establish a reasonable annual charge for sending the notices based on the estimated cost of providing that service. At least 10 days prior to the meeting, the board of supervisors shall make available to the public information indicating the amount of cost, or estimated cost, required to provide the service for which the fee is charged and the revenue sources anticipated to provide the service, including general fund revenues. If the fees create revenues in excess of actual cost, those revenues shall be used to reduce the fee creating the excess. (Amended by Stats. 1983, Ch. 1245, Sec. 6. Repealed as of January 1, 2029, pursuant to Section 12246.)
  169. 12244.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    The board of supervisors may recover costs for a required meeting from fees charged for the services covered by that meeting.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12244. Any costs incurred by the board of supervisors in conducting the required meeting may be recovered from fees charged for the services which were the subject of the meeting. (Added by Stats. 1982, Ch. 1380, Sec. 4. Repealed as of January 1, 2029, pursuant to Section 12246.)
  170. 12246.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. )

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    This article stays in force only until January 1, 2029, when it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 2. Administration [12100 - 12246] ( Chapter 2 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2.1. Fees and Charges [12240 - 12246] ( Article 2.1 added by Stats. 1982, Ch. 1380, Sec. 4. ) ## 12246. This article shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2023, Ch. 575, Sec. 2. (AB 1304) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 2.1, commencing with Section 12240.)
  171. 1225.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department’s authorized representatives may inspect clinical laboratory-related premises and records, and may collect samples or other evidence. The department may also cooperate with or assist licensed and other qualified persons in evaluating laboratory procedures.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1225. (a) In order to carry out this chapter, any duly authorized representative of the department may do any of the following: (1) Enter or inspect on an announced or unannounced basis any building, premise, equipment, materials, records, or information at any reasonable time to secure compliance with, or prevent a violation of this chapter or the regulations adopted pursuant thereto. (2) Inspect, photograph, or copy any records, reports, test results, test specimens, or other information related to the requirements of this chapter or the regulations adopted pursuant thereto. (3) Secure any sample, photograph, or other evidence from any building or premise for the purpose of enforcing this chapter or the regulations adopted pursuant thereto. (b) The department may cooperate with, or assist persons licensed under this chapter, or other qualified persons, in evaluating laboratory procedures and techniques necessary to achieve and maintain high quality performance in clinical laboratories. (Amended by Stats. 1989, Ch. 927, Sec. 2.)
  172. 1226.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department may annually compile, publish, and sell a directory of licensed persons, and may include the chapter’s provisions, related regulations, and other information it considers advisable.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1226. Annually the department may compile and may thereafter publish and sell a directory of persons within the state licensed under the provisions of this chapter who hold unsuspended, unforfeited and unrevoked licenses. The directory may also contain a copy of the provisions of this chapter and regulations relating thereto and such other information as the department may determine advisable. (Added by renumbering Section 1227 by Stats. 1970, Ch. 1377.)
  173. 1227.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    Licensed or registered persons and clinical laboratories must tell the department about any name or address change within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1227. Every person or clinical laboratory licensed or registered under this chapter shall report to the department, within 30 days thereof, any change of name or address. (Amended by Stats. 1995, Ch. 510, Sec. 19. Effective January 1, 1996.)
  174. 1228.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. )

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    The department must appoint a multidisciplinary committee to help administer and enforce this chapter, and may appoint subcommittees and set members’ terms of office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 2. Administration and Regulation [1220 - 1228] ( Article 2 added by Stats. 1951, Ch. 1727. ) ## 1228. The department shall appoint a multidisciplinary committee to assist, advise, and make recommendations for the establishment of rules and regulations necessary to insure proper administration and enforcement of the provisions of this chapter and to assist and advise the department in matters concerning examinations for licensees of this chapter. Appointments shall be made from lists of nominees solicited by the department and shall provide adequate and proper representation of all persons affected by this chapter. Subcommittees of the committee may be appointed consisting of committee members and consultants having particular knowledge in a subject area for the purpose of assisting the department on special administrative problems and in making recommendations to the committee for consideration in the establishment of rules and regulations. The terms of office of the members shall be determined by the department. (Added by Stats. 1970, Ch. 1125.)
  175. 123.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    This section makes it a misdemeanor to interfere with a licensing examination or its administration, and it also allows civil liability for damages and litigation costs.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 123. It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of an examination, including, but not limited to: (a) Conduct which violates the security of the examination materials; removing from the examination room any examination materials without authorization; the unauthorized reproduction by any means of any portion of the actual licensing examination; aiding by any means the unauthorized reproduction of any portion of the actual licensing examination; paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination; obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination; or using or purporting to use any examination questions or materials which were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination. (b) Communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee; having in one’s possession during the administration of the licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination; or impersonating any examinee or having an impersonator take the licensing examination on one’s behalf. Nothing in this section shall preclude prosecution under the authority provided for in any other provision of law. In addition to any other penalties, a person found guilty of violating this section, shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation. (c) If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (Amended by Stats. 1991, Ch. 647, Sec. 1.)
  176. 123.5.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A superior court may issue an injunction or other order to stop conduct that violates Section 123, if a board, the Attorney General, or the county district attorney applies.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 123.5. Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of a board, the Attorney General or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other provision of law. (Added by renumbering Section 497 by Stats. 1989, Ch. 1022, Sec. 4.)
  177. 12300.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    Contracts made in this state for work or goods sold or delivered by weight or measure are interpreted under the common standards or the metric system authorized by Congress, as the contract states.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12300. Contracts made within this State for work to be done or for anything to be sold or delivered by weight or measure shall be construed according to the common standards, or according to the weights and measures of the metric system authorized by Congress, as the contract provides. (Added by Stats. 1939, Ch. 43.)
  178. 12301.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    A contract or pleading is not invalid or objectionable just because it uses metric-system weights or measures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12301. No contract or pleading is invalid or subject to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. (Added by Stats. 1939, Ch. 43.)
  179. 12303.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    This section lists the types of metrological standards that count as state standards of weights and measures, if they have been certified relative to national standards under NIST’s direction.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12303. The state standards of weights and measures by which all state and county standards of weights and measures shall be tried, proved, and sealed include the following standards, provided the standards have been certified relative to national standards under the direction of the National Institute of Standards and Technology: (a) Metrological standards provided by the United States. (b) Metrological standards procured by the state. (c) Metrological standards in the possession of county sealers. (d) Metrological standards in the possession of laboratories certified to perform measurement services pursuant to Section 12314. (Amended by Stats. 2022, Ch. 511, Sec. 71. (SB 1495) Effective January 1, 2023.)
  180. 12304.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    The department must keep the state standards in a suitable lab or, if they can be transported, under conditions that preserve the unit of measure, and must have them directly certified by NIST or an NIST-approved assurance procedure.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12304. The department shall keep the standards of the state in a suitable laboratory location or, if transportable, shall maintain the standards under environmental conditions appropriate for maintaining the integrity of the unit of measure represented by the standard. The department shall have the standards directly certified by the National Institute of Standards and Technology or by any measurement assurance procedures approved by the National Institute of Standards and Technology. (Amended by Stats. 2017, Ch. 573, Sec. 51.5. (SB 800) Effective January 1, 2018.)
  181. 12305.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The department must use state standards to certify similar standards and certain dependent dissimilar standards.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12305. The department shall use the standards of the state to certify similar standards and any dissimilar standards that are dependent on the values represented by the state standards. Copies of the standards that have been compared and certified against the state standards shall become working standards that shall be used in the certification, calibration, and sealing of county field standards, and in the certification, calibration, and sealing of measurement devices submitted by state and local government agencies or by industry. (Amended by Stats. 2017, Ch. 429, Sec. 75. (SB 547) Effective January 1, 2018.)
  182. 12308.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    Each county’s legislative body must provide copies of the State’s standards of weights and measures when a sealer is appointed, and the department must verify and certify those copies.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12308. The legislative body of each county shall, upon the appointment of a sealer provide copies of the State’s standards of weights and measures at county expense. These copies shall be verified and certified to by the department. (Amended by Stats. 1939, Ch. 992.)
  183. 12309.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The department must, on county request, provide copies of the state standard weights and measures and, when requested by a county legislative body or sealer, test and approve county-procured copies for use by a county sealer.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12309. The department shall, at the request of the legislative body of any county, furnish copies of the standard weights and measures of the State at the expense of the county requesting them. It shall upon request of the legislative body of any county or upon the request of a sealer of any such county test and approve copies of the State’s standards of weights and measures procured by such county to be used by a county sealer. Copies furnished under the provisions of this section or copies tested and approved shall be true and correct; shall be sealed and certified to; and stamped with the letter “C.” Such copies need not be of the same material or construction as the standards of the State and such copies may be furnished in any suitable materials or construction that the county requiring the same may specify, subject to the approval of the department. (Amended by Stats. 1939, Ch. 992.)
  184. 12310.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The department, or a certified laboratory it designates, must certify county sealer standards on a schedule set by the secretary, with a maximum gap of 10 years; if there is no statistical data, certification must happen at least every 2 years. Sealers must provide standards for testing when the department asks, and certification expenses are allocated to the state or county as stated.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12310. The department, or a laboratory designated by the department that has been certified pursuant to Section 12314, shall certify the standards of the county sealers as often as may be deemed by the secretary to be necessary, based upon a review of statistical data resulting from previous certifications, but in no event shall the period of time between certifications exceed 10 years. In the absence of statistical data, standards shall be certified at least every two years. Sealers shall, upon the request of the department, deliver for testing those standards in their possession that are used in the discharge of their duties. Direct expenses incurred in the certification process shall be borne by the state or recovered pursuant to Section 12241, while any incidental expense, such as the cost of transportation, shall be borne by the county whose standards have been certified. (Amended by Stats. 2017, Ch. 573, Sec. 52.5. (SB 800) Effective January 1, 2018.)
  185. 12310.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The department must, on request and when standards are submitted, certify and verify industry standards of weights and measures, set fees to cover the service cost, and deposit received money into the State Treasury for the Department of Agriculture Fund.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12310.5. The department shall, upon request, certify and verify the various types of standards of weights and measures used by industry in accordance with the standards certified by the National Institute of Standards and Technology, when such standards are submitted to the department for verification and certification. The department shall establish a schedule of fees sufficient to cover the cost of furnishing such services. All money received under the provisions of this section shall be paid into the State Treasury and credited to the Department of Agriculture Fund to be expended by the department for the administration of the provisions of this section. (Amended by Stats. 2017, Ch. 573, Sec. 53. (SB 800) Effective January 1, 2018.)
  186. 12311.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    A sealer who knows a county standard may be incorrect must notify the department, and may have the standard retested, adjusted, or replaced if the department says it is necessary.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12311. Every sealer having knowledge that a county standard may be incorrect, regardless of the cause, shall notify the department of the condition, and shall, if deemed by the department to be necessary, arrange to have the standard in question retested, adjusted, or replaced. (Repealed and added by Stats. 1981, Ch. 97, Sec. 10.)
  187. 12312.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    In a prosecution for violating this division, a certified copy of the State’s standards of weights and measures must be admitted as prima facie true and correct evidence.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12312. In any prosecution for a violation of any of the provisions of this division any copy of the standards of weights and measures of the State furnished, procured, and certified to under the provisions of this division, shall be admitted in evidence upon the trial as prima facie true and correct. (Added by Stats. 1939, Ch. 43.)
  188. 12313.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The state recognizes the National Institute of Standards and Technology’s published basic units and weight-and-measure tables, and they govern weighing and measuring equipment and transactions in the state.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12313. The definitions of basic units of weight and measure, and the tables of weight and measure and weights and measures equivalents, as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in this state. (Amended by Stats. 2017, Ch. 573, Sec. 54. (SB 800) Effective January 1, 2018.)
  189. 12314.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. )

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    The department may set certification criteria for certain laboratories, must recover its actual certification costs from each laboratory, and the secretary may revoke or suspend certifications for good cause.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 3. Standards of Weights and Measures [12300 - 12314] ( Chapter 3 added by Stats. 1939, Ch. 43. ) ## 12314. The department, by regulation, may establish criteria and procedures for certification of laboratories to perform measurement services that are determined by the secretary to be beyond the existing equipment capabilities of the department, or when warranted by financial or workload considerations. The department shall recover actual costs for the certification of any laboratory from that laboratory. The secretary may revoke or suspend any certification issued pursuant to this section for good cause. The secretary shall establish by regulation criteria to be used when revoking or suspending any certification on the basis of good cause. Any proceeding to revoke or suspend any certification shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the secretary shall have all the powers granted therein. Measurements performed and standards certified by laboratories certified under the provisions of this section shall qualify as prima facie evidence. (Amended by Stats. 2012, Ch. 661, Sec. 37. (SB 1576) Effective January 1, 2013.)
  190. 124.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A department board may serve required written notices by regular mail to the licensee’s last known address or by personal service.

    ## 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 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 124. Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by any board in the department, the notice may be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the board. (Amended by Stats. 2019, Ch. 351, Sec. 25. (AB 496) Effective January 1, 2020. Operative July 1, 1997, by its own provisions.)
  191. 1240.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    This chapter does not authorize practice of medicine and surgery, the furnishing of physicians’ services for that practice, or the performance of tests not covered by Section 1206.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1240. This chapter does not authorize any person to practice medicine and surgery or to furnish the services of physicians for the practice of medicine and surgery. This chapter does not repeal or in any manner affect any provision of this code relating to the practice of medicine. This chapter does not prohibit the performance of tests not covered in Section 1206. (Amended by Stats. 1970, Ch. 1377.)
  192. 1241.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    This section says which clinical laboratories and testing activities are covered by the chapter, and lists several exemptions. It also requires places doing qualifying blood glucose testing to register in writing within 30 days after testing begins.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1241. (a) This chapter applies to all clinical laboratories in California or receiving biological specimens originating in California for the purpose of performing a clinical laboratory test or examination, and to all persons performing clinical laboratory tests or examinations or engaging in clinical laboratory practice in California or on biological specimens originating in California, except as provided in subdivision (b). (b) This chapter shall not apply to any of the following clinical laboratories, or to persons performing clinical laboratory tests or examinations in any of the following clinical laboratories: (1) Those owned and operated by the United States of America, or any department, agency, or official thereof acting in his or her official capacity to the extent that the Secretary of the federal Department of Health and Human Services has modified the application of CLIA requirements to those laboratories. (2) Public health laboratories, as defined in Section 1206. (3) Those that perform clinical laboratory tests or examinations for forensic purposes only. (4) Those that perform clinical laboratory tests or examinations for research and teaching purposes only and do not report or use patient-specific results for the diagnosis, prevention, or treatment of any disease or impairment of, or for the assessment of the health of, an individual. (5) Those that perform clinical laboratory tests or examinations certified by the National Institutes on Drug Abuse only for those certified tests or examinations. However, all other clinical laboratory tests or examinations conducted by the laboratory are subject to this chapter. (6) Those that register with the State Department of Health Care Services pursuant to subdivision (c) to perform blood glucose testing for the purposes of monitoring a minor child diagnosed with diabetes if the person performing the test has been entrusted with the care and control of the child by the child’s parent or legal guardian and provided that all of the following occur: (A) The blood glucose monitoring test is performed with a blood glucose monitoring instrument that has been approved by the federal Food and Drug Administration for sale over the counter to the public without a prescription. (B) The person has been provided written instructions by the child’s health care provider or an agent of the child’s health care provider in accordance with the manufacturer’s instructions on the proper use of the monitoring instrument and the handling of any lancets, test strips, cotton balls, or other items used during the process of conducting a blood glucose test. (C) The person, receiving written authorization from the minor’s parent or legal guardian, complies with written instructions from the child’s health care provider, or an agent of the child’s health care provider, regarding the performance of the test and the operation of the blood glucose monitoring instrument, including how to determine if the results are within the normal or therapeutic range for the child, and any restriction on activities or diet that may be necessary. (D) The person complies with specific written instructions from the child’s health care provider or an agent of the child’s health care provider regarding the identification of symptoms of hypoglycemia or hyperglycemia, and actions to be taken when results are not within the normal or therapeutic range for the child. The instructions shall also contain the telephone number of the child’s health care provider and the telephone number of the child’s parent or legal guardian. (E) The person records the results of the blood glucose tests and provides them to the child’s parent or legal guardian on a daily basis. (F) The person complies with universal precautions when performing the testing and posts a list of the universal precautions in a prominent place within the proximity where the test is conducted. (7) Those individuals who perform clinical laboratory tests or examinations, approved by the federal Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit, on their own bodies or on their minor children or legal wards. (8) Those certified emergency medical technicians and licensed paramedics providing basic life support services or advanced life support services as defined in Section 1797.52 of the Health and Safety Code who perform only blood glucose tests that are classified as waived clinical laboratory tests under CLIA, if the provider of those services obtains a valid certificate of waiver and complies with all other requirements for the performance of waived clinical laboratory tests under applicable federal regulations. (9) Those doctors of chiropractic listed on the most current federal Department of Transportation National Registry of Certified Medical Examiners that perform urine specific gravity, urine protein, urine blood, and urine sugar tests as those tests relate to the National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation, as published by the notice in the Federal Register, Volume 77, Number 77, Friday, April 20, 2012, on pages 24104 to 24135, inclusive, and pursuant to Section 391.42 of Title 49 of the Code of Federal Regulations, that are classified as waived clinical laboratory tests under CLIA for the sole purpose of completing the Department of Motor Vehicles Medical Examination Report, if the doctor of chiropractic obtains a valid certificate of waiver and complies with all other requirements for the performance of waived clinical laboratory tests under applicable federal regulations. If a doctor of chiropractic receives an abnormal finding, the doctor of chiropractic shall refer the applicant to the applicant’s primary care physician. (c) Any place where blood glucose testing is performed pursuant to paragraph (6) of subdivision (b) shall register by notifying the State Department of Health Care Services in writing no later than 30 days after testing has commenced. Registrants pursuant to this subdivision shall not be required to pay any registration or renewal fees nor shall they be subject to routine inspection by the State Department of Health Care Services. (Amended by Stats. 2014, Ch. 269, Sec. 1. (AB 2143) Effective August 22, 2014.)
  193. 1241.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    A qualifying primary care clinic in a network may be issued a clinical laboratory license if the central laboratory meets the stated purpose and licensing conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1241.1. (a) A primary care clinic, licensed pursuant to subdivision (a) of Section 1204 of the Health and Safety Code, that is operating within a network of primary care clinics, may be issued a license to operate a clinical laboratory pursuant to Section 1265, which authorizes the conduct of clinical laboratory tests and examinations from its network of primary care clinics, if all of the following conditions are met: (1) The central laboratory’s sole purpose is performing moderate or high complexity clinical laboratory tests and examinations, or both, for the patients of the clinics in the network. (2) Prior to performing any tests or examinations, the central laboratory obtains a certificate under the federal Clinical Laboratory Improvement Amendments of 1988 (42 U.S.C. 263a) (CLIA) and a state laboratory license for the appropriate complexity level of clinical laboratory testing pursuant to Section 1265. (b) For purposes of this section, “network of primary care clinics” means two or more primary care clinics operated by the same nonprofit corporation with the same board of directors and the same corporate officers, and operating under the same procedures and protocols. (Added by Stats. 2006, Ch. 795, Sec. 1. Effective January 1, 2007.)
  194. 1242.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    Licensed clinical laboratory personnel may perform certain skin tests and blood-drawing procedures, subject to regulatory definitions and specific authorization.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1242. Any person duly licensed under the provisions of this chapter to perform tests called for in a clinical laboratory may perform skin tests for specific diseases, arterial puncture, venipuncture, or skin puncture for purposes of withdrawing blood or for clinical laboratory test purposes as defined by regulations established by the department and upon specific authorization from any person in accordance with the authority granted under any provisions of law relating to the healing arts. (Amended by Stats. 1999, Ch. 695, Sec. 1. Effective January 1, 2000.)
  195. 1242.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    The department may, by regulation, allow certified laboratory personnel to perform venipuncture, arterial puncture, or skin puncture for blood withdrawal or clinical laboratory testing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1242.5. Notwithstanding paragraphs (2) and (3) of subdivision (b) of Section 1241, the department may by regulation authorize laboratory personnel certified pursuant to Section 1246 to perform venipuncture, arterial puncture, or skin puncture for the purposes of withdrawing blood or for clinical laboratory test purposes, as defined by regulations established by the department. (Amended by Stats. 1999, Ch. 695, Sec. 2. Effective January 1, 2000.)
  196. 1242.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    Certain licensed nurses and respiratory care practitioners may perform blood-drawing puncture procedures if authorized and, for some licensed vocational nurses, if additional training or competency conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1242.6. (a) Any registered nurse licensed under the provisions of Chapter 6 (commencing with Section 2700) of Division 2 may perform arterial puncture, venipuncture, or skin puncture for the purposes of withdrawing blood or for test purposes upon authorization from any licensed physician and surgeon or any licensed dentist. (b) Any licensed vocational nurse licensed under the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 may perform arterial puncture, venipuncture, or skin puncture for the purposes of withdrawing blood or for test purposes upon authorization from any licensed physician and surgeon, or any licensed dentist if prior thereto the licensed vocational nurse has been instructed by a physician and surgeon and has demonstrated competence to the physician and surgeon in the proper procedure to be employed when withdrawing blood, or has satisfactorily completed a prescribed course of instruction approved by the Board of Vocational Nursing and Psychiatric Technicians or has demonstrated competence to the satisfaction of that board. (c) Any respiratory care practitioner certified under the provisions of Chapter 8.3 (commencing with Section 3700) of Division 2 may perform arterial puncture, venipuncture, or skin puncture for the purposes of withdrawing blood or for test purposes upon authorization from any licensed physician and surgeon. (Amended by Stats. 1997, Ch. 759, Sec. 10. Effective January 1, 1998.)
  197. 1243.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    Certain matriculated students may perform arterial puncture, venipuncture, or skin puncture as part of training if they are under the required direct and responsible supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1243. A student regularly matriculated in any college or university accredited by an accrediting agency acceptable to the department, or in any legally chartered school approved by the department for training purposes may perform arterial puncture, venipuncture, or skin puncture as a part of the necessary training program when done under the direct and responsible supervision of a person licensed to perform tests under the provisions of this chapter or a licensed physician and surgeon. (Amended by Stats. 1970, Ch. 1377.)
  198. 1244.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    This section exempts qualifying nondiagnostic general health assessment programs from chapter limits if they meet listed conditions, and it restricts noncompliant programs from operating.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1244. (a) Nothing in this chapter shall restrict, limit, or prevent a program of nondiagnostic general health assessment provided that: (1) The program meets the requirements of Section 1265 and complies with the requirements of CLIA for waived testing. (2) The purpose of the program is to screen asymptomatic individuals for chronic health disorders and to refer individuals to licensed sources of care as indicated. (3) The program does not test for human immunodeficiency virus or any reportable disease or condition identified in Section 120130 of the Health and Safety Code or the regulations adopted under that section. (4) The program utilizes only those devices that comply with all of the following: (A) Meet all applicable state and federal performance standards pursuant to Section 111245 of the Health and Safety Code. (B) Are not adulterated as specified in Article 2 (commencing with Section 111250) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code. (C) Are not misbranded as specified in Article 3 (commencing with Section 111330) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code. (D) Are not new devices unless they meet the requirements of Section 111550 of the Health and Safety Code. (E) Are approved as waived tests and are used according to the manufacturer’s instructions. (5) Blood collection is performed by skin puncture only. (6) Testing of a urine specimen is performed by the dipstick method only. (7) Testing is performed on site and reported directly to the person requesting the test. (8) The program maintains a supervisory committee consisting of, at a minimum, a licensed physician and surgeon and a clinical laboratory scientist licensed pursuant to this code. (9) The supervisory committee for the program adopts written protocols that shall be followed in the program and that shall contain all of the following: (A) Provision of written information to individuals to be assessed that shall include, but not be limited to, the following: (i) The potential risks and benefits of assessment procedures to be performed in the program. (ii) The limitations, including the nondiagnostic nature, of assessment examinations of biological specimens performed in the program. (iii) Information regarding the risk factors or markers targeted by the program. (iv) The need for followup with licensed sources of care for confirmation, diagnosis, and treatment as appropriate. (B) Proper use of each device utilized in the program including the operation of analyzers, maintenance of equipment and supplies, and performance of quality control procedures including the determination of both accuracy and reproducibility of measurements in accordance with instructions provided by the manufacturer of the assessment device used. (C) Proper procedures to be employed when collecting blood, if blood specimens are to be obtained. (D) Proper procedures to be employed in handling and disposing of all biological specimens to be obtained and material contaminated by those biological specimens. These procedures shall comply with all county and city ordinances for medical waste management and blood-borne pathogen control that apply to the location where the program operates. (E) Proper procedures to be employed in response to fainting, excessive bleeding, or other medical emergencies. (F) Documentation that the testing personnel are following the instructions of the instrument’s manufacturer, are trained in the performance of the test, and are competent to perform the testing without supervision. (G) Reporting of assessment results to the individual being assessed. (H) Referral and followup to licensed sources of care as indicated. The written protocols adopted by the supervisory committee shall be maintained for at least one year following completion of the assessment program during which period they shall be subject to review by department personnel and the local health officer or his or her designee, including the public health laboratory director. (b) If skin puncture to obtain a blood specimen is to be performed in a program of nondiagnostic general health assessment, the individual performing the skin puncture shall be authorized to perform skin puncture under this chapter. (c) A program of nondiagnostic general health assessment that fails to meet the requirements set forth in subdivisions (a) and (b) shall not operate. (d) For purposes of this section, “skin puncture” means the collection of a blood specimen by the finger prick method only and does not include venipuncture, arterial puncture, or any other procedure for obtaining a blood specimen. (e) Nothing in this chapter shall be interpreted as prohibiting a licensed clinical laboratory from operating a program of nondiagnostic general health assessment provided that the clinical laboratory complies with the requirements of this section. (f) A program for a health fair providing diagnostic or screening tests is not a nondiagnostic general health assessment program if all of the requirements of this chapter are met, and the laboratory performing the testing is licensed or registered under subdivision (a) of Section 1265. For a test that is not authorized for self-ordering pursuant to Section 1246.5 and that is not for a nondiagnostic general health assessment pursuant to this section, the licensed or registered clinical laboratory participating in the health fair shall assure that the test is ordered on-site only by a person licensed under this division who is authorized under his or her scope of practice to order the test or by a person authorized by that licensee. The results of a test performed at a health fair shall be provided to the test subject along with an explanation of the results. (Amended by Stats. 2004, Ch. 450, Sec. 3. Effective January 1, 2005.)
  199. 1244.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    Before operating a nondiagnostic general health assessment program, the operator must file required documentation with the local health officer; later changes in location, dates, or times must be reported in writing at least 24 hours before the changed operation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1244.1. Thirty days prior to operating a program of nondiagnostic general health assessment, the entity or person operating that program shall file the following documentation with the local health officer in each county in which the program shall operate: (a) The location of the program, the type and kind of nondiagnostic general health assessments being conducted, the dates and times of operation of programs, and evidence that the program shall be operated in compliance with Section 1244. (b) The local health officer shall be notified in writing of any changes to occur in locations, dates, or times indicated in the documentation required in subdivision (a). The local health officer shall be notified of any changes at least 24 hours prior to the program operating at the different locations, dates, or times. (Added by Stats. 1990, Ch. 195, Sec. 5. Effective July 9, 1990.)
  200. 1244.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. )

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    Local health officers, or their authorized designees, are responsible for enforcing Sections 1244 and 1244.1. The department may also use necessary enforcement actions to protect public health and safety.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1244.3. Responsibility for enforcement of Sections 1244 and 1244.1 shall be with the local health officer or his or her authorized designee, including public health laboratory directors. Nothing in this section shall prevent the department from using any necessary enforcement actions for the protection of the public health and safety. (Added by Stats. 1990, Ch. 195, Sec. 6. Effective July 9, 1990.)

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