Business and Professions Code — Part 41 | BPC — United States — California law | Esheria

Business and Professions Code

Part 41 of 52 · provisions 8,001–8,200

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. 6236.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )

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    The State Bar must do outreach about the Attorney Diversion and Assistance Program.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6236. The State Bar shall actively engage in outreach activities to make licensees, the legal community, and the general public aware of the existence and availability of the Attorney Diversion and Assistance Program. Outreach shall include, but not be limited to, the development and certification of minimum continuing legal education courses relating to behavioral health issues and the prevention, detection, and treatment of substance abuse, including no-cost and low-cost programs and materials pursuant to subdivision (d) of Section 6070, informing all licensees of the State Bar of the program’s existence and benefits through both direct communication and targeted advertising, working in coordination with the judicial branch to inform the state’s judges of the program’s existence and availability as a disciplinary option, and working in cooperation with organizations that provide services and support to attorneys with issues related to behavioral health or substance abuse. (Amended by Stats. 2022, Ch. 419, Sec. 13. (AB 2958) Effective September 18, 2022.)
  2. 6237.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. )

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    The Legislature says authorizing an Attorney Diversion and Assistance Program should not be read as limiting the California Supreme Court’s power to disbar or discipline State Bar licensees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 15. Attorney Diversion and Assistance Act [6230 - 6237] ( Article 15 added by Stats. 2001, Ch. 129, Sec. 2. ) ## 6237. It is the intent of the Legislature that the authorization of an Attorney Diversion and Assistance Program not be construed as limiting or altering the powers of the Supreme Court of this state to disbar or discipline licensees of the State Bar. (Amended by Stats. 2018, Ch. 659, Sec. 145. (AB 3249) Effective January 1, 2019.)
  3. 6240.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. )

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    This section defines “immigration reform act” and “immigration reform act services,” and requires the State Bar to announce and post on its website when certain federal immigration actions are enacted or issued.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. ) ## 6240. For purposes of this article, the following definitions apply: (a) “Immigration reform act” means either of the following: (1) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an authorized period, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted. (2) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued. (b) (1) “Immigration reform act services” means services offered in connection with an immigration reform act that are exclusively for the purpose of preparing an application and other related initial processes in order for an undocumented immigrant, who entered the United States without inspection, who did not depart after the expiration of a nonimmigrant visa, or who stayed beyond an approved period pursuant to a visa, to attain a lawful status under federal law or to otherwise remain in the country. (2) Immigration reform act services do not include services that have an independent value apart from the preparation of an application pursuant to an immigration reform act and other related initial processes, including, but not limited to, assisting a client in preventing removal from the United States, preventing any other adverse action related to the ability to remain in the United States, including pending legal action, and achieving postconviction relief from prior criminal convictions. (Amended by Stats. 2015, Ch. 6, Sec. 1. (AB 60) Effective June 17, 2015.)
  4. 6241.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. )

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    This article applies to certain attorneys providing immigration reform act services, including active State Bar licensees and some non-active attorneys authorized by federal law and working in California.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. ) ## 6241. This article shall apply to the following: (a) An attorney who is an active licensee of the State Bar who provides immigration reform act services. (b) An attorney who is not an active licensee of the State Bar, but who meets both of the following: (1) The attorney is authorized by federal law to practice law and to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. (2) The attorney is providing immigration reform act services in an office or business in California. (Amended by Stats. 2018, Ch. 659, Sec. 146. (AB 3249) Effective January 1, 2019.)
  5. 6242.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. )

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    An attorney may not take advance payment for certain immigration reform act services before the relevant reform measure is enacted or implemented, and some prepaid funds must be refunded or held in trust.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. ) ## 6242. (a) It is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following: (1) An immigration reform act as defined in paragraph (1) of subdivision (a) of Section 6240, before the enactment of that act, when the relevant form or application is released or announced and is not subject to any pending legal action, or when the acceptance date of the relevant form or application has been announced, whichever is sooner. (2) (A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. (B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in paragraph (2) of subdivision (a) of Section 6240, before the date the United States Citizenship and Immigration Services begins accepting those requests. (C) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available. (b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds or placed into a client trust account, which must be returned or utilized under the provisions of the act amending this subdivision no later than January 20, 2017. (c) (1) If an attorney providing immigration reform act services accepted funds for immigration reform act services prior to the effective date of this amendment to this section, and the services to be performed in connection with payment of those funds were rendered, the attorney shall promptly, but no later than 30 days after the effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered. (2) (A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall be either refunded to the client or deposited in a client trust account. (B) If an attorney deposits funds in a client trust account pursuant to this paragraph, he or she shall provide a written notice, in both English and the client’s native language, informing the client of the following: (i) That there are no benefits or relief available, and that no application for such benefits or relief may be processed, until enactment or implementation of an immigration reform act and the related necessary federal regulations or forms, and that, commencing with the effective date of this amendment to this section, it is unlawful for an attorney to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act. (ii) That he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities. (Amended by Stats. 2015, Ch. 6, Sec. 2. (AB 60) Effective June 17, 2015.)
  6. 6243.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. )

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    Attorneys providing immigration reform act services must give clients a written complaint notice, include contact details, attach or incorporate it into written contracts, and follow language requirements; the State Bar must provide and post the notice form and translations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 16. Attorneys Providing Immigration Reform Act Services [6240 - 6243] ( Article 16 added by Stats. 2013, Ch. 574, Sec. 2. ) ## 6243. (a) (1) When a contract for legal services is required in writing pursuant to Section 6148, or is subject to Section 1632 of the Civil Code, an attorney providing immigration reform act services shall provide a written notice informing the client that he or she may report complaints to the Executive Office for Immigration Review of the United States Department of Justice, to the State Bar of California, or to the bar of the court of any state, possession, territory, or commonwealth of the United States or of the District of Columbia where the attorney is admitted to practice law. The notice shall include the toll-free telephone numbers and Internet Web sites of those entities. (2) The notice shall be in English and in one of the languages of the forms translated by the State Bar pursuant to paragraph (1) of subdivision (b), if the contract for immigration reform act services was negotiated in one of those languages. (3) The notice shall be attached or incorporated into any written contract for immigration reform act services. If the notice is attached to a written contract, it shall be signed by both the attorney and the client. (b) (1) The State Bar shall provide the form of the notice required in subdivision (a) and shall post the form and translations on its Internet Web site. The State Bar shall translate the form into the following languages: Spanish, Chinese, Tagalog, Vietnamese, Korean, Armenian, Persian, Japanese, Russian, Hindi, Arabic, French, Punjabi, Portuguese, Mon-Khmer, Hmong, Thai, Gujarati. The State Bar, upon request, may translate the forms into other languages. (2) Notwithstanding paragraph (1), an attorney providing immigration reform act services who meets the criteria of subdivision (b) of Section 6241 shall be responsible for adding and translating the name of, toll-free telephone number of, and information on the Internet Web site for, the bar of the court of any state, possession, territory, or commonwealth of the United States or the District of Columbia in which he or she is admitted to practice law. (c) Failure to comply with any provision of this section renders the contract voidable at the option of the client, and the attorney shall, upon the contract being voided, be entitled to collect a reasonable fee. (d) This section shall become operative when the State Bar posts on its Internet Web site the form and translations required by paragraph (1) of subdivision (b). The State Bar shall post the form and translations as soon as practicable, but no later than 45 days after the effective date of this section. (Added by Stats. 2013, Ch. 574, Sec. 2. (AB 1159) Effective October 5, 2013. Section operative on date prescribed by its own provisions.)
  7. 6250.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    This section defines key terms for California consumer legal funding and limits charges to 36 months from the funding date.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6250. (a) “Charges” means the amount of money to be paid to the consumer legal funding company by or on behalf of the consumer, above the funded amount provided by or on behalf of the company to a California consumer pursuant to this article. Charges include all administrative, origination, underwriting, or other fees, including interest, no matter how denominated. Those charges shall not exceed 36 months from the funding date. (b) “Consumer” means a natural person who has a pending legal claim and who resides or is domiciled in California. (c) “Consumer legal funding” means a nonrecourse transaction in which a consumer legal funding company purchases and a consumer assigns to the company a contingent right to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumer’s legal claim. (d) “Consumer legal funding company” means a person or entity that enters into a consumer legal funding contract with a consumer. A consumer legal company shall not include any of the following: (1) An immediate family member of the consumer. (2) A bank, lender, or other special purpose entity that is engaged in either of the following: (A) Provides financing to a consumer legal funding company. (B) Receives a security interest or transfer of rights from a consumer legal funding company. (3) An attorney or accountant who provides services to a consumer. (e) “Funded amount” means the amount of moneys provided to, or on behalf of, the consumer through a transaction meeting the definition of consumer legal funding. (f) “Funding date” means the date on which the funded amount is transferred to the consumer by the consumer legal funding company either by personal delivery, wire, automated clearing house, or other electronic means, or mailed by insured, certified, or registered United States mail. (g) “Immediate family member” means a parent, sibling, child by blood, adoption, or marriage, spouse, domestic partner, cohabitant, stepchild, immediate in-law, aunt, uncle, first cousin, grandparent, or grandchild. (h) “Legal claim” means a bona fide civil claim or cause of action. (i) “Resolution date” means the date the funded amount, plus the agreed upon charges, are delivered to the consumer legal funding company by the consumer or the consumer’s attorney. (j) Nothing in this article shall apply to support legal services rendered to an attorney regarding the legal claim. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  8. 6251.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    Consumer legal funding transactions must be in a written contract, and the contract must include specified disclosures and attorney acknowledgement terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6251. (a) (1) All consumer legal funding transactions shall be codified in a written contract. (2) If the consumer legal funding contract was negotiated in a language other than English, the consumer shall be provided a copy of the contract in both English and the language in which the contract was negotiated. (b) All contracts codifying a consumer legal funding transaction shall meet the following requirements: (1) The contract shall be drafted in plain English such that the average consumer can read and understand the terms of the contract without having to obtain the assistance of a professional. (2) All contract terms shall be contained in the agreement when first presented to the consumer. (3) The contract shall contain a right of rescission allowing the consumer to cancel the contract without penalty or further obligation if, within five business days after the funding date, the consumer returns all funds disbursed by the consumer legal funding company. (4) The contract requires the consumer to initial receipt of every page of the agreement. (5) The contract contains a statement that there shall be no fees or charges to be paid by the consumer other than what is disclosed in the contract. (6) The contract contains a statement of the maximum amount the consumer may be obligated to pay under the contract other than in a case of material breach, fraud, or misrepresentation by or on behalf of the consumer. (7) The contract contains a clear statement of how charges, including any applicable fees, are incurred or accrued. (c) The contract shall contain a written acknowledgement by an attorney retained by the consumer attesting to the following: (1) The attorney has reviewed the disclosures specified in Section 6252 with the consumer. (2) The attorney is being compensated on a contingency basis pursuant to a written agreement. (3) All proceeds of the legal claim will be disbursed through the attorney’s client trust account or a separate settlement fund established to receive the proceeds of the legal claim on behalf of the consumer. (4) The attorney agrees to disburse funds from the legal claim in accordance with the contract and take any steps necessary to ensure that the terms of the litigation funding contract are fulfilled. (5) A statement that the attorney has not received a referral fee or other consideration from the consumer legal funding company in connection with the contract and that the attorney will not receive future fees or consideration from the legal funding company. (d) The absence of the acknowledgement required by subdivision (c) shall render the consumer legal funding transaction and associated contract null and void. (e) Notwithstanding subdivision (d), a contract for a consumer legal funding transaction shall remain valid and enforceable in the event the consumer terminates the attorney who made the attestation required pursuant to subdivision (c). (f) Notwithstanding any other law, a provision of the contract for a consumer legal funding transaction shall not impose a prepayment penalty on a consumer. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  9. 6252.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    Consumer legal funding contracts must disclose key terms, allow the consumer to cancel within five business days if the disbursed funds are returned, prevent the funding company from deciding claim settlement terms, and let the company request updated claim-status information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6252. (a) All contracts for a consumer legal funding transaction shall disclose material terms to the consumer, including, but not limited to, all of the following: (1) Clear and conspicuous language, on the first page of the contract, detailing all of the following: (A) The funded amount to be paid to the consumer by the consumer legal funding company upon the completion of litigation. (B) An itemization of any one-time charges. (C) The maximum total amount to be assigned by the consumer to the consumer litigation funding company, including the funded amount and all charges. (D) A repayment schedule, including the dates in which all payments are due to the consumer litigation funding company. (2) A disclosure stating, “Consumer’s right to cancellation: You may cancel this contract without penalty or further obligation within five business days after the funding date if you return to the consumer legal funding company the full amount of the disbursed funds.” (3) (A) A disclosure stating that the consumer legal funding company shall have no role in deciding whether, when, or for what dollar amount a legal claim may be settled. (B) Notwithstanding subparagraph (A), the consumer legal funding company may seek updated information about the status of the legal claim. (b) All contracts for a consumer legal funding transaction shall require the consumer or the consumer’s attorney to notify the consumer legal funding company of the outcome of the legal claim, including, but not limited to, all settlements, verdicts, or other means of dispute resolution. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  10. 6253.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    The contracted amount paid to the consumer legal funding company must be a predetermined amount based on time intervals from the funding date to the resolution date, not a percentage of the recovery.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6253. The contracted amount to be paid to the consumer legal funding company shall be a predetermined amount based upon intervals of time from the funding date through the resolution date, and shall not be determined as a percentage of the recovery from the legal claim. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  11. 6254.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    Consumer legal funding companies are barred from paying or receiving attorney referral consideration, giving misleading information, directing customers to specific attorneys, funding certain claims without satisfying prior assignments, controlling claim decisions, seeking waivers of consumer rights, paying legal costs from the funding transaction, conditioning funding on changing counsel, or helping fabricate claims.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6254. (a) A consumer legal funding company shall be prohibited from doing any of the following: (1) Paying or offering to pay commissions, referral fees, or other forms of consideration to any attorney, law firm, or any of their employees for referring a consumer to the company. (2) Accepting any commissions, referral fees, rebates, or other forms of consideration from an attorney, law firm, or any of their employees. (3) Intentionally providing a consumer materially false or misleading information regarding its products or services. (4) (A) Referring, in furtherance of legal funding, a customer or potential customer to a specific attorney, law firm, or any of their employees. (B) Nothing in subparagraph (A) shall prevent a consumer legal funding company from referring a consumer to a publicly available attorney referral service operated by a local bar association of the State Bar of California. (5) Providing funding to a consumer who has previously assigned or sold portions of the consumer’s right to proceeds from the consumer’s legal claim without first making payment to satisfy that assignment if the consumer legal funding company knew or should have known that the consumer had assigned or sold a portion of their rights to the proceeds of the consumer’s legal claim. (6) Receiving any right to, or making, any decisions with respect to the conduct of the underlying legal claim or any settlement or resolution thereof. (7) Attempting to obtain a waiver of any remedy or right by the consumer, including, but not limited to, the right to trial by jury. (8) Paying or offering to pay for court costs, filing fees, or attorney’s fees either during or after the resolution of the legal claim, using funds from the consumer legal funding transaction. (9) Offering consumer legal funding on the condition that a consumer that is represented by counsel terminate that representation and adopt counsel recommended by the consumer legal funding company. (10) Knowingly assisting a lawyer or law firm that is enticing or intends to entice a consumer to bring a claim that the company knows or has reason to know is fabricated or otherwise not brought in good faith. (b) Any legal funding company that engages in conduct that is prohibited by subdivision (a) shall be liable for all of the following: (1) Automatic termination of the contract for the consumer legal funding transaction. (2) Statutory damages not to exceed ten thousand dollars ($10,000) per violation or three times the actual damages incurred by the consumer, whichever is greater. (3) Attorney’s costs and fees. (4) Injunctive or declaratory relief. (c) In assessing the amount of statutory damages to be set pursuant to paragraph (2) of subdivision (b), the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  12. 6255.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

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    A consumer may assign the contingent right to receive part of the potential proceeds of a legal claim.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6255. The contingent right to receive an amount of the potential proceeds of a legal claim is assignable by a consumer. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  13. 6256.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. )

    Verify source ↗

    Attorneys covered by this section cannot have financial interests in consumer legal funding companies, cannot provide consumer legal funding directly to consumers, cannot disclose privileged information to legal funding companies without written consumer consent, and cannot pay for recommendations except in listed permitted ways.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 4. Attorneys [6000 - 6256] ( Chapter 4 added by Stats. 1939, Ch. 34. ) ## ARTICLE 17. The California Consumer Legal Funding Act [6250 - 6256] ( Article 17 added by Stats. 2025, Ch. 565, Sec. 3. ) ## 6256. (a) An attorney, or the attorney’s immediate family, retained by a consumer shall not have a financial interest in a consumer legal funding company offering consumer legal funding, and shall not provide consumer legal funding directly to a consumer. (b) Any attorney who has referred the consumer to the consumer’s retained attorney shall not have a financial interest in a consumer legal funding company offering consumer legal funding to that consumer. (c) An attorney retained by a consumer shall not disclose any privileged information to a legal funding company without the written consent of the consumer. Disclosing information to a legal funding company at the consumer’s request shall not otherwise void the attorney-client privilege. (d) An attorney shall not compensate, promise, or give anything of value to a person for the purpose of recommending or securing the services of the attorney or the attorney’s law firm, except that an attorney may do the following: (1) Pay the reasonable costs of advertisements or communications permitted by Rule 7.2 of the California Rules of Professional Conduct, or any successor rule. (2) Pay the usual charges of a legal services plan or a qualified attorney referral service operating in accordance with the rules established by the state bar. (3) Pay for a law practice operating in accordance with Rule 1.17 of the California Rules of Professional Conduct, or any successor rule. (4) Refer clients to another attorney or a nonlawyer professional pursuant to an arrangement not otherwise prohibited by the California Rules of Professional Conduct or this chapter. (e) Any attorney who violates this section shall be subject to discipline by the State Bar of California. (Added by Stats. 2025, Ch. 565, Sec. 3. (AB 931) Effective January 1, 2026.)
  14. 6300.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    Each county has a board of law library trustees, and that board governs the county law library.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6300. There is in each county of this State a board of law library trustees, which governs the law library established for the county under the provisions of this chapter. (Added by Stats. 1941, Ch. 452.)
  15. 6301.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    This section sets how a county law library board of trustees is formed and who may serve on it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6301. (a) Except as otherwise provided by statute, a board of law library trustees is constituted as follows: (1) In a county where there are no more than three judges of the superior court, each of those judges is ex officio a trustee. The judges may at their option select only one of their number to serve as a trustee, and in that event they shall appoint two additional trustees who are residents of the county or members of the State Bar. (2) In a county where there are more than three judges of the superior court, the judges of that court shall elect either four or five of their number to serve as trustees. (3) Any judge of the superior court who is an ex officio or elected member may, at the judge’s option, designate a resident of the county or a member of the State Bar to act for the judge as trustee. (4) The chair of the board of supervisors is ex officio a trustee, but the board of supervisors at the request of the chair may appoint a member of the State Bar, any other member of the board of supervisors of the county, or a resident of the county to serve as trustee in place of the chair. The appointment of the person selected in place of the chair of the board of supervisors shall expire when a new chair of the board of supervisors is selected, and that appointment shall not be subject to the provisions of Section 6302. (5) The board of supervisors shall appoint as many additional trustees, who are members of the State Bar, as may be necessary to constitute a board of at least six and not more than seven members. (b) No more than two law library trustees may be residents of the county who are not judges of the county, members of the State Bar, or members of the board of supervisors of the county. (Amended by Stats. 2001, Ch. 52, Sec. 1. Effective January 1, 2002.)
  16. 6301.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    In San Diego County, the law library trustees board must be made up under special rules for judges and attorney appointments.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6301.1. Notwithstanding Section 6301, in San Diego County the board of law library trustees shall be constituted, as follows: (a) Up to five judges of the superior court, to be elected by and from the superior court judges of the county. Each superior court judge so elected shall serve a three-year term. In order to maintain overlapping terms, those judges holding office as of the date of unification of the municipal and superior courts of San Diego County shall remain in office until the expiration of their original terms. (b) The board of supervisors shall appoint up to four attorneys resident in the county to the board of law library trustees, to serve overlapping three-year terms. In order to stagger the appointments, the board of supervisors shall, in January of 1997, appoint one attorney to a one-year term, one attorney to a two-year term, and one attorney to a three-year term; and as each term expires, the new appointee shall thereafter serve three-year terms. At least one attorney appointed pursuant to this subdivision shall be a member of the San Diego County Bar Association. (c) In the event a trustee cannot serve a full term, the appointing authority for that individual shall appoint another qualified person to complete that term. Interim appointments may be made by the board of law library trustees in accordance with Section 6305. (Amended by Stats. 2009, Ch. 332, Sec. 1.1. (SB 113) Effective January 1, 2010.)
  17. 6301.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    In counties with no more than three superior court judges, the board of supervisors may reduce the number of law library trustees to at least three members if the majority of incumbent superior court judges concur.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6301.5. In any county where there are no more than three judges of the superior court, the board of supervisors, with the concurrence of the majority of the incumbent judges of the superior court, may reduce the number of law library trustees to not less than three members. (Amended by Stats. 2001, Ch. 52, Sec. 2. Effective January 1, 2002.)
  18. 6302.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    The county board of supervisors must appoint law library trustees at the first meeting after the law library is established, and then appoint trustees again each succeeding January for one-year terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6302. Appointments of trustees which are to be made by the board of supervisors of the county shall be made at the first meeting of the board of supervisors after the establishment of a law library in the county, the appointees to serve until the first meeting of the board of supervisors in the succeeding January. The board shall, at any such meeting in each succeeding January, appoint such trustees to serve for the term of one year. (Added by Stats. 1941, Ch. 452.)
  19. 6302.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    In Los Angeles County, superior court judges’ appointments are for four-year terms and county board of supervisors appointments are for two-year terms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6302.5. (a) Notwithstanding any other provision of law, in Los Angeles County appointments made by judges of the superior court shall be for a term of four years, and appointments made by the board of supervisors of the county shall be for a term of two years. (b) The terms of no more than three judge-appointed members shall expire in the same year. (c) The term of one member appointed by the board of supervisors shall expire each year. (Amended by Stats. 2002, Ch. 784, Sec. 3. Effective January 1, 2003.)
  20. 6303.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A trustee serves without salary or other compensation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6303. The office of trustee is honorary, without salary or other compensation. (Added by Stats. 1941, Ch. 452.)
  21. 6304.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    Law library trustee boards must meet quarterly at a designated place, and the board president may call special meetings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6304. Each board of law library trustees shall meet quarterly on a day it appoints, and any board may meet at other times as it appoints, at a place to be designated for that purpose. The president of the board may call a special meeting at any time for the transaction of necessary business. A majority of the members constitutes a quorum for business, and an affirmative vote of a majority of the members is required to exercise the powers of the board. (Amended by Stats. 2024, Ch. 51, Sec. 1. (AB 170) Effective July 2, 2024.)
  22. 6305.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    The board of law library trustees may remove a trustee who misses three consecutive board meetings, except an ex officio trustee, and may fill board vacancies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6305. A board of law library trustees may remove any trustee, except an ex officio trustee, who is absent from three consecutive meetings of the board, and may fill all vacancies that from any cause occur in the board. (Amended by Stats. 2009, Ch. 332, Sec. 1.2. (SB 113) Effective January 1, 2010.)
  23. 6306.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    Each board must appoint one of its members as president.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6306. Each board shall appoint one of its number as president. (Added by Stats. 1941, Ch. 452.)
  24. 6307.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    Each board must elect a secretary. The secretary must keep full accounts and written minutes of the board’s property, money, receipts, expenditures, and proceedings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 1. Boards of Law Library Trustees [6300 - 6307] ( Article 1 added by Stats. 1941, Ch. 452. ) ## 6307. Each board shall elect a secretary, who shall keep a full statement and account of all property, money, receipts and expenditures, and shall keep a record and full minutes in writing, with the ayes and noes at length, of all proceedings of the board. Under the secretary’s hand, the proceedings may be verified by an official seal adopted and provided by the board for that purpose. (Amended by Stats. 2009, Ch. 332, Sec. 1.3. (SB 113) Effective January 1, 2010.)
  25. 6340.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    Each board of law library trustees must establish and maintain a law library at the county seat of the county where it is appointed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6340. Each board of law library trustees shall establish and maintain a law library at the county seat of the county in which it is appointed and may lease suitable quarters therefor or construct quarters pursuant to the provisions of this chapter, and may provide leased or constructed quarters with suitable furniture and utility services. (Amended by Stats. 1959, Ch. 1076.)
  26. 6341.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    Boards of law library trustees may establish and maintain law library branches in specified cities and counties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6341. Any board of law library trustees may establish and maintain a branch of the law library in any city in the county, other than the county seat, in which a session of the superior court is held. In any city constituting the county seat, any board of law library trustees may establish and maintain a branch of the law library at any location therein where four or more judges of the superior court are designated to hold sessions more than 10 miles distant from the principal office of the court. In any city and county any board of law library trustees may establish and maintain branches of the law library. A branch is in all respects a part of the law library and is governed accordingly. (Amended by Stats. 2002, Ch. 784, Sec. 5. Effective January 1, 2003.)
  27. 6342.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board of law library trustees may pay authorized liabilities or expenditures from the law library fund, using properly authenticated vouchers, and may do whatever is necessary to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6342. A board of law library trustees may order the drawing and payment, upon properly authenticated vouchers, of money from out of the law library fund, for any liability or expenditure herein authorized, and generally do all that may be necessary to carry into effect the provisions of this chapter. (Amended by Stats. 2009, Ch. 332, Sec. 1.6. (SB 113) Effective January 1, 2010.)
  28. 6343.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board may make and enforce rules for the law library and may spend money on maintaining, repairing, protecting, and insuring its property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6343. A board may make and enforce all rules, regulations, and by-laws necessary for the administration, government, and protection of the law library, and of all property belonging thereto, or that may be loaned, devised, bequeathed, or donated to it. A board may make expenditures for the suitable maintenance, repair, protection and insurance against loss of such property, both real and personal. (Amended by Stats. 1941, Ch. 453.)
  29. 6344.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board may buy books and other property, and may dispose of obsolete, duplicate, unneeded, or unusable property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6344. A board may purchase books, journals, other publications, and other personal property. It may dispose of obsolete or duplicate books, and other unneeded or unusable property. (Amended by Stats. 1945, Ch. 1113.)
  30. 6345.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board may hire and manage law library staff and may reimburse certain interview and relocation expenses.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6345. A board may appoint a law librarian and define the powers and prescribe the duties of any law library employees, determine the number, and elect all necessary subordinate law librarians and law library employees, and at its pleasure remove any law librarian or law library employees. For the purpose of facilitating the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants, a board may authorize payment of all or a part of the reasonable travel expense of applicants who are called for interview and all or part of the reasonable travel and moving expense of persons who change their place of residence to accept employment with the law library. (Amended by Stats. 2009, Ch. 332, Sec. 1.7. (SB 113) Effective January 1, 2010.)
  31. 6346.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board must set salaries for the law librarian and law library employees, may require a bond, and the bond premium may be paid from the law library fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6346. A board shall fix the salaries of the law librarian and law library employees, and may require a bond of any law librarian or law library employee, in such sum as it may fix. The premium on a bond given by an authorized surety company may be paid from the law library fund. (Amended by Stats. 2009, Ch. 332, Sec. 1.8. (SB 113) Effective January 1, 2010.)
  32. 6346.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board of law library trustees may contract with CalPERS to enroll all or some law library employees in the system.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6346.5. A board of law library trustees may contract with the California Public Employees’ Retirement System, to make all or any of the employees of the law library members of the system. (Amended by Stats. 2009, Ch. 332, Sec. 1.9. (SB 113) Effective January 1, 2010.)
  33. 6346.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    A law library trustees board may, with consent, elect to place law library officers or employees into the county retirement system and treat them as county employees for that retirement system.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6346.6. As an alternative to Section 6346.5, a board of law library trustees may, with the consent of the board of administration of the applicable retirement system, elect to make all or any of the officers or employees of the law library members of the retirement system which covers the officers and employees of the county in which the law library is established and to have the law library officers and employees deemed to be county employees for purposes of that retirement system. In the event of such an election, the employer contributions on behalf of the covered law library officers and employees shall be made from law library funds. (Added by Stats. 1981, Ch. 156, Sec. 1.)
  34. 6347.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    A board may contract with certain law library and similar entities to provide public law library services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6347. A board may contract with any other law library board, law library association, superior court, or legal-related entity, including a self-help group or other organization that provides a similar service, to provide public law library services as may best carry into effect the purposes of this chapter. (Amended by Stats. 2009, Ch. 332, Sec. 1.10. (SB 113) Effective January 1, 2010.)
  35. 6348.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board may use surplus law library funds for property and building costs, and trustees may instead use surplus funds for adequate quarters in a county building, subject to a cap tied to the space used by the library.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348. A board may expend surplus funds under its control, not necessary for use to maintain the law library, to acquire or lease real property and erect thereon a library building to house the law library. In the alternative, a board of law library trustees may appropriate from the surplus funds so much as in the discretion of the board may be necessary to obtain adequate quarters for the law library in any building hereafter erected by the board of supervisors of the county in which the law library is maintained. The moneys so appropriated shall not be more than the proportion of the total cost of the building which the space allotted to the law library bears to the total usable space in the building. The moneys so appropriated may be transferred to the board of supervisors of the county for use in erecting the building, or may be paid directly on contracts for the erection thereof made by the board of supervisors. (Amended by Stats. 2009, Ch. 332, Sec. 1.11. (SB 113) Effective January 1, 2010.)
  36. 6348.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    The law library trustees and county supervisors may agree on conditions for funding quarters for a law library building, and the state, county, or city may provide land for a law library building’s permanent use and access.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.1. An appropriation to obtain quarters for the law library in a building to be erected by the board of supervisors of the county, may be made subject to such terms and conditions, including approval of plans and specifications, and regarding maintenance and use of the quarters, as may be mutually agreed upon by the board of law library trustees and the board of supervisors. Where a board of law library trustees determines to erect a library building to house the law library, the State of California or the county or the city in which the building is to be located, may set apart and dedicate or lease land owned by any of them for the permanent use of the building and access thereto. (Amended by Stats. 1965, Ch. 1069.)
  37. 6348.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A county law library trustees board may borrow money to build a law library building and repay the loan from future income.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.2. When a board of law library trustees in any county determines to erect a library building to house the law library, it may borrow money for that purpose and repay the loan from its future income. The board may borrow the money from any person, or private or public agency, or corporation, in an amount not exceeding half of the funds of the board allocated to the construction of the building, upon such terms as may be agreed upon by the board and the lender and approved by resolution of the board of supervisors of the county. (Amended by Stats. 1987, Ch. 1299, Sec. 1.)
  38. 6348.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    A law library building may include courtrooms and certain offices, and the board of law library trustees may lease those courtrooms and offices.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.3. A library building erected to house the law library may include courtrooms with offices in connection therewith, offices for use of a county bar association, and an office for a notary public and public stenographer, which courtrooms and offices the board of law library trustees may lease, the income to be deposited in the law library fund. (Amended by Stats. 2009, Ch. 332, Sec. 1.12. (SB 113) Effective January 1, 2010.)
  39. 6348.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board may sell, lease, rent, or license real property it acquired, and the proceeds must be deposited in the law library fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.4. Real property acquired by a board may be sold, leased, rented, or licensed with the proceeds to be deposited in the law library fund. (Amended by Stats. 2014, Ch. 201, Sec. 2. (SB 1462) Effective January 1, 2015.)
  40. 6348.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board of law library trustees may invest certain surplus funds in specified government funds or bonds, and may sell those bonds at any time.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.5. A board of law library trustees may invest surplus funds in excess of one hundred thousand dollars ($100,000) or of the average annual expenditures of the library for the four fiscal years immediately preceding the investment, whichever is lesser, in the Local Agency Investment Fund pursuant to Article 11 (commencing with Section 16429.1) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code or bonds of the government of the United States or of this state. Bonds so purchased may be sold at any time in the discretion of the board. In computing average annual expenditures for the purposes of this section, capital expenditures for the purchase of real property and construction of a library building shall not be included. (Amended by Stats. 2009, Ch. 332, Sec. 1.14. (SB 113) Effective January 1, 2010.)
  41. 6348.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    The board of law library trustees may enter contracts with the county board of supervisors to build or provide quarters for a law library building, and the agreement may include agreed terms for plans, furnishing, equipment, maintenance, use, and future-income payments.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.6. A board of law library trustees may contract with the board of supervisors of the county upon such terms as may be mutually agreeable for the construction by the board of supervisors of a law library building or any part thereof or for quarters in a building to be erected by the board of supervisors. The agreement may be made subject to such terms and conditions including approval of plans and specifications, regarding the furnishing and equipping of the building or quarters, and regarding maintenance and use of the quarters, as may be mutually agreed upon by the board of law library trustees and the board of supervisors. The contract may provide that the board of law library trustees shall make payments to the board of supervisors out of future income in payment for constructing or furnishing or equipping the law library building or part thereof or those quarters in a building. Any contract executed by a board of law library trustees and a board of supervisors, which, if executed subsequent to the effective date of this section would be valid, is hereby ratified and validated. (Amended by Stats. 2009, Ch. 332, Sec. 1.15. (SB 113) Effective January 1, 2010.)
  42. 6348.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    A board of law library trustees may make agreements with a county to jointly exercise powers and may lease needed law library space from an authority created under that agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6348.7. A board of law library trustees may enter into an agreement with a county for the joint exercise of powers pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of constructing a building or buildings to house the law library and court or county facilities, without limitation as to the number of courtrooms such building or buildings may contain, and may lease from any authority created pursuant to such agreement the space required for law library purposes. (Added by Stats. 1983, Ch. 31, Sec. 1. Effective May 11, 1983.)
  43. 6349.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

    Verify source ↗

    County law library trustees must file an annual report by October 15 each year and also file a copy with the county auditor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6349. Each board of law library trustees, on or before the 15th day of October of each year, shall make an annual report to the board of supervisors of the county in which the law library is maintained, for the preceding fiscal year ending on the 30th day of June. A copy of the report shall be filed with the auditor of the county. The report shall give the condition of their trust, with full statements of all their property and money received, whence derived, how used and expended, the number of books, periodicals and other publications on hand, the number added by purchase, gift, or otherwise during the year, the number lost or missing, and other information as might be of interest. (Amended by Stats. 2009, Ch. 332, Sec. 1.16. (SB 113) Effective January 1, 2010.)
  44. 6350.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. )

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    The secretary must prepare a financial report showing all receipts and disbursements of money and verify it by oath at the same time the board report is made.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 3. Duties and Powers of Boards [6340 - 6350] ( Article 3 added by Stats. 1941, Ch. 452. ) ## 6350. A financial report, showing all receipts and disbursements of money, shall be made by the secretary, duly verified by oath, at the same time that the report of the board is made. (Amended by Stats. 2009, Ch. 332, Sec. 1.17. (SB 113) Effective January 1, 2010.)
  45. 6360.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. )

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    Law libraries in this chapter must be free for listed public users to examine materials, and the trustees may set rules, permit removals, and charge certain fees or dues.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. ) ## 6360. (a) A law library established under this chapter shall be free to the judiciary, to state and county officials, to members of the State Bar of California, and to all residents of the county, for the examination of books and other publications at the library or its branches. (b) The board of law library trustees may permit the removal of the books and other publications from the library and its branches as it considers proper, subject to those rules, and, in its discretion, the giving of security, as it may provide to ensure the safekeeping and prompt return thereof, but security shall not be required of members of the judiciary or county officials. The board may provide for the levying of fines and charges for violation of the rules, and may make charges for special services, such as the making of photocopies of pages of library books, electronic delivery, messenger and other delivery services, educational programs, special events, and provision of supplies or food services. (c) The board of law library trustees may require persons other than members of the judiciary, county officials, and members of the bar resident in the county, to pay dues as the board may fix for the privilege of removing books and other publications from the library. With the approval of the board of supervisors, the board of law library trustees may charge individual members of the bar resident in the county fees for the removal of books and other publications from the library. These fees shall not exceed the cost of providing the service. (Amended by Stats. 2016, Ch. 86, Sec. 10. (SB 1171) Effective January 1, 2017.)
  46. 6361.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. )

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    County boards of supervisors must provide sufficient quarters for a law library when the trustees request it, unless the trustees have enough surplus funds to provide their own quarters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. ) ## 6361. The board of supervisors of the county in which the law library is established shall provide sufficient quarters for the use of the library upon request of the board of law library trustees, except that the board of supervisors need not provide such quarters when the board of law library trustees determines it has sufficient funds, over and above those necessary for operation and maintenance expenses, to provide its own quarters. Such provision may include, with the room or rooms provided, suitable furniture, window shades, floor coverings, lighting, heat and telephone and janitor service. (Amended by Stats. 1959, Ch. 1076.)
  47. 6362.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. )

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    The State Librarian must periodically provide requesting law libraries with information about newly published materials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. ) ## 6362.5. The State Librarian shall periodically supply to each law library established under the provisions of this chapter, and requesting the same, information regarding newly published materials to aid such libraries in their selection of new materials. (Added by Stats. 1965, Ch. 1385.)
  48. 6363.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. )

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    If an existing law library with a board of trustees is operating under another law, this chapter does not repeal that law and instead gives the library the benefits of specified sections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5. Law Libraries [6300 - 6363] ( Chapter 5 added by Stats. 1941, Ch. 452. ) ## ARTICLE 4. General Provisions [6360 - 6363] ( Article 4 added by Stats. 1941, Ch. 452. ) ## 6363. Whenever a law library, and a board of trustees to govern the same, is in existence under the provisions of any law, other than the law superseded by this chapter, in any county, or city and county, in this State, this chapter shall not be considered a repeal of any legislation under which such library was established and is now governed, but shall be deemed to confer upon such library the benefits of Sections 6321, 6322, 6322.1, 6326, 6341, 6345, 6346, 6346.5, and 6347. (Amended by Stats. 1955, Ch. 1786.)
  49. 6400.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. )

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    Defines “legal document assistant” and related terms, and restricts what legal document assistants may do.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6400. (a) “Unlawful detainer assistant” means any individual who for compensation renders assistance or advice in the prosecution or defense of an unlawful detainer claim or action, including any bankruptcy petition that may affect the unlawful detainer claim or action. (b) “Unlawful detainer claim” means a proceeding, filing, or action affecting rights or liabilities of any person that arises under Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure and that contemplates an adjudication by a court. (c) “Legal document assistant” means: (1) Any person who is not exempted under Section 6401 and who provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing themselves in a legal matter, or who holds themselves out as someone who offers that service or has that authority. This paragraph does not apply to any individual whose assistance consists merely of secretarial or receptionist services. (2) A corporation, partnership, association, or other entity that employs or contracts with any person not exempted under Section 6401 who, as part of their responsibilities, provides, or assists in providing, or offers to provide, or offers to assist in providing, for compensation, any self-help service to a member of the public who is representing themselves in a legal matter or holds themselves out as someone who offers that service or has that authority. This paragraph does not apply to an individual whose assistance consists merely of secretarial or receptionist services. (d) “Self-help service” means all of the following: (1) Completing legal documents in a ministerial manner, selected by a person who is representing themselves in a legal matter, by typing or otherwise completing the documents at the person’s specific direction. (2) Providing general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing themselves in a legal matter, to assist the person in representing themselves. This service, in and of itself, does not require registration as a legal document assistant. (3) Making published legal documents available to a person who is representing themselves in a legal matter. (4) Filing and serving legal forms and documents at the specific direction of a person who is representing themselves in a legal matter. (e) “Compensation” means money, property, or anything else of value. (f) A legal document assistant, including any legal document assistant employed by a partnership or corporation, shall not provide any self-help service for compensation, unless the legal document assistant is registered pursuant to Section 6402. (g) A legal document assistant may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. A legal document assistant shall complete documents only in the manner prescribed by paragraph (1) of subdivision (d). (Amended by Stats. 2020, Ch. 370, Sec. 8. (SB 1371) Effective January 1, 2021. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  50. 6401.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. )

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    This section says the chapter does not apply to certain listed occupations, as long as the person is not also doing the duties of a legal document assistant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6401. This chapter does not apply to any person engaged in any of the following occupations, provided that the person does not also perform the duties of a legal document assistant in addition to those occupations: (a) Any government employee who is acting in the course of their employment. (b) A licensee of the State Bar of California, or their employee, paralegal, or agent, or an independent contractor while acting on behalf of a licensee of the State Bar. (c) Any employee of a nonprofit, tax-exempt corporation who either assists clients free of charge or is supervised by a licensee of the State Bar of California who has malpractice insurance. (d) A licensed real estate broker or licensed real estate salesperson, as defined in Chapter 3 (commencing with Section 10130) of Part 1 of Division 4, who acts pursuant to subdivision (b) of Section 10131 on an unlawful detainer claim as defined in subdivision (b) of Section 6400, and who is a party to the unlawful detainer action. (e) An immigration consultant, as defined in Chapter 19.5 (commencing with Section 22440) of Division 8. (f) A person registered as a process server under Chapter 16 (commencing with Section 22350) of Division 8 or a person registered as a professional photocopier under Chapter 20 (commencing with Section 22450) of Division 8. (g) A person who provides services relative to the preparation of security instruments or conveyance documents as an integral part of the provision of title or escrow service. (h) A person who provides services that are regulated by federal law. (i) A person who is employed by, and provides services to, a supervised financial institution, holding company, subsidiary, or affiliate. (Amended by Stats. 2019, Ch. 128, Sec. 2. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  51. 6401.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    This section says the chapter does not authorize nonlawyers to practice law, and registration or an exemption does not protect anyone from prosecution or liability under certain other sections.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6401.5. This chapter does not sanction, authorize, or encourage the practice of law by nonlawyers. Registration under this chapter, or an exemption from registration, does not immunize any person from prosecution or liability pursuant to Section 6125, 6126, 6126.5, or 6127. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  52. 6401.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    A legal document assistant may not help a client whose requested assistance goes beyond self-help service, and must tell the client to use an attorney.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6401.6. A legal document assistant may not provide service to a client who requires assistance that exceeds the definition of self-help service in subdivision (d) of Section 6400, and shall inform the client that the client requires the services of an attorney. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  53. 6401.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    This chapter stays in force only until January 1, 2030, and is repealed on that date.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 1. General Provisions [6400 - 6401.7] ( Article 1 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6401.7. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2023, Ch. 341, Sec. 1. (AB 690) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Chapter 5.5, comprising Sections 6400 to 6415.)
  54. 6402.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

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    Legal document assistants and unlawful detainer assistants must register with the county clerk and show proof of the bonding requirement; disbarred or suspended persons may not register during the disbarment or suspension.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6402. A legal document assistant or unlawful detainer assistant shall be registered pursuant to this chapter by the county clerk in the county in which their principal place of business is located, and in which they maintain a branch office, and provide proof that the registrant has satisfied the bonding requirement of Section 6405. No person who has been disbarred or suspended from the practice of law pursuant to Article 6 (commencing with Section 6100) of Chapter 4 may, during the period of any disbarment or suspension, register as a legal document assistant or unlawful detainer assistant. The Department of Consumer Affairs shall develop the application required to be completed by a person for purposes of registration as a legal document assistant. The application shall specify the types of proof that the applicant shall provide to the county clerk in order to demonstrate the qualifications and requirements of Section 6402.1. (Amended by Stats. 2019, Ch. 128, Sec. 4. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  55. 6402.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    An applicant for registration as a legal document assistant must meet at least one listed education or experience qualification.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6402.1. To be eligible to apply for registration under this chapter as a legal document assistant, the applicant shall possess at least one of the following: (a) A high school diploma or general equivalency diploma, and either a minimum of two years of law-related experience under the supervision of a licensed attorney, or a minimum of two years experience, prior to January 1, 1999, providing self-help service. (b) A baccalaureate degree in any field and either a minimum of one year of law-related experience under the supervision of a licensed attorney, or a minimum of one year of experience, prior to January 1, 1999, providing self-help service. (c) A certificate of completion from a paralegal program that is institutionally accredited but not approved by the American Bar Association, that requires successful completion of a minimum of 24 semester units, or the equivalent, in legal specialization courses. (d) A certificate of completion from a paralegal program approved by the American Bar Association. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  56. 6402.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    To renew registration, the registrant must complete 15 hours of continuing legal education in the two years before renewal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6402.2. To be eligible to renew registration under this chapter, the registrant shall complete 15 hours of continuing legal education courses, which meet the requirements of Section 6070, during the two-year period preceding renewal. A registrant is not required to complete legal ethics education as part of the required 15 hours of continuing legal education courses. (Amended by Stats. 2018, Ch. 776, Sec. 2. (AB 3250) Effective January 1, 2019. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  57. 6403.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Registration applications must include specified statements and identification, and county clerks must keep the application records for set periods.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6403. (a) The application for registration of a natural person shall contain all of the following statements about the applicant: (1) Name, age, address, and telephone number. (2) Whether the applicant has been convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5. (3) Whether the applicant has been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice. (4) Whether the applicant has ever been convicted of a misdemeanor violation of this chapter. (5) Whether the applicant has had a civil judgment entered against them in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant. (6) Whether the applicant has had a registration revoked pursuant to Section 6413. (7) If the application is for a renewal of registration, a statement by the applicant that they have completed the legal education courses required by Section 6402.2. (b) The application for registration of a natural person shall be accompanied by the display of personal identification, such as a California driver’s license, birth certificate, or other identification acceptable to the county clerk to adequately determine the identity of the applicant. (c) The application for registration of a partnership or corporation shall contain all of the following statements about the applicant: (1) The names, ages, addresses, and telephone numbers of the general partners or officers. (2) Whether the general partners or officers have ever been convicted of a felony, or a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5. (3) Whether the general partners or officers have ever been held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice. (4) Whether the general partners or officers have ever been convicted of a misdemeanor violation of this chapter. (5) Whether the general partners or officers have had a civil judgment entered against them in an action arising out of a negligent, reckless, or willful failure to properly perform the obligations of a legal document assistant or unlawful detainer assistant. (6) Whether the general partners or officers have ever had a registration revoked pursuant to Section 6413. (7) If the application is for a renewal of registration, a statement by the applicant that the individuals performing legal document assistant or unlawful detainer assistant services have completed the legal education courses required by Section 6402.2. (d) The applications made under this section shall be made under penalty of perjury. (e) The county clerk shall retain the application for registration for a period of three years following the expiration date of the application, after which time the application may be destroyed if it is scanned or if the conditions specified in Section 26205.1 of the Government Code are met. If the application is scanned, the scanned image shall be retained for a period of 10 years, after which time that image may be destroyed and, notwithstanding Section 26205.1 of the Government Code, no reproduction thereof need be made or preserved. (Amended by Stats. 2019, Ch. 128, Sec. 5. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  58. 6404.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    An applicant must pay $175 to the county clerk when filing for initial or renewal registration, plus $10 for each additional identification card.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6404. An applicant shall pay a fee of one hundred seventy-five dollars ($175) to the county clerk at the time the applicant files an application for initial registration or renewal of registration. An additional fee of ten dollars ($10) shall be paid to the county clerk for each additional identification card. (Amended by Stats. 2019, Ch. 128, Sec. 6. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  59. 6405.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

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    Registration applications must include a bond, or a cash deposit may be used instead in some cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6405. (a) (1) An application for a certificate of registration by an individual shall be accompanied by a bond of twenty-five thousand dollars ($25,000) executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to twenty-five thousand dollars ($25,000). (2) An application for a certificate of registration by a partnership or corporation shall be accompanied by a bond executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter in the following amount, based on the total number of legal document assistants and unlawful detainer assistants employed by the partnership or corporation: (A) Twenty-five thousand dollars ($25,000) for one to four assistants. (B) Fifty thousand dollars ($50,000) for five to nine assistants. (C) One hundred thousand dollars ($100,000) for 10 or more assistants. An application for a certificate of registration by a person employed by a partnership or corporation shall be accompanied by a bond of twenty-five thousand dollars ($25,000) only if the partnership or corporation has not posted a bond in the amount required by this subdivision. (3) If a partnership or corporation increases the number of assistants it employs above the number stated in its application for a certificate of registration, the partnership or corporation shall promptly increase the bond to the applicable amount in subparagraphs (B) or (C) of paragraph (2) based on the actual number of assistants it employs, and shall promptly submit the increased bond to the county clerk. (4) The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure. (b) The county clerk shall, upon filing of the bond, deliver the bond forthwith to the county recorder for recording. The recording fee specified in Section 27361 of the Government Code shall be paid by the registrant. The fee may be paid to the county clerk who shall transmit it to the recorder. (c) The fee for filing, canceling, revoking, or withdrawing the bond is seven dollars ($7). (d) The county recorder shall record the bond and any notice of cancellation, revocation, or withdrawal of the bond, and shall thereafter mail the instrument, unless specified to the contrary, to the person named in the instrument and, if no person is named, to the party leaving it for recording. The recording fee specified in Section 27361 of the Government Code for notice of cancellation, revocation, or withdrawal of the bond shall be paid to the county clerk, who shall transmit it to the county recorder. (e) In lieu of the bond required by subdivision (a), a registrant may deposit the amount required by subdivision (a) in cash with the county clerk. (f) If the certificate is revoked, the bond or cash deposit shall be returned to the bonding party or depositor subject to subdivision (g) and the right of a person to recover against the bond or cash deposit under Section 6412. (g) The county clerk may retain a cash deposit until the expiration of three years from the date the registrant has ceased to do business, or three years from the expiration or revocation date of the registration, in order to ensure there are no outstanding claims against the deposit. A judge may order the return of the deposit prior to the expiration of three years upon evidence satisfactory to the judge that there are no outstanding claims against the deposit. (h) The bond required by this section shall be in favor of the State of California for the benefit of any person who is damaged as a result of the violation of this chapter or by the fraud, dishonesty, or incompetency of an individual, partnership, or corporation registered under this chapter. The bond required by this section shall also indicate the name of the county in which it will be filed. (Amended by Stats. 2015, Ch. 295, Sec. 7. (AB 285) Effective January 1, 2016. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  60. 6406.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

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    This section sets how long a registration certificate lasts, when it may be renewed, and when an application must be denied, returned, appealed, or granted.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6406. (a) If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first. (b) Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following: (1) Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5. (2) Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive business practice. (3) Convicted of a misdemeanor violation of this chapter. (4) Had a civil judgment entered against them in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant. (5) Had their registration revoked pursuant to Section 6413. (c) If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal. (d) The denial of an application may be appealed by the applicant by submitting, to the director, the following: (1) The completed application and notice from the county clerk specifying the reasons for the denial of the application. (2) A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application. (3) Any relevant information the applicant wishes to include for the record. (e) The director shall order the applicant’s certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicant’s unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicant’s certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicant’s unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter. (f) If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information. (Amended by Stats. 2019, Ch. 128, Sec. 7. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  61. 6407.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    The county clerk must keep registers for legal document assistants and unlawful detainer assistants, assign each a unique number, and issue identification cards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 2. Registration Procedures [6402 - 6407] ( Article 2 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6407. (a) The county clerk shall maintain a register of legal document assistants, and a register of unlawful detainer assistants, assign a unique number to each legal document assistant, or unlawful detainer assistant, and issue an identification card to each one. Upon renewal of registration, the same number shall be assigned, provided that the applicant is renewing registration in the same county in which they were previously registered and there is no lapse of three or more years in the period of registration. (b) The identification card shall be a card not less than three and one-quarter by two inches, and shall contain at the top, the title “Legal Document Assistant” or “Unlawful Detainer Assistant,” as appropriate, followed by the registrant’s name, address, registration number, date of expiration, and county of registration. It shall also contain a photograph of the registrant in the lower left corner. The identification card for a partnership or corporation registration shall be issued in the name of the partnership or corporation, and shall not contain a photograph. The front of the card, above the title, shall also contain the following statement in 12-point boldface type: “This person is not a lawyer.” The front of the card, at the bottom, shall also contain the following statement in 12-point boldface type: “The county clerk has not evaluated this person’s knowledge, experience, or services.” (Amended by Stats. 2019, Ch. 128, Sec. 8. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  62. 6408.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    A registrant must show specified identifying information on advertisements, documents, contracts, websites, and electronic correspondence.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6408. The registrant’s name, business address, telephone number, registration number, and county of registration shall appear in any solicitation or advertisement, and on any printed papers or documents prepared or used by the registrant, including, but not limited to, contracts, letterhead, business cards, correspondence, documents, forms, claims, petitions, checks, receipts, and pleadings. The registrant’s name, business address, telephone number, registration number, expiration date of the registration, and county of registration shall appear on the written contract required to be provided to a client pursuant to Section 6410, as well as on any Internet Web site maintained by the registrant, and in any solicitation, advertisement, document, or correspondence prepared or used by the registrant in electronic form. (Amended by Stats. 2015, Ch. 295, Sec. 10. (AB 285) Effective January 1, 2016. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  63. 6408.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Ads or solicitations for legal document assistant or unlawful detainer assistant services must include a required disclaimer, unless they are short classified or yellow pages listings with only name, address, and phone number.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6408.5. (a) All advertisements or solicitations published, distributed, or broadcast offering legal document assistant or unlawful detainer assistant services shall include the following statement: “I am not an attorney. I can only provide self help services at your specific direction.” This subdivision does not apply to classified or “yellow pages” listings in a telephone or business directory of three lines or less that state only the name, address, and telephone number of the legal document assistant or unlawful detainer assistant. (b) If the advertisement or solicitation is in a language other than English, the statement required by subdivision (a) shall be in the same language as the advertisement or solicitation. (Added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  64. 6409.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Legal document assistants and unlawful detainer assistants must not keep a client’s original documents and must return them immediately in specified circumstances.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6409. No legal document assistant or unlawful detainer assistant shall retain in their possession original documents of a client. A legal document assistant or an unlawful detainer assistant shall immediately return all of a client’s original documents to the client in any one or more of the following circumstances: (a) If the client so requests at any time. (b) If the written contract required by Section 6410 is not executed or is rescinded, canceled, or voided for any reason. (c) If the services described pursuant to paragraph (1) of subdivision (b) of Section 6410 have been completed. (Amended by Stats. 2019, Ch. 128, Sec. 9. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  65. 6409.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    For disputes between a legal document assistant or unlawful detainer assistant and the client, the action must be brought in the county where the client’s primary residence is located.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6409.1. Notwithstanding any other law, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and their client shall be the county in which the client has their primary residence. (Amended by Stats. 2019, Ch. 128, Sec. 10. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  66. 6410.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Legal document assistants and unlawful detainer assistants must give clients a written contract before starting services, include required disclosures, provide the contract in the client’s language when needed, and refund fees if the contract is voided or rescinded.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6410. (a) Every legal document assistant or unlawful detainer assistant who enters into a contract or agreement with a client to provide services shall, prior to providing any services, provide the client with a written contract, the contents of which shall be prescribed by regulations adopted by the Department of Consumer Affairs. (b) The written contract shall include all of the following provisions: (1) The services to be performed. (2) The costs of the services to be performed. (3) The contact information of the county clerk’s office for the county in which the legal document assistant or unlawful detainer assistant is registered, including the address, phone number, and, if available, internet website. (4) There shall be printed on the face of the contract in 12-point boldface type a statement that the legal document assistant or unlawful detainer assistant is not an attorney and may not perform the legal services that an attorney performs. (5) The contract shall contain a statement in 12-point boldface type that the county clerk has not evaluated or approved the registrant’s knowledge or experience, or the quality of the registrant’s services. (6) The contract shall contain a statement in 12-point boldface type that the consumer may obtain information regarding free or low-cost representation through a local bar association or legal aid foundation and that the consumer may contact local law enforcement, a district attorney, or a legal aid foundation if the consumer believes that they have been a victim of fraud, the unauthorized practice of law, or any other injury. (7) The contract shall contain a statement in 12-point boldface type that a legal document assistant or unlawful detainer assistant is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. (c) The contract shall be written both in English and in any other language comprehended by the client and principally used in any oral sales presentation or negotiation leading to execution of the contract. The legal document assistant or the unlawful detainer assistant is responsible for translating the contract into the language principally used in any oral sales presentation or negotiation leading to the execution of the contract. (d) A written contract entered into on or after January 1, 2016, shall contain a statement that, pursuant to Section 6409.1, the venue for an action arising out of a dispute between a legal document assistant or unlawful detainer assistant and their client shall be the county in which the client has their primary residence. (e) Failure of a legal document assistant or unlawful detainer assistant to comply with subdivisions (a), (b), (c), and (d) shall make the contract or agreement for services voidable at the option of the client. Upon the voiding of the contract, the legal document assistant or unlawful detainer assistant shall immediately return in full any fees paid by the client. (f) In addition to any other right to rescind, the client shall have the right to rescind the contract within 24 hours of the signing of the contract. The client may cancel the contract by giving the legal document assistant or the unlawful detainer assistant any written statement to the effect that the contract is canceled. If the client gives notice of cancellation by mail addressed to the legal document assistant or unlawful detainer assistant, with first-class postage prepaid, cancellation is effective upon the date indicated on the postmark. Upon the voiding or rescinding of the contract or agreement for services, the legal document assistant or unlawful detainer assistant shall immediately return to the client any fees paid by the client, except fees for services that were actually, necessarily, and reasonably performed on the client’s behalf by the legal document assistant or unlawful detainer assistant with the client’s knowing and express written consent. The requirements of this subdivision shall be conspicuously set forth in the written contract. (Amended by Stats. 2019, Ch. 128, Sec. 11. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  67. 6410.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Legal document assistants and unlawful detainer assistants must give and explain a consumer notice before taking payment or signing a service contract in the first contact with a prospective client.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6410.5. (a) It is unlawful for any legal document assistant or unlawful detainer assistant, in the first contact with a prospective client of legal document or unlawful detainer assistant services, to enter into a contract or agreement for services or accept any compensation unless the legal document assistant or the unlawful detainer assistant states orally, clearly, affirmatively, and expressly all of the following, before making any other statement, except statements required by law in telephonic or home solicitations, and a greeting, or asking the prospective client any questions: (1) The identity of the person making the solicitation. (2) The trade name of the person represented by the person making the solicitation, if any. (3) The kind of services being offered for sale. (4) The statement: “I am not an attorney” and, if the person offering legal document assistant or unlawful detainer assistant services is a partnership or a corporation, or uses a fictitious business name, “[name] is not a law firm. I/we cannot represent you in court, advise you about your legal rights or the law, or select legal forms for you.” (5) The county in which the legal document assistant or unlawful detainer assistant is registered and their registration number. (6) The expiration date of the legal document assistant’s or unlawful detainer assistant’s current registration period. (b) After the legal document assistant or unlawful detainer assistant makes the oral statements required pursuant to subdivision (a), and before the legal document assistant or unlawful detainer assistant enters into a contract or agreement for services or accepts any compensation, the legal document assistant or unlawful detainer assistant shall provide the prospective client with a “Notice to Consumer” set forth below. After allowing the prospective client time to read the notice, the legal document assistant or unlawful detainer assistant shall ask the prospective client to sign and date the notice. If the first contact is not in person, the legal document assistant or unlawful detainer assistant shall provide the notice to the prospective client at the first in-person meeting or mail the notice to the prospective client before entering into a contract or agreement for services or accepting any compensation. The notice shall be set forth in black, bold, 12-point type on a separate, white, 81/2 by 11 inch sheet of paper that contains no other print or graphics, and shall be in the form set forth below. The notice shall contain only the appropriate name or other designation from those indicated in brackets below. At the time a prospective client signs the notice and before that prospective client is offered any contract or agreement for signature, the legal document assistant or unlawful detainer assistant shall give the prospective client a clearly legible copy of the signed notice. A legal document assistant or unlawful detainer assistant shall not ask or require a prospective client or a client to sign any other form of acknowledgment regarding this notice. NOTICE TO CONSUMER DO NOT SIGN ANYTHING BEFORE YOU READ THIS PAGE In the first conversation when you contacted [the unlawful detainer assistant or the legal document assistant], did they explain . . . . . . . . . [Name of unlawful detainer assistant or legal document assistant] is not an attorney. [Name of corporation or partnership, if any, that is offering legal document assistant services or unlawful detainer assistant services] is not a law firm. [They/name of the business] cannot represent you in court. [They/name of the business] cannot advise you about your legal rights or the law. [They/name of the business] cannot select legal forms for you. [They/name of the business] is registered in [county name] and the registration number is [registration number]. [They/name of the business]’s registration is valid until [date of expiration of registration], after which it must be renewed. To confirm that [they/name of business] is registered, you may contact the [county name] clerk’s office at [office address], [or] [office phone number], [or] [if available, office internet website].Choose one: Yes, they explained. No, they did not explain. Date: Signature: (c) The legal document assistant or unlawful detainer assistant shall be responsible for translating, if necessary, the “Notice to Consumer” required pursuant to subdivision (b) into the language principally used in any oral sales presentation or negotiation. (Amended by Stats. 2019, Ch. 128, Sec. 12. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  68. 6411.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Legal document assistants and unlawful detainer assistants are barred from misleading consumers, making unsupported promises, claiming special influence, giving unauthorized legal advice, and using misleading business names or advertising; legal document assistants must complete documents only as allowed by Section 6400(d).

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6411. It is unlawful for any person engaged in the business or acting in the capacity of a legal document assistant or unlawful detainer assistant to do any of the following: (a) Make false or misleading statements to the consumer concerning the subject matter, legal issues, or self-help service being provided by the legal document assistant or unlawful detainer assistant. (b) Make any guarantee or promise to a client or prospective client, unless the guarantee or promise is in writing and the legal document assistant or unlawful detainer assistant has a reasonable factual basis for making the guarantee or promise. (c) Make any statement that the legal document assistant or unlawful detainer assistant can or will obtain favors or has special influence with a court, or a state or federal agency. (d) Provide assistance or advice which constitutes the unlawful practice of law pursuant to Section 6125, 6126, or 6127. (e) Engage in the unauthorized practice of law, including, but not limited to, giving any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. A legal document assistant shall complete documents only in the manner prescribed by subdivision (d) of Section 6400. (f) Use in the person’s business name or advertising the words “legal aid,” “legal services,” or any similar term that has the capacity, tendency, or likelihood to mislead members of the public about that person’s status as a nonprofit corporation or governmentally supported organization offering legal services without charge to indigent people, or employing licensees of the State Bar to provide those services. (Amended by Stats. 2019, Ch. 128, Sec. 13. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  69. 6412.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Certain people may recover damages from a registrant’s bond or cash deposit, and the registrant must replace or replenish that security within 30 days after a recovery or lose registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6412. (a) Any owner or manager of residential or commercial rental property, tenant, or other person who is awarded damages in any action or proceeding for injuries caused by the acts of a registrant while in the performance of their duties as a legal document assistant or unlawful detainer assistant may recover damages from the bond or cash deposit required by Section 6405. (b) If there has been a recovery against a bond or cash deposit under subdivision (a) and the registration has not been revoked pursuant to Section 6413, the registrant shall file a new bond or deposit an additional amount of cash within 30 days to reinstate the bond or cash deposit to the amount required by Section 6405. If the registrant does not file a bond, or deposit this amount within 30 days, the registrant’s certificate of registration shall be revoked. (Amended by Stats. 2019, Ch. 128, Sec. 14. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  70. 6412.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    People injured by a legal document assistant’s or unlawful detainer assistant’s unlawful act or chapter violation can sue or seek other remedies; attorney’s fees go to the prevailing plaintiff.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6412.1. (a) Any person injured by the unlawful act of a legal document assistant or unlawful detainer assistant shall retain all rights and remedies cognizable under law. The penalties, relief, and remedies provided in this chapter are not exclusive, and do not affect any other penalties, relief, and remedies provided by law. (b) Any person injured by a violation of this chapter by a legal document assistant or unlawful detainer assistant may file a complaint and seek redress in any superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded to the prevailing plaintiff. A claim under this chapter may be maintained in small claims court, if the claim and relief sought are within the small claims court’s jurisdiction. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  71. 6412.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    Legal document assistants and unlawful detainer assistants may not seek or obtain a client’s waiver of any provision in this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6412.5. A legal document assistant or an unlawful detainer assistant may neither seek nor obtain a client’s waiver of any of the provisions of this chapter. Any waiver of the provisions of this chapter is contrary to public policy, and is void and unenforceable. (Added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  72. 6413.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    The county clerk must revoke a legal document assistant’s or unlawful detainer assistant’s registration when the clerk receives a qualifying official record, and a revoked registrant may reapply after three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6413. The county clerk shall revoke the registration of a legal document assistant or unlawful detainer assistant upon receipt of an official document or record stating that the registrant has been found guilty of the unauthorized practice of law pursuant to Section 6125, 6126, or 6127, has been found guilty of a misdemeanor violation of this chapter, has been found liable under Section 6126.5, or that a civil judgment has been entered against the registrant in an action arising out of the registrant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant. The county clerk shall be given notice of the disposition in any court action by the city attorney, district attorney, or plaintiff, as applicable. A registrant whose registration is revoked pursuant to this section may reapply for registration three years after the revocation. (Amended by Stats. 2019, Ch. 128, Sec. 15. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  73. 6414.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    A registrant whose certificate is revoked may challenge that decision in a court of competent jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6414. A registrant whose certificate is revoked shall be entitled to challenge the decision in a court of competent jurisdiction. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  74. 6415.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. )

    Verify source ↗

    A legal document assistant or unlawful detainer assistant who fails to comply with specified requirements commits a misdemeanor and may be fined, imprisoned, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants [6400 - 6415] ( Chapter 5.5 repealed and added by Stats. 2002, Ch. 1018, Sec. 2. ) ## ARTICLE 3. Conduct of Business and Prohibited Acts [6408 - 6415] ( Article 3 added by Stats. 2002, Ch. 1018, Sec. 2. ) ## 6415. A failure, by a person who engages in acts of a legal document assistant or unlawful detainer assistant, to comply with any of the requirements of Section 6401.6, 6402, 6408, or 6410, subdivision (a), (b), or (c) of Section 6411, or Section 6412.5 is a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), as to each client with respect to whom a violation occurs, or imprisonment for not more than one year, or by both that fine and imprisonment. Payment of restitution to a client shall take precedence over payment of a fine. (Repealed and added by Stats. 2002, Ch. 1018, Sec. 2. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 6401.7.)
  75. 6450.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    This section defines “paralegal” and limits what paralegals may do. It also sets qualification and continuing education requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6450. (a) “Paralegal” means a person who holds himself or herself out to be a paralegal, who is qualified by education, training, or work experience, who either contracts with or is employed by an attorney, law firm, corporation, governmental agency, or other entity, and who performs substantial legal work under the direction and supervision of an active member of the State Bar of California, as defined in Section 6060, or an attorney practicing law in the federal courts of this state, that has been specifically delegated by the attorney to him or her. Tasks performed by a paralegal include, but are not limited to, case planning, development, and management; legal research; interviewing clients; fact gathering and retrieving information; drafting and analyzing legal documents; collecting, compiling, and utilizing technical information to make an independent decision and recommendation to the supervising attorney; and representing clients before a state or federal administrative agency if that representation is permitted by statute, court rule, or administrative rule or regulation. (b) Notwithstanding subdivision (a), a paralegal shall not do the following: (1) Provide legal advice. (2) Represent a client in court. (3) Select, explain, draft, or recommend the use of any legal document to or for any person other than the attorney who directs and supervises the paralegal. (4) Act as a runner or capper, as defined in Sections 6151 and 6152. (5) Engage in conduct that constitutes the unlawful practice of law. (6) Contract with, or be employed by, a natural person other than an attorney to perform paralegal services. (7) In connection with providing paralegal services, induce a person to make an investment, purchase a financial product or service, or enter a transaction from which income or profit, or both, purportedly may be derived. (8) Establish the fees to charge a client for the services the paralegal performs, which shall be established by the attorney who supervises the paralegal’s work. This paragraph does not apply to fees charged by a paralegal in a contract to provide paralegal services to an attorney, law firm, corporation, governmental agency, or other entity as provided in subdivision (a). (c) A paralegal shall possess at least one of the following: (1) A certificate of completion of a paralegal program approved by the American Bar Association. (2) A certificate of completion of a paralegal program at, or a degree from, a postsecondary institution that requires the successful completion of a minimum of 24 semester, or equivalent, units in law-related courses and that has been accredited by a national or regional accrediting organization or approved by the Bureau for Private Postsecondary and Vocational Education. (3) A baccalaureate degree or an advanced degree in any subject, a minimum of one year of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. (4) A high school diploma or general equivalency diploma, a minimum of three years of law-related experience under the supervision of an attorney who has been an active member of the State Bar of California for at least the preceding three years or who has practiced in the federal courts of this state for at least the preceding three years, and a written declaration from this attorney stating that the person is qualified to perform paralegal tasks. This experience and training shall be completed no later than December 31, 2003. (d) Every two years, commencing January 1, 2007, any person that is working as a paralegal shall be required to certify completion of four hours of mandatory continuing legal education in legal ethics and four hours of mandatory continuing legal education in either general law or in an area of specialized law. All continuing legal education courses shall meet the requirements of Section 6070. Certification of these continuing education requirements shall be made with the paralegal’s supervising attorney. The paralegal shall be responsible for keeping a record of the paralegal’s certifications. (e) A paralegal does not include a nonlawyer who provides legal services directly to members of the public, or a legal document assistant or unlawful detainer assistant as defined in Section 6400, unless the person is a person described in subdivision (a). (f) This section shall become operative on January 1, 2004. (Amended by Stats. 2006, Ch. 567, Sec. 1. Effective January 1, 2007.)
  76. 6451.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    A paralegal may not provide services to a consumer unless those services are under the direction and supervision of the employing or contracting entity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6451. It is unlawful for a paralegal to perform any services for a consumer except as performed under the direction and supervision of the attorney, law firm, corporation, government agency, or other entity that employs or contracts with the paralegal. Nothing in this chapter shall prohibit a paralegal who is employed by an attorney, law firm, governmental agency, or other entity from providing services to a consumer served by one of these entities if those services are specifically allowed by statute, case law, court rule, or federal or state administrative rule or regulation. “Consumer” means a natural person, firm, association, organization, partnership, business trust, corporation, or public entity. (Amended by Stats. 2001, Ch. 311, Sec. 3. Effective January 1, 2002.)
  77. 6452.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    A person may not present themselves as a paralegal unless they meet the stated qualifications and work under attorney supervision; a paralegal’s business card must identify the law firm or licensed attorney relationship.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6452. (a) It is unlawful for a person to identify himself or herself as a paralegal on any advertisement, letterhead, business card or sign, or elsewhere unless he or she has met the qualifications of subdivision (c) of Section 6450 and performs all services under the direction and supervision of an attorney who is an active member of the State Bar of California or an attorney practicing law in the federal courts of this state who is responsible for all of the services performed by the paralegal. The business card of a paralegal shall include the name of the law firm where he or she is employed or a statement that he or she is employed by or contracting with a licensed attorney. (b) An attorney who uses the services of a paralegal is liable for any harm caused as the result of the paralegal’s negligence, misconduct, or violation of this chapter. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
  78. 6453.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    A paralegal who provides certain services must keep a consumer’s confidentiality and attorney-client privilege intact.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6453. A paralegal is subject to the same duty as an attorney specified in subdivision (e) of Section 6068 to maintain inviolate the confidentiality, and at every peril to himself or herself to preserve the attorney-client privilege, of a consumer for whom the paralegal has provided any of the services described in subdivision (a) of Section 6450. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
  79. 6454.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    For this chapter, several paralegal-related terms all mean the same thing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6454. The terms “paralegal,” “legal assistant,” “attorney assistant,” “freelance paralegal,” “independent paralegal,” and “contract paralegal” are synonymous for purposes of this chapter. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
  80. 6455.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    Consumers injured by a violation of this chapter may sue in superior court for injunctive relief, restitution, and damages; prevailing plaintiffs get attorney’s fees. Violations of Sections 6451 or 6452 can trigger infraction or misdemeanor penalties, fines, jail, and restitution.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6455. (a) Any consumer injured by a violation of this chapter may file a complaint and seek redress in superior court for injunctive relief, restitution, and damages. Attorney’s fees shall be awarded in this action to the prevailing plaintiff. (b) Any person who violates the provisions of Section 6451 or 6452 is guilty of an infraction for the first violation, which is punishable upon conviction by a fine of up to two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, and is guilty of a misdemeanor for the second and each subsequent violation, which is punishable upon conviction by a fine of two thousand five hundred dollars ($2,500) as to each consumer with respect to whom a violation occurs, or imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. Any person convicted of a violation of this section shall be ordered by the court to pay restitution to the victim pursuant to Section 1202.4 of the Penal Code. (Amended by Stats. 2007, Ch. 43, Sec. 1. Effective January 1, 2008.)
  81. 6456.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. )

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    State-employed paralegals, legal assistants, legal analysts, and similar titles are exempt from this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 5.6. Paralegals [6450 - 6456] ( Chapter 5.6 added by Stats. 2000, Ch. 439, Sec. 1. ) ## 6456. An individual employed by the state as a paralegal, legal assistant, legal analyst, or similar title, is exempt from the provisions of this chapter. (Added by Stats. 2000, Ch. 439, Sec. 1. Effective January 1, 2001.)
  82. 650.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Section 650 generally forbids health care licensees from giving or taking referral-based rebates or similar consideration, and it sets disclosure, refund, and advertising rules for certain ads.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650. (a) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, the offer, delivery, receipt, or acceptance by any person licensed under this division or the Chiropractic Initiative Act of any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, irrespective of any membership, proprietary interest, or coownership in or with any person to whom these patients, clients, or customers are referred is unlawful. (b) The payment or receipt of consideration for services other than the referral of patients that is based on a percentage of gross revenue or similar type of contractual arrangement shall not be unlawful if the consideration is commensurate with the value of the services furnished or with the fair rental value of any premises or equipment leased or provided by the recipient to the payer. (c) The offer, delivery, receipt, or acceptance of any consideration between a federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42 of the United States Code, and any individual or entity providing goods, items, services, donations, loans, or a combination thereof to the health center entity pursuant to a contract, lease, grant, loan, or other agreement, if that agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center, shall be authorized only to the extent sanctioned or permitted by federal law. (d) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful for any person licensed under this division to refer a person to any laboratory, pharmacy, clinic, including entities exempt from licensure pursuant to Section 1206 of the Health and Safety Code, or health care facility solely because the licensee has a proprietary interest or coownership in the laboratory, pharmacy, clinic, or health care facility, provided, however, that the licensee’s return on investment for that proprietary interest or coownership shall be based upon the amount of the capital investment or proportional ownership of the licensee which ownership interest is not based on the number or value of any patients referred. Any referral excepted under this section shall be unlawful if the prosecutor proves that there was no valid medical need for the referral. (e) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of this code, it shall not be unlawful to provide nonmonetary remuneration, in the form of hardware, software, or information technology and training services, as described in subsections (x) and (y) of Section 1001.952 of Title 42 of the Code of Federal Regulations, as amended October 4, 2007, as published in the Federal Register (72 Fed. Reg. 56632 and 56644), and as subsequently amended. (f) “Health care facility” means a general acute care hospital, acute psychiatric hospital, skilled nursing facility, intermediate care facility, and any other health facility licensed by the State Department of Public Health under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (g) Notwithstanding this section or any other law, the payment or receipt of consideration for advertising, wherein a licensee offers or sells services through a third-party advertiser, shall not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The fee paid to the third-party advertiser shall be commensurate with the service provided by the third-party advertiser. If the licensee determines, after consultation with the purchaser of the service, that the service provided by the licensee is inappropriate for the purchaser or if the purchaser elects not to receive the service for any reason and requests a refund, the purchaser shall receive a refund of the full purchase price as determined by the terms of the advertising service agreement between the third-party advertiser and the licensee. The licensee shall disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if ineligible to receive the service. This subdivision shall not apply to basic health care services, as defined in subdivision (b) of Section 1345 of the Health and Safety Code, or essential health benefits, as defined in Section 1367.005 of the Health and Safety Code and Section 10112.27 of the Insurance Code. The entity that provides the advertising shall be able to demonstrate that the licensee consented in writing to the requirements of this subdivision. A third-party advertiser shall make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region. In any advertisement offering a discount price for a service, the licensee shall also disclose the regular, nondiscounted price for that service. (h) To the extent consistent with federal law, regulations, or guidance, the payment or receipt of consideration for internet-based advertising, appointment booking, or any service that provides information and resources to prospective patients of licensees shall not constitute a referral of a patient if the internet-based service provider does not recommend or endorse a specific licensee to a prospective patient. (i) A violation of this section is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by a fine not exceeding fifty thousand dollars ($50,000), or by both that imprisonment and fine. A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by that imprisonment and a fine of fifty thousand dollars ($50,000). (Amended by Stats. 2021, Ch. 439, Sec. 3. (AB 457) Effective January 1, 2022.)
  83. 650.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Licensees may not refer patients for certain services when they or their immediate family have a financial interest, and they must disclose financial interests in writing when referring or consulting with an organization in which they have such an interest.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650.01. (a) Notwithstanding Section 650, or any other provision of law, it is unlawful for a licensee to refer a person for laboratory, diagnostic nuclear medicine, radiation oncology, physical therapy, physical rehabilitation, psychometric testing, home infusion therapy, or diagnostic imaging goods or services if the licensee or their immediate family has a financial interest with the person or in the entity that receives the referral. (b) For purposes of this section and Section 650.02, the following shall apply: (1) “Diagnostic imaging” includes, but is not limited to, all X-ray, computed axial tomography, magnetic resonance imaging nuclear medicine, positron emission tomography, mammography, and ultrasound goods and services. (2) A “financial interest” includes, but is not limited to, any type of ownership interest, debt, loan, lease, compensation, remuneration, discount, rebate, refund, dividend, distribution, subsidy, or other form of direct or indirect payment, whether in money or otherwise, between a licensee and a person or entity to whom the licensee refers a person for a good or service specified in subdivision (a). A financial interest also exists if there is an indirect financial relationship between a licensee and the referral recipient including, but not limited to, an arrangement whereby a licensee has an ownership interest in an entity that leases property to the referral recipient. Any financial interest transferred by a licensee to any person or entity or otherwise established in any person or entity for the purpose of avoiding the prohibition of this section shall be deemed a financial interest of the licensee. For purposes of this paragraph, “direct or indirect payment” shall not include a royalty or consulting fee received by a physician and surgeon who has completed a recognized residency training program in orthopedics from a manufacturer or distributor as a result of their research and development of medical devices and techniques for that manufacturer or distributor. For purposes of this paragraph, “consulting fees” means those fees paid by the manufacturer or distributor to a physician and surgeon who has completed a recognized residency training program in orthopedics only for their ongoing services in making refinements to their medical devices or techniques marketed or distributed by the manufacturer or distributor, if the manufacturer or distributor does not own or control the facility to which the physician is referring the patient. A “financial interest” shall not include the receipt of capitation payments or other fixed amounts that are prepaid in exchange for a promise of a licensee to provide specified health care services to specified beneficiaries. A “financial interest” shall not include the receipt of remuneration by a medical director of a hospice, as defined in Section 1746 of the Health and Safety Code, for specified services if the arrangement is set out in writing, and specifies all services to be provided by the medical director, the term of the arrangement is for at least one year, and the compensation to be paid over the term of the arrangement is set in advance, does not exceed fair market value, and is not determined in a manner that takes into account the volume or value of any referrals or other business generated between parties. (3) For the purposes of this section, “immediate family” includes the spouse and children of the licensee, the parents of the licensee, and the spouses of the children of the licensee. (4) “Licensee” means all of the following: (A) A physician as defined in Section 3209.3 of the Labor Code. (B) A nurse practitioner practicing pursuant to Section 2837.103 or 2837.104. (C) A certified nurse-midwife as described in Article 2.5 (commencing with Section 2746) of Chapter 6, acting within their scope of practice. (5) “Licensee’s office” means either of the following: (A) An office of a licensee in solo practice. (B) An office in which services or goods are personally provided by the licensee or by employees in that office, or personally by independent contractors in that office, in accordance with other provisions of law. Employees and independent contractors shall be licensed or certified when licensure or certification is required by law. (6) “Office of a group practice” means an office or offices in which two or more licensees are legally organized as a partnership, professional corporation, or not-for-profit corporation, licensed pursuant to subdivision (a) of Section 1204 of the Health and Safety Code, for which all of the following apply: (A) Each licensee who is a member of the group provides substantially the full range of services that the licensee routinely provides, including medical care, consultation, diagnosis, or treatment through the joint use of shared office space, facilities, equipment, and personnel. (B) Substantially all of the services of the licensees who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group, except in the case of a multispecialty clinic, as defined in subdivision (l) of Section 1206 of the Health and Safety Code, physician services are billed in the name of the multispecialty clinic and amounts so received are treated as receipts of the multispecialty clinic. (C) The overhead expenses of, and the income from, the practice are distributed in accordance with methods previously determined by members of the group. (c) It is unlawful for a licensee to enter into an arrangement or scheme, such as a cross-referral arrangement, that the licensee knows, or should know, has a principal purpose of ensuring referrals by the licensee to a particular entity that, if the licensee directly made referrals to that entity, would be in violation of this section. (d) No claim for payment shall be presented by an entity to any individual, third party payer, or other entity for a good or service furnished pursuant to a referral prohibited under this section. (e) No insurer, self-insurer, or other payer shall pay a charge or lien for any good or service resulting from a referral in violation of this section. (f) A licensee who refers a person to, or seeks consultation from, an organization in which the licensee has a financial interest, other than as prohibited by subdivision (a), shall disclose the financial interest to the patient, or the parent or legal guardian of the patient, in writing, at the time of the referral or request for consultation. (1) If a referral, billing, or other solicitation is between one or more licensees who contract with a multispecialty clinic pursuant to subdivision (l) of Section 1206 of the Health and Safety Code or who conduct their practice as members of the same professional corporation or partnership, and the services are rendered on the same physical premises, or under the same professional corporation or partnership name, the requirements of this subdivision may be met by posting a conspicuous disclosure statement at the registration area or by providing a patient with a written disclosure statement. (2) If a licensee is under contract with the Department of Corrections or the California Youth Authority, and the patient is an inmate or parolee of either respective department, the requirements of this subdivision shall be satisfied by disclosing financial interests to either the Department of Corrections or the California Youth Authority. (g) A violation of subdivision (a) shall be a misdemeanor. In the case of a licensee who is a physician and surgeon, the Medical Board of California shall review the facts and circumstances of any conviction pursuant to subdivision (a) and take appropriate disciplinary action if the licensee has committed unprofessional conduct. In the case of a licensee who is a certified nurse-midwife, the Board of Registered Nursing shall review the facts and circumstances of any conviction pursuant to subdivision (a) and take appropriate disciplinary action if the licensee has committed unprofessional conduct. Violations of this section may also be subject to civil penalties of up to five thousand dollars ($5,000) for each offense, which may be enforced by the Insurance Commissioner, Attorney General, or a district attorney. A violation of subdivision (c), (d), or (e) is a public offense and is punishable upon conviction by a fine not exceeding fifteen thousand dollars ($15,000) for each violation and appropriate disciplinary action, including revocation of professional licensure, by the Medical Board of California, the Board of Registered Nursing, or other appropriate governmental agency. (h) This section shall not apply to referrals for services that are described in and covered by Sections 139.3 and 139.31 of the Labor Code. (i) This section shall become operative on January 1, 1995. (Amended by Stats. 2020, Ch. 265, Sec. 1.5. (AB 890) Effective January 1, 2021.)
  84. 650.02.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Section 650.02 lists exceptions to the Section 650.01 referral prohibition and requires written disclosure of a financial interest in some referrals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650.02. The prohibition of Section 650.01 shall not apply to or restrict any of the following: (a) A licensee may refer a patient for a good or service otherwise prohibited by subdivision (a) of Section 650.01 if the licensee’s regular practice is located where there is no alternative provider of the service within either 25 miles or 40 minutes traveling time, via the shortest route on a paved road. If an alternative provider commences furnishing the good or service for which a patient was referred pursuant to this subdivision, the licensee shall cease referrals under this subdivision within six months of the time at which the licensee knew or should have known that the alternative provider is furnishing the good or service. A licensee who refers to or seeks consultation from an organization in which the licensee has a financial interest under this subdivision shall disclose this interest to the patient or the patient’s parents or legal guardian in writing at the time of referral. (b) A licensee, when the licensee or his or her immediate family has one or more of the following arrangements with another licensee, a person, or an entity, is not prohibited from referring a patient to the licensee, person, or entity because of the arrangement: (1) A loan between a licensee and the recipient of the referral, if the loan has commercially reasonable terms, bears interest at the prime rate or a higher rate that does not constitute usury, is adequately secured, and the loan terms are not affected by either party’s referral of any person or the volume of services provided by either party. (2) A lease of space or equipment between a licensee and the recipient of the referral, if the lease is written, has commercially reasonable terms, has a fixed periodic rent payment, has a term of one year or more, and the lease payments are not affected by either party’s referral of any person or the volume of services provided by either party. (3) Ownership of corporate investment securities, including shares, bonds, or other debt instruments that may be purchased on terms generally available to the public and that are traded on a licensed securities exchange or NASDAQ, do not base profit distributions or other transfers of value on the licensee’s referral of persons to the corporation, do not have a separate class or accounting for any persons or for any licensees who may refer persons to the corporation, and are in a corporation that had, at the end of the corporation’s most recent fiscal year, or on average during the previous three fiscal years, stockholder equity exceeding seventy-five million dollars ($75,000,000). (4) Ownership of shares in a regulated investment company as defined in Section 851(a) of the federal Internal Revenue Code, if the company had, at the end of the company’s most recent fiscal year, or on average during the previous three fiscal years, total assets exceeding seventy-five million dollars ($75,000,000). (5) A one-time sale or transfer of a practice or property or other financial interest between a licensee and the recipient of the referral if the sale or transfer is for commercially reasonable terms and the consideration is not affected by either party’s referral of any person or the volume of services provided by either party. (6) A personal services arrangement between a licensee or an immediate family member of the licensee and the recipient of the referral if the arrangement meets all of the following requirements: (A) It is set out in writing and is signed by the parties. (B) It specifies all of the services to be provided by the licensee or an immediate family member of the licensee. (C) The aggregate services contracted for do not exceed those that are reasonable and necessary for the legitimate business purposes of the arrangement. (D) A person who is referred by a licensee or an immediate family member of the licensee is informed in writing of the personal services arrangement that includes information on where a person may go to file a complaint against the licensee or the immediate family member of the licensee. (E) The term of the arrangement is for at least one year. (F) The compensation to be paid over the term of the arrangement is set in advance, does not exceed fair market value, and is not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties. (G) The services to be performed under the arrangement do not involve the counseling or promotion of a business arrangement or other activity that violates any state or federal law. (c) (1) A licensee may refer a person to a health facility, as defined in Section 1250 of the Health and Safety Code, or to any facility owned or leased by a health facility, if the recipient of the referral does not compensate the licensee for the patient referral, and any equipment lease arrangement between the licensee and the referral recipient complies with the requirements of paragraph (2) of subdivision (b). (2) Nothing shall preclude this subdivision from applying to a licensee solely because the licensee has an ownership or leasehold interest in an entire health facility or an entity that owns or leases an entire health facility. (3) A licensee may refer a person to a health facility for any service classified as an emergency under subdivision (a) or (b) of Section 1317.1 of the Health and Safety Code. (4) A licensee may refer a person to any organization that owns or leases a health facility licensed pursuant to subdivision (a), (b), or (f) of Section 1250 of the Health and Safety Code if the licensee is not compensated for the patient referral, the licensee does not receive any payment from the recipient of the referral that is based or determined on the number or value of any patient referrals, and any equipment lease arrangement between the licensee and the referral recipient complies with the requirements of paragraph (2) of subdivision (b). For purposes of this paragraph, the ownership may be through stock or membership, and may be represented by a parent holding company that solely owns or controls both the health facility organization and the affiliated organization. (d) A licensee may refer a person to a nonprofit corporation that provides physician services pursuant to subdivision (l) of Section 1206 of the Health and Safety Code if the nonprofit corporation is controlled through membership by one or more health facilities or health facility systems and the amount of compensation or other transfer of funds from the health facility or nonprofit corporation to the licensee is fixed annually, except for adjustments caused by physicians joining or leaving the groups during the year, and is not based on the number of persons utilizing goods or services specified in Section 650.01. (e) A licensee compensated or employed by a university may refer a person for a physician service, to any facility owned or operated by the university, or to another licensee employed by the university, provided that the facility or university does not compensate the referring licensee for the patient referral. In the case of a facility that is totally or partially owned by an entity other than the university, but that is staffed by university physicians, those physicians may not refer patients to the facility if the facility compensates the referring physicians for those referrals. (f) The prohibition of Section 650.01 shall not apply to any service for a specific patient that is performed within, or goods that are supplied by, a licensee’s office, or the office of a group practice. Further, the provisions of Section 650.01 shall not alter, limit, or expand a licensee’s ability to deliver, or to direct or supervise the delivery of, in-office goods or services according to the laws, rules, and regulations governing his or her scope of practice. (g) The prohibition of Section 650.01 shall not apply to cardiac rehabilitation services provided by a licensee or by a suitably trained individual under the direct or general supervision of a licensee, if the services are provided to patients meeting the criteria for Medicare reimbursement for the services. (h) The prohibition of Section 650.01 shall not apply if a licensee is in the office of a group practice and refers a person for services or goods specified in Section 650.01 to a multispecialty clinic, as defined in subdivision (l) of Section 1206 of the Health and Safety Code. (i) The prohibition of Section 650.01 shall not apply to health care services provided to an enrollee of a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (j) The prohibition of Section 650.01 shall not apply to a request by a pathologist for clinical diagnostic laboratory tests and pathological examination services, a request by a radiologist for diagnostic radiology services, or a request by a radiation oncologist for radiation therapy if those services are furnished by, or under the supervision of, the pathologist, radiologist, or radiation oncologist pursuant to a consultation requested by another physician. (k) This section shall not apply to referrals for services that are described in and covered by Sections 139.3 and 139.31 of the Labor Code. (l) This section shall become operative on January 1, 1995. (Amended by Stats. 2002, Ch. 309, Sec. 1. Effective January 1, 2003.)
  85. 650.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Certain pharmacy-related lease, rental, or service payment formulas are prohibited, and regulators can enforce the section and demand information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650.1. (a) Any amount payable to any hospital, as defined in Section 4028, or any person or corporation prohibited from pharmacy permit ownership by subdivision (a) of Section 4111 under any rental, lease or service arrangement with respect to the furnishing or supply of pharmaceutical services and products, which is determined as a percentage, fraction, or portion of (1) the charges to patients or of (2) any measure of hospital or pharmacy revenue or cost, for pharmaceuticals and pharmaceutical services is prohibited. (b) Any lease or rental arrangement existing on the effective date of this section shall be in full compliance with subdivision (a) by January 1, 1986. (c) Any lease or rental agreement entered into prior to January 1, 1980, that extends beyond the effective date of this section shall be construed to be in compliance with this section until its expiration or the expiration of any option which is contained in any such lease or rental agreement provided that the lease or rental agreement contains provisions which limit pharmacy charges to the amounts not in excess of the prevailing charges in similar hospitals in the general geographic area. (d) The California State Board of Pharmacy, the Medical Board of California, and the State Department of Health Services shall enforce this section and may require information from any person as is necessary for the enforcement of this section. It shall be the duty of the licensees of the respective regulatory agencies to produce the requisite evidence to show compliance with this section. Violations of this section shall be deemed to be the mutual responsibility of both lessee and lessor, and shall be grounds for disciplinary action or other sanctions against both. (Amended by Stats. 2000, Ch. 836, Sec. 1. Effective January 1, 2001.)
  86. 650.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    A dentist referral service may operate only if it meets listed conditions, including registration and disclosure rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650.2. (a) Notwithstanding Section 650 or any other provision of law, it shall not be unlawful for a person licensed pursuant to Chapter 4 (commencing with Section 1600) of Division 2 or any other person, to participate in or operate a group advertising and referral service for dentists if all of the following conditions are met: (1) The patient referrals by the service result from patient-initiated responses to service advertising. (2) The service advertises, if at all, in conformity with Section 651 and subdivisions (i) and (l) of Section 1680. (3) The service does not employ a solicitor within the meaning of subdivision (j) of Section 1680. (4) The service does not impose a fee on the member dentists dependent upon the number of referrals or amount of professional fees paid by the patient to the dentist. (5) Participating dentists charge no more than their usual and customary fees to any patient referred. (6) The service registers with the Dental Board of California, providing its name and address. (7) The service files with the Dental Board of California a copy of the standard form contract that regulates its relationship with member dentists, which contract shall be confidential and not open to public inspection. (8) If more than 50 percent of its referrals are made to one individual, association, partnership, corporation, or group of three or more dentists, the service discloses that fact in all public communications, including, but not limited to, communication by means of television, radio, motion picture, newspaper, book, or list or directory of healing arts practitioners. (9) When member dentists pay any fee to the service, any advertisement by the service shall clearly and conspicuously disclose that fact by including a statement as follows: “Paid for by participating dentists.” In print advertisements, the required statement shall be in at least 9-point type. In radio advertisements, the required statement shall be articulated so as to be clearly audible and understandable by the radio audience. In television advertisements, the required statement shall be either clearly audible and understandable to the television audience, or displayed in a written form that remains clearly visible for at least five seconds to the television audience. This subdivision shall be operative on and after July 1, 1994. (b) The Dental Board of California may adopt regulations necessary to enforce and administer this section. (c) The Dental Board of California may suspend or revoke the registration of any service that fails to comply with paragraph (9) of subdivision (a). No service may reregister with the board if it has a registration that is currently under suspension for a violation of paragraph (9) of subdivision (a), nor may a service reregister with the board if it had a registration revoked by the board for a violation of paragraph (9) of subdivision (a) less than one year after that revocation. (d) The Dental Board of California may petition the superior court of any county for the issuance of an injunction restraining any conduct that constitutes a violation of this section. (e) It is unlawful and shall constitute a misdemeanor for a person to operate a group advertising and referral service for dentists without providing its name and address to the Dental Board of California. (f) It is the intent of the Legislature in enacting this section not to otherwise affect the prohibitions provided in Section 650. The Legislature intends to allow the pooling of resources by dentists for the purposes of advertising. (g) This section shall not be construed to authorize a referral service to engage in the practice of dentistry. (Amended by Stats. 2015, Ch. 426, Sec. 4. (SB 800) Effective January 1, 2016.)
  87. 650.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    A chiropractor service may operate only if it meets listed conditions, including registration, contract filing, no solicitor, and fee and referral disclosure limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 650.3. (a) Notwithstanding the provisions of Section 650 or any other provision of law, it shall not be unlawful for a person licensed pursuant to the Chiropractic Act, or any other person, to participate in or operate a group advertising and referral service for chiropractors if all of the following conditions are met: (1) Patient referrals by the service are the result of patient initiated responses to service advertising. (2) The service advertises, if at all, in conformity with Section 651. (3) The service does not employ a solicitor. (4) The service does not impose a fee on the member chiropractors that is dependent upon the number of referrals or amount of professional fees paid by the patient to the chiropractor. (5) Participating chiropractors charge no more than their usual and customary fees to any patient referred. (6) The service registers with the State Board of Chiropractic Examiners, providing its name and address. (7) The service files with the State Board of Chiropractic Examiners a copy of the standard form contract that regulates its relationship with member chiropractors, which contract shall be confidential and not open to public inspection. (8) If more than 50 percent of its referrals are made to one individual, association, partnership, corporation, or group of three or more chiropractors, the service discloses that fact in all public communications, including, but not limited to, communication by means of television, radio, motion picture, newspaper, book, or list or directory of healing arts practitioners. (b) The State Board of Chiropractic Examiners may adopt regulations necessary to enforce and administer this section. (c) The State Board of Chiropractic Examiners or 10 individual licensed chiropractors may petition the superior court of any county for the issuance of an injunction restraining any conduct which constitutes a violation of this section. (d) It is unlawful and shall constitute a misdemeanor for a person to operate a group advertising and referral service for chiropractors without providing its name and address to the State Board of Chiropractic Examiners. (e) It is the intent of the Legislature in enacting this section not to otherwise affect the prohibitions provided in Section 650. The Legislature intends to allow the pooling of resources by chiropractors for the purpose of advertising. (f) This section shall not be construed in any manner which would authorize a service to engage in the practice of chiropractic. (Added by Stats. 1992, Ch. 856, Sec. 1. Effective January 1, 1993.)
  88. 6500.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. )

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    This chapter is known as the Professional Fiduciaries Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6500. This chapter shall be known as the Professional Fiduciaries Act. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  89. 6501.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. )

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    This section defines key terms used in the chapter on professional fiduciaries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6501. As used in this chapter, the following terms have the following meanings: (a) “Act” means this chapter. (b) “Bureau” means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. (c) “Client” means an individual who is served by a professional fiduciary. (d) “Department” means the Department of Consumer Affairs. (e) “Licensee” means a person who is licensed under this chapter as a professional fiduciary. (f) (1) “Professional fiduciary” means either of the following: (A) A person who acts as a guardian or conservator of the person, the estate, or the person and estate, for two or more individuals at the same time who are not related to the professional fiduciary or to each other. (B) A personal representative of a decedent’s estate, as defined in Section 58 of the Probate Code, for two or more individuals at the same time who are not related to the professional fiduciary or to each other. (2) “Professional fiduciary” also means a person who acts as a trustee, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, for four or more individuals, at the same time. In counting individuals under this paragraph to determine whether a person is a professional fiduciary: (A) Individuals who are related to the fiduciary shall not be counted. (B) All individuals who are related to each other shall be counted as one individual. (C) All trustors who are related to each other shall be counted as one individual, and neither the number of trusts nor the number of beneficiaries of those trusts shall be counted. (D) “Professional fiduciary” also includes a person acting as a professional fiduciary practice administrator, appointed pursuant to Section 2469 or 9765 of the Probate Code. (3) For purposes of this subdivision, “related” means related by blood, adoption, marriage, or registered domestic partnership. (4) “Professional fiduciary” does not include any of the following: (A) A trust company, as defined in Section 83 of the Probate Code. (B) An FDIC-insured institution, or its holding companies, subsidiaries, or affiliates. For the purposes of this subparagraph, “affiliate” means an entity that shares an ownership interest with, or that is under the common control of, the FDIC-insured institution. (C) A public agency, including the public guardian, public conservator, or other agency of the State of California or of a county of California or a regional center for persons with developmental disabilities, as defined in Section 4620 of the Welfare and Institutions Code. (D) A nonprofit corporation or charitable trust that is described in Section 501(c)(3) of the Internal Revenue Code and that satisfies all of the following requirements: (i) Is an organization described in Section 509(a)(1), Section 509(a)(2), or Section 509(a)(3) of the Internal Revenue Code. (ii) Has been in existence for at least five years. (iii) Has total institutional funds as described in subdivision (e) of Section 18502 of the Probate Code according to its most recent audited financial statement with a value of at least two million dollars ($2,000,000) net of encumbrances. (iv) Is acting as a trustee, incidental to the purposes for which it was organized, of a trust that meets at least one of the following conditions: (I) It is a trust from which annual distributions are limited to income, a sum certain, or a fixed percentage of the net fair market value of the trust assets as described in Section 664(d) of the Internal Revenue Code governing charitable remainder trusts. (II) It is a trust from which annual distributions are limited to a guaranteed annuity or a fixed percentage of the fair market value of the property as described in Section 2055(e)(2)(B) or Section 2522(c)(2)(B) of the Internal Revenue Code. (III) It is a trust from which annual distributions are limited to income, including a pooled income fund from which annual distributions are limited to income as described in Section 642(c)(5) of the Internal Revenue Code governing pooled income funds. (IV) It is a trust as to which the value of the charitable interest was presently ascertainable upon creation of the trust and deductible for federal gift, estate, or income tax purposes under the Internal Revenue Code as in effect prior to enactment of the federal Tax Reform Act of 1969 (Public Law 91-172). (E) A person employed by, or acting as an agent on behalf of, an entity or agency described in subparagraph (A), (B), (C), or (D) who is acting within the course and scope of that employment or agency, and a public officer of an agency described in subparagraph (C) acting in the course and scope of official duties. (F) A person whose sole activity as a professional fiduciary is as a broker-dealer, broker-dealer agent, investment adviser, or investment adviser representative registered and regulated under the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code), the Investment Advisers Act of 1940 (15 U.S.C. Sec. 80b-1 et seq.), or the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or involves serving as a trustee to a company regulated by the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.). (g) “Committee” means the Professional Fiduciaries Advisory Committee, as established pursuant to Section 6511. (Amended by Stats. 2025, Ch. 592, Sec. 16. (SB 861) Effective January 1, 2026.)
  90. 6502.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Certain people had to get a professional fiduciary license if they were already subject to specified probate-related registration or filing duties before January 1, 2007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 1. General Provisions [6500 - 6502] ( Article 1 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6502. (a) Every person who is required to register with the Statewide Registry maintained by the Department of Justice under Chapter 13 (commencing with Section 2850) of Part 4 of Division 4 of the Probate Code prior to January 1, 2007, shall be required to obtain a license as a professional fiduciary under this chapter. (b) Every person who is required to file information with the clerk of the court under Article 4 (commencing with Section 2340) of Chapter 3 of Part 4 of Division 4 of the Probate Code prior to January 1, 2007, shall be required to obtain a license as a professional fiduciary under this chapter. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  91. 651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Licensed healing-arts professionals must not use false, misleading, or deceptive advertising or publicity, and they face misdemeanor and disciplinary consequences for violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 651. (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed. A “public communication” as used in this section includes, but is not limited to, communication by means of mail, television, radio, motion picture, newspaper, book, list or directory of healing arts practitioners, Internet, or other electronic communication. (b) A false, fraudulent, misleading, or deceptive statement, claim, or image includes a statement or claim that does any of the following: (1) Contains a misrepresentation of fact. (2) Is likely to mislead or deceive because of a failure to disclose material facts. (3) (A) Is intended or is likely to create false or unjustified expectations of favorable results, including the use of any photograph or other image that does not accurately depict the results of the procedure being advertised or that has been altered in any manner from the image of the actual subject depicted in the photograph or image. (B) Use of any photograph or other image of a model without clearly stating in a prominent location in easily readable type the fact that the photograph or image is of a model is a violation of subdivision (a). For purposes of this paragraph, a model is anyone other than an actual patient, who has undergone the procedure being advertised, of the licensee who is advertising for his or her services. (C) Use of any photograph or other image of an actual patient that depicts or purports to depict the results of any procedure, or presents “before” and “after” views of a patient, without specifying in a prominent location in easily readable type size what procedures were performed on that patient is a violation of subdivision (a). Any “before” and “after” views (i) shall be comparable in presentation so that the results are not distorted by favorable poses, lighting, or other features of presentation, and (ii) shall contain a statement that the same “before” and “after” results may not occur for all patients. (4) Relates to fees, other than a standard consultation fee or a range of fees for specific types of services, without fully and specifically disclosing all variables and other material factors. (5) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (6) Makes a claim either of professional superiority or of performing services in a superior manner, unless that claim is relevant to the service being performed and can be substantiated with objective scientific evidence. (7) Makes a scientific claim that cannot be substantiated by reliable, peer reviewed, published scientific studies. (8) Includes any statement, endorsement, or testimonial that is likely to mislead or deceive because of a failure to disclose material facts. (c) Any price advertisement shall be exact, without the use of phrases, including, but not limited to, “as low as,” “and up,” “lowest prices,” or words or phrases of similar import. Any advertisement that refers to services, or costs for services, and that uses words of comparison shall be based on verifiable data substantiating the comparison. Any person so advertising shall be prepared to provide information sufficient to establish the accuracy of that comparison. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discount, premiums, gifts, or any statements of a similar nature. In connection with price advertising, the price for each product or service shall be clearly identifiable. The price advertised for products shall include charges for any related professional services, including dispensing and fitting services, unless the advertisement specifically and clearly indicates otherwise. (d) Any person so licensed shall not compensate or give anything of value to a representative of the press, radio, television, or other communication medium in anticipation of, or in return for, professional publicity unless the fact of compensation is made known in that publicity. (e) Any person so licensed may not use any professional card, professional announcement card, office sign, letterhead, telephone directory listing, medical list, medical directory listing, or a similar professional notice or device if it includes a statement or claim that is false, fraudulent, misleading, or deceptive within the meaning of subdivision (b). (f) Any person so licensed who violates this section is guilty of a misdemeanor. A bona fide mistake of fact shall be a defense to this subdivision, but only to this subdivision. (g) Any violation of this section by a person so licensed shall constitute good cause for revocation or suspension of his or her license or other disciplinary action. (h) Advertising by any person so licensed may include the following: (1) A statement of the name of the practitioner. (2) A statement of addresses and telephone numbers of the offices maintained by the practitioner. (3) A statement of office hours regularly maintained by the practitioner. (4) A statement of languages, other than English, fluently spoken by the practitioner or a person in the practitioner’s office. (5) (A) A statement that the practitioner is certified by a private or public board or agency or a statement that the practitioner limits his or her practice to specific fields. (B) A statement of certification by a practitioner licensed under Chapter 7 (commencing with Section 3000) shall only include a statement that he or she is certified or eligible for certification by a private or public board or parent association recognized by that practitioner’s licensing board. (C) A physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by the Medical Board of California may include a statement that he or she limits his or her practice to specific fields, but shall not include a statement that he or she is certified or eligible for certification by a private or public board or parent association, including, but not limited to, a multidisciplinary board or association, unless that board or association is (i) an American Board of Medical Specialties member board, (ii) a board or association with equivalent requirements approved by that physician’s and surgeon’s licensing board prior to January 1, 2019, or (iii) a board or association with an Accreditation Council for Graduate Medical Education approved postgraduate training program that provides complete training in that specialty or subspecialty. A physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by the Medical Board of California who is certified by an organization other than a board or association referred to in clause (i), (ii), or (iii) shall not use the term “board certified” in reference to that certification, unless the physician and surgeon is also licensed under Chapter 4 (commencing with Section 1600) and the use of the term “board certified” in reference to that certification is in accordance with subparagraph (A). A physician and surgeon licensed under Chapter 5 (commencing with Section 2000) by the Medical Board of California who is certified by a board or association referred to in clause (i), (ii), or (iii) shall not use the term “board certified” unless the full name of the certifying board is also used and given comparable prominence with the term “board certified” in the statement. For purposes of this subparagraph, a “multidisciplinary board or association” means an educational certifying body that has a psychometrically valid testing process, as determined by the Medical Board of California, for certifying medical doctors and other health care professionals that is based on the applicant’s education, training, and experience. A multidisciplinary board or association approved by the Medical Board of California prior to January 1, 2019, shall retain that approval. For purposes of the term “board certified,” as used in this subparagraph, the terms “board” and “association” mean an organization that is an American Board of Medical Specialties member board, an organization with equivalent requirements approved by a physician’s and surgeon’s licensing board prior to January 1, 2019, or an organization with an Accreditation Council for Graduate Medical Education approved postgraduate training program that provides complete training in a specialty or subspecialty. (D) A doctor of podiatric medicine licensed under Article 22 (commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine may include a statement that he or she is certified or eligible or qualified for certification by a private or public board or parent association, including, but not limited to, a multidisciplinary board or association, if that board or association meets one of the following requirements: (i) is approved by the Council on Podiatric Medical Education, (ii) is a board or association with equivalent requirements approved by the California Board of Podiatric Medicine, or (iii) is a board or association with the Council on Podiatric Medical Education approved postgraduate training programs that provide training in podiatric medicine and podiatric surgery. A doctor of podiatric medicine licensed under Article 22 (commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine who is certified by a board or association referred to in clause (i), (ii), or (iii) shall not use the term “board certified” unless the full name of the certifying board is also used and given comparable prominence with the term “board certified” in the statement. A doctor of podiatric medicine licensed under Article 22 (commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine who is certified by an organization other than a board or association referred to in clause (i), (ii), or (iii) shall not use the term “board certified” in reference to that certification. For purposes of this subparagraph, a “multidisciplinary board or association” means an educational certifying body that has a psychometrically valid testing process, as determined by the California Board of Podiatric Medicine, for certifying doctors of podiatric medicine that is based on the applicant’s education, training, and experience. For purposes of the term “board certified,” as used in this subparagraph, the terms “board” and “association” mean an organization that is a Council on Podiatric Medical Education approved board, an organization with equivalent requirements approved by the California Board of Podiatric Medicine, or an organization with a Council on Podiatric Medical Education approved postgraduate training program that provides training in podiatric medicine and podiatric surgery. The California Board of Podiatric Medicine shall adopt regulations to establish and collect a reasonable fee from each board or association applying for recognition pursuant to this subparagraph, to be deposited in the State Treasury in the Podiatry Fund, pursuant to Section 2499. The fee shall not exceed the cost of administering this subparagraph. (6) A statement that the practitioner provides services under a specified private or public insurance plan or health care plan. (7) A statement of names of schools and postgraduate clinical training programs from which the practitioner has graduated, together with the degrees received. (8) A statement of publications authored by the practitioner. (9) A statement of teaching positions currently or formerly held by the practitioner, together with pertinent dates. (10) A statement of his or her affiliations with hospitals or clinics. (11) A statement of the charges or fees for services or commodities offered by the practitioner. (12) A statement that the practitioner regularly accepts installment payments of fees. (13) Otherwise lawful images of a practitioner, his or her physical facilities, or of a commodity to be advertised. (14) A statement of the manufacturer, designer, style, make, trade name, brand name, color, size, or type of commodities advertised. (15) An advertisement of a registered dispensing optician may include statements in addition to those specified in paragraphs (1) to (14), inclusive, provided that any statement shall not violate subdivision (a), (b), (c), or (e) or any other section of this code. (16) A statement, or statements, providing public health information encouraging preventive or corrective care. (17) Any other item of factual information that is not false, fraudulent, misleading, or likely to deceive. (i) Each of the healing arts boards and examining committees within Division 2 shall adopt appropriate regulations to enforce this section in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. Each of the healing arts boards and committees and examining committees within Division 2 shall, by regulation, define those efficacious services to be advertised by businesses or professions under their jurisdiction for the purpose of determining whether advertisements are false or misleading. Until a definition for that service has been issued, no advertisement for that service shall be disseminated. However, if a definition of a service has not been issued by a board or committee within 120 days of receipt of a request from a licensee, all those holding the license may advertise the service. Those boards and committees shall adopt or modify regulations defining what services may be advertised, the manner in which defined services may be advertised, and restricting advertising that would promote the inappropriate or excessive use of health services or commodities. A board or committee shall not, by regulation, unreasonably prevent truthful, nondeceptive price or otherwise lawful forms of advertising of services or commodities, by either outright prohibition or imposition of onerous disclosure requirements. However, any member of a board or committee acting in good faith in the adoption or enforcement of any regulation shall be deemed to be acting as an agent of the state. (j) The Attorney General shall commence legal proceedings in the appropriate forum to enjoin advertisements disseminated or about to be disseminated in violation of this section and seek other appropriate relief to enforce this section. Notwithstanding any other provision of law, the costs of enforcing this section to the respective licensing boards or committees may be awarded against any licensee found to be in violation of any provision of this section. This shall not diminish the power of district attorneys, county counsels, or city attorneys pursuant to existing law to seek appropriate relief. (k) A physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) by the Medical Board of California or a doctor of podiatric medicine licensed pursuant to Article 22 (commencing with Section 2460) of Chapter 5 by the California Board of Podiatric Medicine who knowingly and intentionally violates this section may be cited and assessed an administrative fine not to exceed ten thousand dollars ($10,000) per event. Section 125.9 shall govern the issuance of this citation and fine except that the fine limitations prescribed in paragraph (3) of subdivision (b) of Section 125.9 shall not apply to a fine under this subdivision. (Amended by Stats. 2017, Ch. 775, Sec. 6. (SB 798) Effective January 1, 2018.)
  92. 651.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Certain labor organizations and employee groups may inform members about health plan benefits and charges, but related advertising must comply with Knox-Keene rules and they may not profit from the plan.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 651.3. (a) Any labor organization, bona fide employee group or bona fide employee association having contracted health care services from a health care service plan under the Knox-Keene Health Care Service Plan Act of 1975 (commencing with Section 1340 of the Health and Safety Code) may inform its members as to the benefits available and the charges therefor. (b) Any new or revised written advertising or solicitation, or any form of evidence of coverage adopted by a health care service plan under the Knox-Keene Health Care Service Plan Act of 1975 (commencing with Section 1340 of the Health and Safety Code) for distribution to members pursuant to subdivision (a) shall comply with the provisions of the Knox-Keene Health Care Service Plan Act of 1975 and the regulations thereunder. (c) Any labor organization, bona fide employee group or bona fide employee association, contracting for a health care service plan under this section, shall not derive any profit from such plan. Nothing contained in this section shall be construed as authorizing a provider of medical assistance, including a prepaid health plan, under the Medi-Cal Act or the Waxman-Duffy Prepaid Health Plan Act to advertise in violation of any of the provisions of such acts and regulations developed thereto. (Amended by Stats. 1981, Ch. 662, Sec. 1.)
  93. 6510.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    This section places the Professional Fiduciaries Bureau under the director, gives the chief responsibility for enforcing and administering the chapter, and sets out appointment and supervision rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6510. (a) There is within the jurisdiction of the department the Professional Fiduciaries Bureau. The bureau is under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief of the bureau, who is responsible to the director. Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations as the director may prescribe. (b) The Governor shall appoint, subject to confirmation by the Senate, the chief of the bureau, at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor. (c) (1) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (2) Notwithstanding any other provision of law, the repeal of this section renders the bureau subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2023, Ch. 680, Sec. 2. (AB 1262) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  94. 6511.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    This section creates the Professional Fiduciaries Advisory Committee, sets who appoints its members, how long they serve, and how often the committee must meet.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6511. (a) There is within the bureau a Professional Fiduciaries Advisory Committee. The committee shall consist of seven members; three of whom shall be licensees actively engaged as professional fiduciaries in this state, and four of whom shall be public members. One of the public members shall be a member of a nonprofit organization advocating on behalf of the elderly, and one of the public members shall be a probate court investigator. (b) The Governor shall appoint the member from a nonprofit organization advocating on behalf of the elderly, the probate court investigator, and the three licensees. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (c) Except as provided in paragraphs (1) and (2), each member of the committee shall be appointed for a term of four years, and shall hold office until the appointment of their successor or until one year shall have elapsed since the expiration of the term for which they were appointed, whichever first occurs. (1) Commencing January 1, 2027, the Governor shall appoint a licensee member and a public member from a nonprofit organization advocating on behalf of the elderly to a term of two years each. Commencing January 1, 2029, the Governor shall resume appointing these committee positions to four-year terms. (2) Commencing January 1, 2027, the Governor shall appoint a licensee member and a probate court investigator to a term of three years each. Commencing January 1, 2030, the Governor shall resume appointing these committee positions to four-year terms. (d) Vacancies shall be filled by the appointing power for the unexpired portion of the terms in which they occur. A person shall not serve as a member of the committee for more than two consecutive terms. (e) Every member of the committee shall receive per diem and expenses as provided in Sections 103 and 113. (f) The committee shall do all of the following: (1) Examine the functions and policies of the bureau and make recommendations with respect to policies, practices, and regulations as may be deemed important and necessary by the director or the chief to promote the interests of consumers or that otherwise promote the welfare of the public. (2) Consider and make appropriate recommendations to the bureau in any matter relating to professional fiduciaries in this state. (3) Provide assistance as may be requested by the bureau in the exercise of its powers or duties. (4) Meet at least once each quarter. All meetings of the committee shall be public meetings. (g) The bureau shall meet and consult with the committee regarding general policy issues related to professional fiduciaries. (Amended by Stats. 2023, Ch. 680, Sec. 3. (AB 1262) Effective January 1, 2024.)
  95. 6513.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau may hire other employees if needed to carry out the chapter, subject to civil service and other laws, and under the chief’s direction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6513. The bureau may employ, subject to civil service and other provisions of law, other employees as may be necessary to carry out the provisions of this chapter under the direction of the chief. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  96. 6514.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must keep complete records of its proceedings, licenses, and receipts and disbursements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6514. The bureau shall keep a complete record of all its proceedings and all licenses issued, renewed, or revoked, and a detailed statement of receipts and disbursements. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  97. 6515.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau and the chief must administer and enforce this chapter, and they have the same powers and responsibilities as a department head under the cited Government Code chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6515. The duty of administering and enforcing this chapter is vested in the bureau and the chief. In the performance of this duty, the bureau and the chief have all of the powers of, and are subject to all of the responsibilities vested in and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  98. 6516.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must treat protection of the public as its top priority in licensing, regulatory, and disciplinary work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6516. Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  99. 6517.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau may adopt, amend, or repeal regulations needed to carry out this chapter, following the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6517. The bureau may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the bureau to carry into effect the provisions of law relating to this chapter. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  100. 6518.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must run the chapter’s licensing and regulatory program, approve qualifying education classes, keep a current approved-classes list, and arrange licensing exams.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6518. (a) The bureau shall be responsible for administering the licensing and regulatory program established in this chapter. (b) The bureau shall approve classes qualifying for prelicense education, as well as classes qualifying for annual continuing education required by this chapter. The bureau shall maintain a current list of all approved classes. (c) The bureau shall arrange for the preparation and administration of licensing examinations. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  101. 652.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    A violation of this article can lead to license or business-plac​e suspension or revocation, and the violation is also a misdemeanor with jail, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 652. Violation of this article in the case of a licensed person constitutes unprofessional conduct and grounds for suspension or revocation of his or her license by the board by whom he or she is licensed, or if a license has been issued in connection with a place of business, then for the suspension or revocation of the place of business in connection with which the violation occurs. The proceedings for suspension or revocation shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and each board shall have all the powers granted therein. However, in the case of a licensee of the State Department of Health Services, the proceedings shall be conducted in accordance with Section 110171 of the Health and Safety Code. In addition, any violation constitutes a misdemeanor as to any and all persons offering, delivering, receiving, accepting, or participating in any rebate, refund, commission, preference, patronage dividend, unearned discount, or consideration, whether or not licensed under this division, and is punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the imprisonment and fine. (Amended by Stats. 1997, Ch. 220, Sec. 3. Effective August 4, 1997.)
  102. 652.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    A violation of this article is a misdemeanor, unless the article provides otherwise, and can be punished by up to six months in county jail, a fine up to $2,500, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 652.5. Except as otherwise provided in this article, any violation of this article constitutes a misdemeanor as to any and all persons, whether or not licensed under this division, and is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both the imprisonment and fine. (Amended by Stats. 1994, Ch. 1206, Sec. 6. Effective January 1, 1995.)
  103. 6520.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must adopt a Professional Fiduciaries Code of Ethics by regulation and provide it online and to licensure applicants. The bureau may amend the code, but amendments do not apply to a licensee until that licensee’s next annual renewal cycle is completed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 2. Administration [6510 - 6520] ( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6520. The bureau shall adopt, by regulation, a Professional Fiduciaries Code of Ethics. The Professional Fiduciaries Code of Ethics shall be consistent with all statutory requirements, as well as requirements developed by the courts and the Judicial Council. The Professional Fiduciaries Code of Ethics shall be provided electronically on the bureau’s Internet Web site and to persons who request an application for licensure. The bureau may, by regulation, amend the Professional Fiduciaries Code of Ethics from time to time, as it deems necessary, provided that no amendment shall be effective with regard to a licensee until the licensee’s next annual license renewal cycle, as specified in subdivision (a) of Section 6541, is completed. Any amendment to the Professional Fiduciaries Code of Ethics shall be included in the license renewal materials sent to a licensee. (Amended by Stats. 2007, Ch. 354, Sec. 3. Effective January 1, 2008.)
  104. 653.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    In this article, “person” includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 653. The word “person” as used in this article includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative association. (Amended by Stats. 1994, Ch. 1010, Sec. 3. Effective January 1, 1995.)
  105. 6530.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Most people may not act or hold themselves out as a professional fiduciary unless they are licensed as one.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6530. (a) On and after January 1, 2009, no person shall act or hold themselves out to the public as a professional fiduciary unless that person is licensed as a professional fiduciary in accordance with this chapter. (b) This section does not apply to a person licensed as an attorney under the State Bar Act (Chapter 4 (commencing with Section 6000)). (c) This section does not apply to a person licensed as, and acting within the scope of practice of, a certified public accountant pursuant to Chapter 1 (commencing with Section 5000) of Division 3. (d) This section does not apply to a person enrolled as an agent to practice before the Internal Revenue Service only when acting within the scope of practice pursuant to Part 10 of Title 31 of the Code of Federal Regulations. Actions taken by an enrolled agent, when serving as a fiduciary, which are beyond the scope of their license to practice as an enrolled agent is unlicensed activity and subject to discipline under Section 146 unless the enrolled agent is also licensed as a professional fiduciary in accordance with this chapter. (Amended by Stats. 2024, Ch. 80, Sec. 8. (SB 1525) Effective January 1, 2025.)
  106. 6531.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    A professional fiduciary must not operate with an expired, suspended, retired, canceled, or revoked license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6531. A professional fiduciary shall not operate with an expired, suspended, retired, canceled, or revoked license. (Amended by Stats. 2014, Ch. 336, Sec. 1. (AB 2024) Effective January 1, 2015.)
  107. 6532.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Only a person with a current and active bureau license may call themselves a “licensed professional fiduciary.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6532. Only a person who holds a current and active license from the bureau may identify themselves as a “licensed professional fiduciary.” (Amended by Stats. 2024, Ch. 80, Sec. 9. (SB 1525) Effective January 1, 2025.)
  108. 6533.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A person may qualify for a professional fiduciary license only by meeting all listed requirements, including age, education or experience, fingerprinting, exam passage, ethics compliance, credit check consent, a signed application, and the fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6533. In order to meet the qualifications for licensure as a professional fiduciary a person shall meet all of the following requirements: (a) Be at least 21 years of age. (b) Have not committed any acts that are grounds for denial of a license under Section 480 or 6536. (c) Submit fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information. (d) Have completed the required prelicensing education described in Section 6538. (e) Have passed the licensing examination administered by the bureau pursuant to Section 6539. (f) Have at least one of the following: (1) A baccalaureate degree of arts or sciences from a college or university accredited by a nationally recognized accrediting body of colleges and universities or a higher level of education. (2) An associate of arts or sciences degree from a college or university accredited by a nationally recognized accrediting body of colleges and universities, and at least three years of experience with either of the following substantive fiduciary responsibilities: (A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (3) At least five years of experience with either of the following substantive fiduciary responsibilities: (A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501. (g) Agree to adhere to the Professional Fiduciaries Code of Ethics and to all statutes and regulations. (h) Consent to the bureau conducting a credit check on the applicant. (i) File a completed application for licensure with the bureau on a form provided by the bureau and signed by the applicant under penalty of perjury. (j) Submit with the license application a nonrefundable application fee, as specified in this chapter. (Amended by Stats. 2021, Ch. 188, Sec. 4. (SB 826) Effective January 1, 2022.)
  109. 6533.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Applicants must submit fingerprints to the Department of Justice, and the Department of Justice must process and share the resulting criminal history information with the bureau.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6533.5. Criminal offender record information shall be obtained on each applicant as provided in this section. (a) Each applicant shall submit fingerprint images to the Department of Justice for the purpose of obtaining criminal offender record information regarding state and federal level convictions and arrests, including arrests where the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal. (b) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a fitness determination to the bureau. (c) The Department of Justice shall provide a response to the bureau pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The bureau shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  110. 6534.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must keep certain licensee-file information, share it with courts for specified purposes, keep it confidential except as allowed, and make some of it public.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6534. (a) The bureau shall maintain the following information in each licensee’s file, shall make this information available to a court for any purpose, including the determination of the appropriateness of appointing, continuing the appointment of, or removing, the licensee as a conservator, guardian, trustee, personal representative of decedent’s estate, agent under a durable power of attorney for health care, agent under a durable power of attorney for finances, or a position arising from an appointment as a professional fiduciary practice administrator, and shall otherwise keep this information confidential, except as provided in subdivisions (b) and (c) of this section: (1) The names of the licensee’s current conservatees, wards, principals under a durable power of attorney for health care, or principals under a durable power of attorney for finances, and the names of the trusts or estates currently administered by the licensee, whether the case is court supervised or non-court supervised. (2) The aggregate dollar value of all assets currently under the licensee’s supervision as a professional fiduciary. (3) The licensee’s current addresses and telephone numbers for their place of business and place of residence. (4) Whether the licensee has ever been removed for cause as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, or has ever resigned or settled a matter in which a complaint against the licensee has been filed with the court as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, or agent under a durable power of attorney for finances, or a position arising from an appointment as a professional fiduciary practice administrator, in a specific case. (5) The circumstances causing a removal or resignation described in paragraph (4) and the case names, court locations, and case numbers associated with the removal or resignation. (6) The case names, court locations, and case numbers of all conservatorship, guardianship, trust, or other estate administration cases that are closed for which the licensee served as the conservator, guardian, trustee, agent under a durable power of attorney for finance or health care, personal representative of a decedent’s estate, or professional fiduciary practice administrator, whether the case is court supervised or non-court supervised. (7) Information regarding any discipline imposed upon the licensee by the bureau. (8) Whether the licensee has filed for bankruptcy or held a controlling financial interest in a business that filed for bankruptcy in the last 10 years. (b) The bureau shall make the information in paragraphs (2), (4), (7), and (8) of subdivision (a) available to the public. (c) The bureau shall also publish information regarding licensees on the Internet as specified in Section 27. The information shall include, but shall not be limited to, information regarding license status and the information specified under subdivision (b). (Amended by Stats. 2023, Ch. 680, Sec. 6. (AB 1262) Effective January 1, 2024.)
  111. 6535.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must decide licensure applications in a timely manner and, if it approves a license, notify the applicant and issue a certificate naming the person a licensed professional fiduciary.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6535. The bureau shall approve or deny licensure in a timely manner to applicants who apply for licensure. Upon approval of a license, the bureau shall notify the applicant of issuance of the license, and shall issue a license certificate identifying him or her as a “licensed professional fiduciary.” (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  112. 6536.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau must review all licensure applications, may investigate an applicant’s qualifications, must approve applications that meet licensure requirements, and must not issue a license to applicants who meet listed disqualifying criteria.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6536. The bureau shall review all applications for licensure and may investigate an applicant’s qualifications for licensure. The bureau shall approve those applications that meet the requirements for licensure, but shall not issue a license to any applicant who meets any of the following criteria: (a) Does not meet the qualifications for licensure under this chapter. (b) Has been convicted of a crime substantially related to the qualifications, functions, or duties of a fiduciary. (c) Has engaged in fraud or deceit in applying for a license under this chapter. (d) Has engaged in dishonesty, fraud, or gross negligence in performing the functions or duties of a fiduciary, including engaging in such conduct prior to January 1, 2009. (e) Has been removed as a fiduciary by a court for breach of trust committed intentionally, with gross negligence, in bad faith, or with reckless indifference, or has demonstrated a pattern of negligent conduct, including a removal prior to January 1, 2009, and all appeals have been taken, or the time to file an appeal has expired. (Amended by Stats. 2009, Ch. 308, Sec. 83. (SB 819) Effective January 1, 2010.)
  113. 6537.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau may deny a license for reasons listed in Sections 480 or 6536. If an applicant is notified that licensure was denied, the applicant has a right to appeal to the bureau under Chapter 2 of Division 1.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6537. The bureau may deny a license for the reasons specified in Section 480 or 6536. An applicant notified of the denial of his or her application for licensure shall have the right to appeal to the bureau as specified in Chapter 2 (commencing with Section 480) of Division 1.5. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  114. 6538.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Applicants and licensees must complete specified prelicensing or continuing education hours, and clients cannot be charged for required course costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6538. (a) (1) To qualify for licensure, an applicant shall have completed 30 hours of prelicensing education courses provided by an educational program approved by the bureau. (2) Beginning January 1, 2023, the prelicensing education courses shall include at least one hour of instruction in cultural competency. (b) (1) To renew a license, or to restore a license from retired status to active status, a licensee shall complete 15 hours of approved continuing education courses each annual renewal cycle. (2) Beginning January 1, 2023, as part of the approved continuing education courses required by paragraph (1), a licensee shall complete at least two hours of instruction in ethics, two hours of instruction in cultural competency, or two hours of instruction in both ethics and cultural competency every annual renewal cycle. (c) The cost of any educational course required by this chapter shall not be borne by any client served by a licensee. (d) For purposes of this section, “cultural competency” means understanding and applying cultural and ethnic data to the process of providing services that includes, but is not limited to, information on the appropriate services for the lesbian, gay, bisexual, transgender, and intersex communities, ethnic communities, and religious communities. (Amended by Stats. 2022, Ch. 511, Sec. 35. (SB 1495) Effective January 1, 2023.)
  115. 6539.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    An applicant for licensure must take and pass the bureau’s licensing examination. The bureau sets exam frequency, reexamination timing, and may administer the exam by computer-based or other means.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6539. As a requirement for licensure, an applicant shall take and pass the licensing examination administered by the bureau. The bureau shall determine the frequency with which the examination will be given. The bureau shall also determine the frequency with which an applicant for reexamination may sit for the examination. The bureau shall administer the examination through a computer-based examination process and may also administer the examination through other means. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  116. 654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    A person licensed under Chapter 5 may not hold membership, a proprietary interest, or coownership with a Chapter 5.5 licensee in the referred-business or profit-sharing context described here.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 654. No person licensed under Chapter 5 (commencing with Section 2000) of this division may have any membership, proprietary interest or coownership in any form in or with any person licensed under Chapter 5.5 (commencing with Section 2550) of this division to whom patients, clients or customers are referred or any profit-sharing arrangements. (Amended by Stats. 1979, Ch. 688.)
  117. 654.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Certain licensed persons may not refer patients to a laboratory in which they have an ownership or profit-sharing interest unless they give the patient written disclosure at the time of referral.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 654.1. Persons licensed under Chapter 4 (commencing with Section 1600) of this division or licensed under Chapter 5 (commencing with Section 2000) of this division or licensed under any initiative act referred to in this division relating to osteopaths may not refer patients, clients, or customers to any clinical laboratory licensed under Section 1265 in which the licensee has any membership, proprietary interest, or coownership in any form, or has any profit-sharing arrangement, unless the licensee at the time of making such referral discloses in writing such interest to the patient, client, or customer. The written disclosure shall indicate that the patient may choose any clinical laboratory for purposes of having any laboratory work or assignment performed. This section shall not apply to persons who are members of a medical group which contracts to provide medical care to members of a group practice prepayment plan registered under the Knox-Keene Health Care Service Act of 1975, Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. This section shall not apply to any referral to a clinical laboratory which is owned and operated by a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. This section does not prohibit the acceptance of evaluation specimens for proficiency testing or referral of specimens or such assignment from one clinical laboratory to another clinical laboratory, either licensed or exempt under this chapter, providing the report indicates clearly the laboratory performing the test. “Proprietary interest” does not include ownership of a building where space is leased to a clinical laboratory at the prevailing rate under a straight lease arrangement. A violation of this section is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. A second or subsequent conviction shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 4. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  118. 654.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Licensed persons generally may not refer or bill patients to an organization in which they or immediate family have a significant beneficial interest unless they first give the patient a written disclosure and choice notice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 654.2. (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to charge, bill, or otherwise solicit payment from a patient on behalf of, or refer a patient to, an organization in which the licensee, or the licensee’s immediate family, has a significant beneficial interest, unless the licensee first discloses in writing to the patient, that there is such an interest and advises the patient that the patient may choose any organization for the purpose of obtaining the services ordered or requested by the licensee. (b) The disclosure requirements of subdivision (a) may be met by posting a conspicuous sign in an area which is likely to be seen by all patients who use the facility or by providing those patients with a written disclosure statement. Where referrals, billings, or other solicitations are between licensees who contract with multispecialty clinics pursuant to subdivision (l) of Section 1206 of the Health and Safety Code or who conduct their practice as members of the same professional corporation or partnership, and the services are rendered on the same physical premises, or under the same professional corporation or partnership name, the requirements of subdivision (a) may be met by posting a conspicuous disclosure statement at a single location which is a common area or registration area or by providing those patients with a written disclosure statement. (c) On and after July 1, 1987, persons licensed under this division or under any initiative act referred to in this division shall disclose in writing to any third-party payer for the patient, when requested by the payer, organizations in which the licensee, or any member of the licensee’s immediate family, has a significant beneficial interest and to which patients are referred. The third-party payer shall not request this information from the provider more than once a year. Nothing in this section shall be construed to serve as the sole basis for the denial or delay of payment of claims by third party payers. (d) For the purposes of this section, the following terms have the following meanings: (1) “Immediate family” includes the spouse and children of the licensee, the parents of the licensee and licensee’s spouse, and the spouses of the children of the licensee. (2) “Significant beneficial interest” means any financial interest that is equal to or greater than the lesser of the following: (A) Five percent of the whole. (B) Five thousand dollars ($5,000). (3) A third-party payer includes any health care service plan, self-insured employee welfare benefit plan, disability insurer, nonprofit hospital service plan, or private group or indemnification insurance program. A third party payer does not include a prepaid capitated plan licensed under the Knox-Keene Health Care Service Plan Act of 1975 or Chapter 11a (commencing with Section 11491) of Part 2 of Division 2 of the Insurance Code. (e) This section shall not apply to a “significant beneficial interest” which is limited to ownership of a building where the space is leased to the organization at the prevailing rate under a straight lease agreement or to any interest held in publicly traded stocks. (f) (1) This section does not prohibit the acceptance of evaluation specimens for proficiency testing or referral of specimens or assignment from one clinical laboratory to another clinical laboratory, either licensed or exempt under this chapter, if the report indicates clearly the name of the laboratory performing the test. (2) This section shall not apply to relationships governed by other provisions of this article nor is this section to be construed as permitting relationships or interests that are prohibited by existing law on the effective date of this section. (3) The disclosure requirements of this section shall not be required to be given to any patient, customer, or his or her representative, if the licensee, organization, or entity is providing or arranging for health care services pursuant to a prepaid capitated contract with the State Department of Health Services. (Amended by Stats. 1986, Ch. 881, Sec. 1.)
  119. 654.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    This section restricts how a licensee may arrange or establish third-party credit or loans for patients, requires written treatment plans and notice, and requires refunds in some cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 654.3. (a) For purposes of this section, the following definitions shall apply: (1) “Arrange for” and “establish” mean the act of a licensee, or an employee or agent of that licensee, receiving application information from the applicant and submitting it to the lender for approval or rejection. (2) “Deferred interest provision” means a contractual provision that allows for interest to be charged on portions of the original balance that have already been paid off. (3) “Licensee” means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association licensed under this division or under any initiative act or division referred to in this division. (4) “Licensee’s office” means either of the following: (A) An office of a licensee in solo practice. (B) An office in which services or goods are personally provided by the licensee or by employees in that office, or personally by independent contractors in that office, in accordance with law. Employees and independent contractors shall be licensed or certified when licensure or certification is required by law. (5) “Open-end credit” means credit extended by a creditor under a plan in which the creditor reasonably contemplates repeated transactions, the creditor may impose a finance charge from time to time on an outstanding unpaid balance, and the amount of credit that may be extended to the debtor during the term of the plan, up to any limit set by the creditor, is generally made available to the extent that any outstanding balance is repaid. (6) (A) “Patient” includes, but is not limited to, the patient’s parent or other legal representative. (B) In veterinary medical settings, “patient” means one of the following, as indicated by context: (i) If the patient is receiving the services, the owned animal of a client. (ii) If the patient is agreeing to or paying for services, the client owner of an animal patient. (b) (1) It is unlawful for a licensee, or employee or agent of that licensee, to arrange for or establish an open-end credit or loan that contains a deferred interest provision. (2) This subdivision shall not be construed as prohibiting a licensee, or employee or agent of a licensee, from doing any of the following: (A) Charging treatment or costs to an open-end credit or loan that is lawfully extended by a third party, including those that contain deferred interest provisions. (B) Arranging for or establishing an open-end credit or loan that does any of the following: (i) Offers a promotional period during which a debtor may avoid the payment of interest in connection with an open-end credit plan. (ii) At the end of a promotional period, charges interest on any unpaid balance remaining at that time. (iii) Imposes a late fee on a debtor who fails to pay the minimum amount due during any payment period. (c) (1) It is unlawful for a licensee, or employee or agent of that licensee, to charge treatment or costs to an open-end credit or loan, that is extended by a third party and that is arranged for, or established in, that licensee’s office, more than 30 days before the date upon which the treatment is rendered or costs are incurred. (2) This subdivision does not apply to orthodontic treatment provided by a licensed dentist who may charge incremental fees throughout the course of treatment. (d) It is unlawful for a licensee, or employee or agent of that licensee, to charge treatment or costs to an open-end credit or loan that is extended by a third party and that is arranged for, or established in, that licensee’s office without first providing the patient with a treatment plan, as required by subdivision (h), and a list of which treatment and services are being charged in advance of rendering treatment or incurring costs. (e) It is unlawful for a licensee, or employee or agent of a licensee, to complete any portion of an application for credit or a loan extended by a third party for the patient or otherwise arrange for or establish an application that is not completely filled out by the patient. (f) A licensee shall, within 15 business days of a patient’s request, refund to the lender any payment received through credit or a loan extended by a third party that is arranged for, or established in, that licensee’s office for treatment that has not been rendered or costs that have not been incurred. (g) A licensee, or an employee or agent of that licensee, shall not arrange for or establish credit or a loan extended by a third party for a patient without first providing the following written or electronic notice, on one page or screen, respectively, in at least 14-point type, and obtaining a signature from the patient: “Credit or Loan for Health Care Services The attached application and information is for a credit card or loan to help you pay for your health care treatment. You should know that: You are applying for a ____ credit card or a ____ loan for $____. You do not have to apply for the credit card or the loan. You may request a different place and additional time to review, fill out, and sign the application. You may pay your health care provider for treatment in another manner. This credit card or loan is not a payment plan with the provider’s office. It is credit with, or a loan made by, [name of company issuing the credit card or loan]. Your health care provider does not work for this company. Before applying for this credit card or loan, you have the right to a written treatment plan from your health care provider. This plan must include the expected treatment to be provided and the estimated costs of each service. If you have insurance, the treatment plan must tell you how much your insurance is expected to cover. If you are a Medi-Cal patient seeking services from a Medi-Cal provider, your treatment plan must tell you if Medi-Cal will cover a different service to treat your condition. If you only want services covered by Medi-Cal, you should not sign up for this credit card or loan. Your health care provider cannot charge your credit card or loan account before you start treatment. You have the right to have your credit card or loan account refunded for any charges for treatment you did not get. However, your provider does not have to refund the amount they spent to prepare for your treatment. Your health care provider must refund the amount of the charges to the lender within 15 business days of your request. The lender must take refunded charges off your account. Please read carefully the terms and conditions of this credit card or loan. You may be required to pay interest rates on the amount charged to the credit card or the amount of the loan. If you pay late, you may have to pay a penalty and a higher interest rate. You may use this credit card or loan to pay for future health care services. If you do not pay the money that you owe on the credit card or loan, your missed payments can be reported and could hurt your credit rating. You could also be sued. [Patient’s Signature]” (h) Before arranging for or establishing credit or a loan extended by a third party, a licensee shall give a patient a written treatment plan that complies with all of the following: (1) The treatment plan shall include each anticipated service to be provided and the estimated cost of each service. (2) If a patient is covered by a private or government medical benefit plan or medical insurance from which the licensee takes assignment of benefits, the treatment plan shall indicate the patient’s private or government-estimated share of cost for each service. (3) If the licensee accepts Medi-Cal, the treatment plan for a Medi-Cal patient shall indicate if Medi-Cal would cover an alternate, medically necessary service as defined in Section 14059.5 of the Welfare and Institutions Code. The treatment plan shall indicate that the Medi-Cal patient has a right to ask for only services covered by Medi-Cal and that the licensee agrees to follow Medi-Cal rules to secure Medi-Cal covered services before treatment. (4) If the licensee does not take assignment of benefits from a patient’s medical benefit plan or insurance, the treatment plan shall indicate that the treatment may or may not be covered by a patient’s medical benefit or insurance plan, and that the patient has the right to confirm medical benefit or insurance information from the patient’s plan, insurer, or employer before beginning treatment. (i) A licensee, or an employee or agent of that licensee, shall not arrange for or establish credit or a loan extended by a third party for a patient with whom the licensee, or an employee or agent of that licensee, communicates primarily in a language other than English that is one of the Medi-Cal threshold languages, unless the written notice information required by subdivision (g) is also provided in that language. (j) (1) A licensee, or an employee or agent of that licensee, shall not arrange for or establish credit or a loan that is extended by a third party for a patient under either of the following circumstances: (A) The patient has been administered or is under the influence of general anesthesia, conscious sedation, or nitrous oxide. (B) The patient is in a treatment area, including, but not limited to, an exam room, surgical room, or other area where medical treatment is administered, unless the patient agrees to fill out and sign the application to arrange for or establish credit or a loan in the treatment area. (2) Paragraph (1) shall not apply to veterinary medicine. Any credit or loan application offered to an owner of an animal shall be filled out by the owner. (k) A patient who suffers any damage as a result of the use or employment by any person of a method, act, or practice that willfully violates this section may seek the relief provided by Chapter 4 (commencing with Section 1780) of Title 1.5 of Part 4 of Division 3 of the Civil Code. (l) The rights, remedies, and penalties set forth in this article are cumulative, and shall not supersede the rights, remedies, or penalties established under other laws. (m) This section shall become operative on July 1, 2020. (Repealed (in Sec. 1) and added by Stats. 2019, Ch. 856, Sec. 2. (SB 639) Effective January 1, 2020. Section operative July 1, 2020, by its own provisions.)
  120. 6540.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Anyone proposing to offer qualifying education programs must apply for and get bureau approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6540. Individuals, entities, agencies, and associations that propose to offer educational programs qualifying for the prelicensing educational or continuing educational requirements of this chapter shall apply for and obtain the approval of the bureau. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  121. 6541.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A license expires one year after issuance, on the last day of that month. Renewal is allowed if the licensee files the required application and statement, shows continuing-education compliance, pays the fee, and has not engaged in disqualifying conduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6541. (a) A license shall expire one year after it was issued on the last day of the month in which it was issued. (b) A license may be renewed by filing a renewal application with the bureau, submitting the annual statement required by Section 6561, submitting proof of the licensee’s compliance with the continuing education requirements of this chapter, and payment of the renewal fee set by the bureau, provided that the licensee has not engaged in conduct that would justify the bureau’s refusal to grant the renewal. Acts justifying the bureau’s refusal to renew a license shall include any of the following: (1) Conviction of a crime substantially related to the qualifications, functions, or duties of a fiduciary. (2) Fraud or deceit in obtaining a license under this chapter. (3) Dishonesty, fraud, or gross negligence in performing the functions or duties of a professional fiduciary. (4) Removal by a court as a fiduciary for breach of fiduciary duty if all appeals have been taken or the time to file an appeal has expired. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  122. 6541.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A license not renewed within three years after expiration cannot be renewed, restored, or reinstated and is canceled. A canceled license may be reinstated if the applicant meets five listed requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6541.1. (a) A license that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated, and the license shall be canceled immediately upon expiration of the three-year period. (b) A canceled license may be reinstated if the applicant satisfies all of the following requirements: (1) Submits an application for licensure and fulfills all application requirements pursuant to Section 6533. (2) Completes 15 hours of continuing education during the preceding calendar year in addition to any educational requirements specified in Section 6533. (3) Submits fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information. (4) Passes the licensing examination pursuant to Section 6539. (5) Not subject to denial of licensure pursuant to Section 480. (Amended by Stats. 2023, Ch. 680, Sec. 7. (AB 1262) Effective January 1, 2024.)
  123. 6542.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The bureau may create a retired-status license process, and retired-license holders do not have to renew or file the annual statement. The bureau must deny retired-status applications in certain disciplinary or restricted-license situations and must set minimum qualifications for retired status and restoration to active status.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6542. (a) The bureau may establish, by regulation, a system for the placement of a license into retired status, upon application and submission to the bureau of a statement as required by Section 6561, for a professional fiduciary who is not actively engaged in the practice of a professional fiduciary or any activity that requires them to be licensed by the bureau. (b) The bureau shall deny an applicant’s application to place a license in retired status if the license is subject to an outstanding order of the bureau, suspended, placed on probation, revoked, or otherwise restricted by the bureau, or subject to disciplinary action under this chapter. (c) The holder of a retired license shall not be required to renew that license or submit an annual statement pursuant to Section 6561. (d) The bureau shall establish minimum qualifications to place a license in retired status. (e) The bureau shall establish minimum qualifications for the restoration of a license from retired status to active status. These minimum qualifications shall include, but are not limited to, completion of continuing education hours as provided in subdivision (b) of Section 6538, submission of a statement as provided in subdivision (a) of Section 6561, and payment of a fee as provided in subdivision (e) of Section 6592. (Amended by Stats. 2023, Ch. 680, Sec. 8. (AB 1262) Effective January 1, 2024.)
  124. 6543.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. )

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    Some disciplined license holders may ask the bureau to reinstate the license or reduce the penalty after waiting at least one year; the director must decide the petition and may impose conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 3. Licensing [6530 - 6543] ( Article 3 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6543. (a) A person whose license has been revoked or surrendered may petition the bureau for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. The director may specify a longer period that must elapse, not to exceed three years, in any decision revoking the license, accepting the surrender of the license due to pending disciplinary action, or denying reinstatement of the license. (b) A person whose license has not been revoked or surrendered but who has been disciplined by imposition of a suspension or otherwise disciplined may petition the bureau for reinstatement or reduction of penalty after a period of not less than one year has elapsed from the effective date of the decision. (c) The director shall rule on the petition and impose any terms and conditions that the director reasonably deems appropriate as a condition of reinstatement or reduction of penalty, including, but not limited to, issuing a probationary license or requiring additional continuing education prior to reinstatement. (Added by Stats. 2023, Ch. 680, Sec. 9. (AB 1262) Effective January 1, 2024.)
  125. 655.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    This section restricts optometrists, registered dispensing opticians, optical companies, and health plans from having certain ownership or profit-sharing relationships, and it sets detailed lease, advertising, and disciplinary rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 655. (a) For the purposes of this section, the following terms have the following meanings: (1) “Health plan” means a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (2) “Optical company” means a person or entity that is engaged in the manufacture, sale, or distribution to physicians and surgeons, optometrists, health plans, or dispensing opticians of lenses, frames, optical supplies, or optometric appliances or devices or kindred products. (3) “Optometrist” means a person licensed pursuant to Chapter 7 (commencing with Section 3000) or an optometric corporation, as described in Section 3160. (4) “Physician and surgeon” means a person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000) or a medical corporation that is authorized to render professional services, as defined in Section 13401 of the Corporations Code. (5) “Registered dispensing optician” means a person or entity licensed pursuant to Chapter 5.5 (commencing with Section 2550). (6) “Therapeutic ophthalmic product” means lenses or other products that provide direct treatment of eye disease or visual rehabilitation for diseased eyes. (b) No optometrist may have any membership, proprietary interest, coownership, or any profit-sharing arrangement, either by stock ownership, interlocking directors, trusteeship, mortgage, or trust deed, with any registered dispensing optician or any optical company, except as otherwise permitted under this section. (c) (1) A registered dispensing optician or an optical company may operate, own, or have an ownership interest in a health plan so long as the health plan does not directly employ optometrists to provide optometric services directly to enrollees of the health plan, and may directly or indirectly provide products and services to the health plan or its contracted providers or enrollees or to other optometrists. For purposes of this section, an optometrist may be employed by a health plan as a clinical director for the health plan pursuant to Section 1367.01 of the Health and Safety Code or to perform services related to utilization management or quality assurance or other similar related services that do not require the optometrist to directly provide health care services to enrollees. In addition, an optometrist serving as a clinical director may not employ optometrists to provide health care services to enrollees of the health plan for which the optometrist is serving as clinical director. For the purposes of this section, the health plan’s utilization management and quality assurance programs that are consistent with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) do not constitute providing health care services to enrollees. (2) The registered dispensing optician or optical company shall not interfere with the professional judgment of the optometrist. (3) The Department of Managed Health Care shall forward to the California State Board of Optometry any complaints received from consumers that allege that an optometrist violated the Optometry Practice Act (Chapter 7 (commencing with Section 3000)). The Department of Managed Health Care and the California State Board of Optometry shall enter into an Inter-Agency Agreement regarding the sharing of information related to the services provided by an optometrist that may be in violation of the Optometry Practice Act that the Department of Managed Health Care encounters in the course of the administration of the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (d) An optometrist, a registered dispensing optician, a physician and surgeon, an optical company, or a health plan may execute a lease, sublease, or other written agreement with an optometrist, if all of the following conditions are contained in a written agreement establishing the landlord-tenant relationship: (1) (A) The practice shall be owned by the optometrist and in every phase be under the optometrist’s exclusive control, including the selection and supervision of optometric staff, the scheduling of patients, the amount of time the optometrist spends with patients, fees charged for optometric products and services, the examination procedures and treatment provided to patients, and the optometrist’s contracting with managed care organizations. (B) Subparagraph (A) shall not preclude a lease from including commercially reasonable terms that: (i) require the provision of optometric services at the leased space during certain days and hours, (ii) restrict the leased space from being used for the sale or offer for sale of spectacles, frames, lenses, contact lenses, or other ophthalmic products, except that the optometrist shall be permitted to sell therapeutic ophthalmic products if the registered dispensing optician, physician and surgeon, health plan, or optical company located on or adjacent to the optometrist’s leased space does not offer any substantially similar therapeutic ophthalmic products for sale, (iii) require the optometrist to contract with a health plan network, health plan, or health insurer, or (iv) permit the landlord to directly or indirectly provide furnishings and equipment in the leased space. (2) The optometrist’s records shall be the sole property of the optometrist. Only the optometrist and those persons with written authorization from the optometrist shall have access to the patient records and the examination room, except as otherwise provided by law. (3) The optometrist’s leased space shall be definite and distinct from space occupied by other occupants of the premises, have a sign designating that the leased space is occupied by an independent optometrist or optometrists and be accessible to the optometrist after hours or in the case of an emergency, subject to the facility’s general accessibility. This paragraph shall not require a separate entrance to the optometrist’s leased space. (4) All signs and displays shall be separate and distinct from that of the other occupants and shall have the optometrist’s name and the word “optometrist” prominently displayed in connection therewith. This paragraph shall not prohibit the optometrist from advertising the optometrist’s practice location with reference to other occupants or prohibit the optometrist or registered dispensing optician from advertising their participation in any health plan’s network or the health plan’s products in which the optometrist or registered dispensing optician participates. (5) There shall be no signs displayed on any part of the premises or in any advertising indicating that the optometrist is employed or controlled by the registered dispensing optician, health plan, or optical company. (6) Except for a statement that an independent doctor of optometry is located in the leased space, in-store pricing signs and as otherwise permitted by this subdivision, the registered dispensing optician or optical company shall not link its advertising with the optometrist’s name, practice, or fees. (7) Notwithstanding paragraphs (4) and (6), this subdivision shall not preclude a health plan from advertising its health plan products and associated premium costs and any copayments, coinsurance, deductibles, or other forms of cost sharing, or the names and locations of the health plan’s providers, including any optometrists or registered dispensing opticians that provide professional services, in compliance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (8) A health plan that advertises its products and services in accordance with paragraph (7) shall not advertise the optometrist’s fees for products and services that are not included in the health plan’s contract with the optometrist. (9) The optometrist shall not be precluded from collecting fees for services that are not included in a health plan’s products and services, subject to any patient disclosure requirements contained in the health plan’s provider agreement with the optometrist or that are not otherwise prohibited by the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (10) The term of the lease shall be no less than one year and shall not require the optometrist to contract exclusively with a health plan. The optometrist may terminate the lease according to the terms of the lease. The landlord may terminate the lease for the following reasons: (A) The optometrist’s failure to maintain a license to practice optometry or the imposition of restrictions, suspension or revocation of the optometrist’s license, or if the optometrist or the optometrist’s employee is or becomes ineligible to participate in state or federal government-funded programs. (B) Termination of any underlying lease where the optometrist has subleased space, or the optometrist’s failure to comply with the underlying lease provisions that are made applicable to the optometrist. (C) If the health plan is the landlord, the termination of the provider agreement between the health plan and the optometrist, in accordance with the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (D) Other reasons pursuant to the terms of the lease or permitted under the Civil Code. (11) The landlord shall act in good faith in terminating the lease and in no case shall the landlord terminate the lease for reasons that constitute interference with the practice of optometry. (12) Lease or rent terms and payments shall not be based on number of eye exams performed, prescriptions written, patient referrals, or the sale or promotion of the products of a registered dispensing optician or an optical company. (13) The landlord shall not terminate the lease solely because of a report, complaint, or allegation filed by the optometrist against the landlord, a registered dispensing optician, or a health plan, to the California State Board of Optometry or the Department of Managed Health Care or any law enforcement or regulatory agency. (14) The landlord shall provide the optometrist with written notice of the scheduled expiration date of a lease at least 60 days prior to the scheduled expiration date. This notice obligation shall not affect the ability of either party to terminate the lease pursuant to this section. The landlord may not interfere with an outgoing optometrist’s efforts to inform the optometrist’s patients, in accordance with customary practice and professional obligations, of the relocation of the optometrist’s practice. (15) The California State Board of Optometry may inspect, upon request, an individual lease agreement pursuant to its investigational authority, and if such a request is made, the landlord or tenant, as applicable, shall promptly comply with the request. Failure or refusal to comply with the request for lease agreements within 30 days of receiving the request constitutes unprofessional conduct and is grounds for disciplinary action by the appropriate regulatory agency. This section shall not affect the Department of Managed Health Care’s authority to inspect all books and records of a health plan pursuant to Section 1381 of the Health and Safety Code. Any financial information contained in the lease submitted to a regulatory entity, pursuant to this paragraph, shall be considered confidential trade secret information that is exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (16) This subdivision shall not be applicable to the relationship between any optometrist employee and the employer medical group, or the relationship between a medical group exclusively contracted with a health plan regulated by the Department of Managed Health Care and that health plan. (e) No registered dispensing optician may have any membership, proprietary interest, coownership, or profit-sharing arrangement either by stock ownership, interlocking directors, trusteeship, mortgage, or trust deed, with an optometrist, except as permitted under this section. (f) Nothing in this section shall prohibit a person licensed under Chapter 5 (commencing with Section 2000) or its professional corporation from contracting with or employing optometrists, ophthalmologists, or optometric assistants and entering into a contract or landlord-tenant relationship with a health plan, an optical company, or a registered dispensing optician, in accordance with Sections 650 and 654 of this code. (g) Any violation of this section constitutes a misdemeanor as to such person licensed under Chapter 7 (commencing with Section 3000) of this division and as to any and all persons, whether or not so licensed under this division, who participate with such licensed person in a violation of any provision of this section. (h) (1) Notwithstanding any other law and in addition to any action available to the California State Board of Optometry, the California State Board of Optometry may issue a citation containing an order of abatement, an order to pay an administrative fine, or both, to an optical company, an optometrist, or a registered dispensing optician for a violation of this section. The administrative fine shall not exceed fifty thousand dollars ($50,000) per administrative action. Notwithstanding any other law and in addition to any action available to the Medical Board of California or the Osteopathic Medical Board of California, the Medical Board of California or the Osteopathic Medical Board of California may issue a citation containing an order of abatement, an order to pay an administrative fine, or both, to a physician and surgeon for a violation of this section. In assessing the amount of the fine, the board shall give due consideration to all of the following: (A) The gravity of the violation. (B) The good faith of the cited person or entity. (C) The history of previous violations of the same or similar nature. (D) Evidence that the violation was or was not willful. (E) The extent to which the cited person or entity has cooperated with the board’s investigation. (F) The extent to which the cited person or entity has mitigated or attempted to mitigate any damage or injury caused by the violation. (G) Any other factors as justice may require. (2) A citation or fine assessment issued pursuant to a citation shall inform the cited person or entity that if a hearing is desired to contest the finding of a violation, that hearing shall be requested by written notice to the board within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (3) The board shall adopt regulations to implement a system for the issuance of citations, administrative fines, and orders of abatement authorized by this section. The regulations shall include provisions for both of the following: (A) The issuance of a citation without an administrative fine. (B) The opportunity for a cited person or entity to have an informal conference with the executive officer of the board in addition to the hearing described in paragraph (2). (4) The failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine. (5) Notwithstanding any other law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (i) Administrative fines collected pursuant to this section shall be deposited in the fund of the board that has issued the fine. It is the intent of the Legislature that moneys collected as fines and deposited in the fund be used by the board primarily for enforcement purposes. (j) Any complaints against a physician and surgeon for violations of this section shall be referred to the physician and surgeon’s licensing board. (k) This section shall become operative on January 1, 2023. (Amended (as added by Stats. 2021, Ch. 630, Sec. 11) by Stats. 2022, Ch. 28, Sec. 2. (SB 1380) Effective January 1, 2023.)
  126. 655.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Certain physicians, medical corporations, and non-dispensing audiologists may not employ or contract with specified hearing-aid-related licensees for fitting or selling hearing aids; a narrow plan-related exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 655.2. (a) (1) No physician and surgeon or medical corporation licensed under Chapter 5 (commencing with Section 2000), nor any audiologist who is not a licensed dispensing audiologist or hearing aid dispenser shall employ any individual licensed pursuant to Article 8 (commencing with Section 2538.10) of Chapter 5.3 for the purpose of fitting or selling hearing aids. (2) No individual licensed pursuant to Article 8 (commencing with Section 2538.10) of Chapter 5.3 shall employ any physician and surgeon or any audiologist who is not a licensed dispensing audiologist or hearing aid dispenser, or contract with a medical corporation licensed under Chapter 5 (commencing with Section 2000), for the purpose of fitting or selling hearing aids. (b) This section shall not apply to any physician and surgeon or medical corporation that contracts with or is affiliated with a comprehensive group practice health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act, as set forth in Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (Amended by Stats. 2014, Ch. 316, Sec. 2. (SB 1466) Effective January 1, 2015.)
  127. 655.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    Clinical laboratories and certain licensed persons may not bill or seek payment for lab services not actually rendered unless required disclosures are made, and clinical laboratories must provide fee schedules on request.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 655.5. (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division, or any clinical laboratory, or any health facility when billing for a clinical laboratory of the facility, to charge, bill, or otherwise solicit payment from any patient, client, or customer for any clinical laboratory service not actually rendered by the person or clinical laboratory or under his, her or its direct supervision unless the patient, client, or customer is apprised at the first time of the charge, billing, or solicitation of the name, address, and charges of the clinical laboratory performing the service. The first such written charge, bill, or other solicitation of payment shall separately set forth the name, address, and charges of the clinical laboratory concerned and shall clearly show whether or not the charge is included in the total of the account, bill, or charge. This subdivision shall be satisfied if the required disclosures are made to the third-party payer of the patient, client, or customer. If the patient is responsible for submitting the bill for the charges to the third-party payer, the bill provided to the patient for that purpose shall include the disclosures required by this section. This subdivision shall not apply to a clinical laboratory of a health facility or a health facility when billing for a clinical laboratory of the facility nor to a person licensed under this division or under any initiative act referred to in this division if the standardized billing form used by the facility or person requires a summary entry for all clinical laboratory charges. For purposes of this subdivision, “health facility” has the same meaning as defined in Section 1250 of the Health and Safety Code. (b) Commencing July 1, 1994, a clinical laboratory shall provide to each of its referring providers, upon request, a schedule of fees for services provided to patients of the referring provider. The schedule shall be provided within two working days after the clinical laboratory receives the request. For the purposes of this subdivision, a “referring provider” means any provider who has referred a patient to the clinical laboratory in the preceding six-month period. Commencing July 1, 1994, a clinical laboratory that provides a list of laboratory services to a referring provider or to a potential referring provider shall include a schedule of fees for the laboratory services listed. (c) It is also unlawful for any person licensed under this division or under any initiative act referred to in this division to charge additional charges for any clinical laboratory service that is not actually rendered by the licensee to the patient and itemized in the charge, bill, or other solicitation of payment. This section shall not be construed to prohibit any of the following: (1) Any itemized charge for any service actually rendered to the patient by the licensee. (2) Any summary charge for services actually rendered to a patient by a health facility, as defined in Section 1250 of the Health and Safety Code, or by a person licensed under this division or under any initiative act referred to in this division if the standardized billing form used by the facility or person requires a summary entry for all clinical laboratory charges. (d) As used in this section, the term “any person licensed under this division” includes a person licensed under paragraph (1) of subdivision (a) of Section 1265, all wholly owned subsidiaries of the person, a parent company that wholly owns the person, and any subsidiaries wholly owned by the same parent that wholly owns the person. “Wholly owned” means ownership directly or through one or more subsidiaries. This section shall not apply to billings by a person licensed under paragraph (1) of subdivision (a) of Section 1265 when the person licensed under paragraph (1) of subdivision (a) of Section 1265 bills for services performed by any laboratory owned or operated by the person licensed under paragraph (1) of subdivision (a) of Section 1265. (e) This section shall not apply to any person or clinical laboratory who or which contracts directly with a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, if the services are to be provided to members of the plan on a prepaid basis and without additional charge or liability on account thereof. (f) A violation of this section is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (g) (1) Notwithstanding subdivision (f), a violation of this section by a physician and surgeon for a first offense shall be subject to the exclusive remedy of reprimand by the Medical Board of California if the transaction that is the subject of the violation involves a charge for a clinical laboratory service that is less than the charge would have been if the clinical laboratory providing the service billed a patient, client, or customer directly for the clinical laboratory service, and if that clinical laboratory charge is less than the charge listed in the clinical laboratory’s schedule of fees pursuant to subdivision (b). (2) Nothing in this subdivision shall be construed to permit a physician and surgeon to charge more than he or she was charged for the laboratory service by the clinical laboratory providing the service unless the additional charge is for service actually rendered by the physician and surgeon to the patient. (Amended by Stats. 2011, Ch. 15, Sec. 5. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  128. 655.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    The section generally forbids billing or seeking payment for anatomic pathology services unless the services were actually performed or directly supervised, and it limits who may be billed for those services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 655.7. (a) (1) A person licensed under this division or under an initiative act referred to in this division shall not charge, bill, or otherwise solicit payment, directly or indirectly, for anatomic pathology services if those services were not actually rendered by that person or under his or her direct supervision. (2) Notwithstanding paragraph (1), a clinical laboratory may seek payment for anatomic pathology services provided directly or through arrangements with a physician and surgeon in compliance with Article 18 (commencing with Section 2400) of Chapter 5 or if it is required to send a sample to another clinical laboratory for specialized testing or services and if that clinical laboratory has performed the services, directly or through arrangements with a physician and surgeon as set forth in this subdivision, described in subdivision (e) related to that sample. (3) Notwithstanding paragraph (1), a clinical laboratory may bill for anatomic pathology services that were performed by an affiliated clinical laboratory. For purposes of this section, an “affiliated clinical laboratory” means a clinical laboratory that is wholly owned by, is the parent company of, or is under common ownership with, the clinical laboratory billing for the anatomic pathology services. For purposes of this section, “wholly owned” means 100 percent ownership directly or through one or more subsidiaries, and “common ownership” means 100 percent ownership by a common parent company. (b) A clinical laboratory or a physician and surgeon performing anatomic pathology services shall seek payment for those services solely from the following: (1) The patient. (2) The insurer, health care service plan, or other third-party payer responsible for payment of the services. (3) The hospital, public health clinic, or nonprofit health clinic ordering the services. (4) The clinical laboratory that sent the sample for specialized testing or services only if that clinical laboratory has performed the services, directly or through arrangements with a physician and surgeon in compliance with Article 18 (commencing with Section 2400) of Chapter 5, described in subdivision (e) related to that sample. (5) A governmental agency or its specified public or private agent, agency, or organization responsible for payment of the services. (c) No person is required to reimburse a person licensed under this division or under an initiative act referred to in this division for a charge or claim made in violation of this section. (d) This section shall not apply to any of the following: (1) A person who, or a clinical laboratory that, contracts directly with a health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, if services are to be provided to enrollees of the plan on a prepaid basis. (2) A person who, or a clinic that, provides anatomic pathology services without charge to the patient, or on a sliding scale payment basis if the patient’s charge for services is determined by the patient’s ability to pay. (3) Health care programs operated by public entities, including, but not limited to, colleges and universities. (4) Health care programs operated by private educational institutions to serve the health care needs of their students. (5) A person who, or a clinic that, contracts with an employer to provide medical services to its employees if the anatomic pathology services relating to the examination of gynecologic slides are provided under the contract. (e) For the purposes of this section, the term “anatomic pathology services” means any of the following: (1) Histopathology, meaning the gross and microscopic examination of organ tissue performed by a physician and surgeon or under the supervision of a physician and surgeon. (2) Cytopathology, meaning the examination of cells from fluids, aspirates, washings, brushings, or smears, including the Pap test examination, performed by a physician and surgeon or under the supervision of a physician and surgeon. (3) Hematology, meaning the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician and surgeon, or under the supervision of a physician and surgeon, and peripheral blood smears when the attending or treating physician and surgeon or technologist requests that a blood smear be reviewed by a pathologist. (4) Subcellular pathology and molecular pathology, when required to be reviewed by a pathologist. (5) Surgical pathology, meaning the gross and microscopic examination of organ tissue performed by a physician and surgeon or under the supervision of a physician and surgeon. (6) Transfusion medicine or blood banking services performed by a pathologist. (Added by Stats. 2007, Ch. 656, Sec. 2. Effective January 1, 2008.)
  129. 655.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    This section limits how CT, PET, and MRI technical-component services may be billed, and bars billing for services not actually rendered.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 655.8. (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to charge, bill, or otherwise solicit payment from any patient, client, customer, or third-party payer for performance of the technical component of Computerized Tomography (CT), Positron Emission Tomography (PET), or Magnetic Resonance Imaging (MRI) diagnostic imaging services if those services were not actually rendered by the licensee or a person under his or her supervision. (b) Radiological facilities or imaging centers performing the technical component of CT, PET, or MRI diagnostic imaging services shall directly bill either the patient or the responsible third-party payer for such services rendered by those facilities. Radiological facilities or imaging centers shall not bill the licensee who requests the services. (c) This section shall not apply to any of the following: (1) Any person who, or radiological facility or imaging center that, contracts directly with a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code. (2) Any person who, or clinic that, provides diagnostic imaging services without charge to the patient, or on a sliding scale payment basis if the patient’s charge for services is determined by the patient’s ability to pay. (3) Health care programs operated by public entities, including, but not limited to, colleges and universities. (4) Health care programs operated by private educational institutions to serve the health care needs of their students. (5) Any person who, or clinic that, contracts with an employer to provide medical services to employees of the employer if the diagnostic imaging services are provided under the contract. (6) Diagnostic imaging services that are performed within a physician and surgeon’s office, as defined in paragraph (5) of subdivision (b) of Section 650.01, or the office of a group practice, as defined in paragraph (6) of subdivision (b) of Section 650.01. (d) Nothing in this section prohibits a licensee or a physician entity from billing globally for professional and technical components if both of the following conditions are met: (1) Neither the physician, or any member of his or her medical group, nor the physician entity has ordered the diagnostic imaging services. (2) The physician, or a member of his or her medical group, or the physician entity provides the professional interpretation of the diagnostic imaging service. (e) Nothing in subdivision (d) is intended to authorize or permit an imaging center to engage in the practice of medicine or exercise other professional rights, privileges, or powers in violation of Section 2400 of the Business and Professions Code. (f) For the purposes of this section, the following terms shall have the following meanings: (1) “Physician entity” means a professional medical corporation formed pursuant to Section 2406 or a general partnership that consists entirely of physicians and surgeons or professional medical corporations. (2) “Responsible third-party payer” means any person or entity who is responsible to pay for CT, PET, or MRI services provided to a patient. (3) “Supervision” means that the referring licensee is providing the level of supervision set forth in paragraph (3) of subsection (b) of Section 410.32 of Title 42 of the Code of Federal Regulations. (4) “Technical component” includes services other than those provided by a physician and surgeon for the CT, PET, or MRI including personnel, materials, space, equipment, and other facilities. (Added by Stats. 2008, Ch. 469, Sec. 1. Effective January 1, 2009.)
  130. 656.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

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    The superior court may issue an injunction or other appropriate order to stop conduct that violates this article, on application by specified boards or public prosecutors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 656. Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this article, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining the conduct on application of the California State Board of Optometry, the Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, the Attorney General, or the district attorney of the county. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The remedy provided for in this section shall be in addition to, and not a limitation upon, the authority provided by any other provision of this code. (Amended by Stats. 2021, Ch. 630, Sec. 12. (AB 1534) Effective January 1, 2022.)
  131. 6560.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A licensee must keep complete and accurate client records and provide them to the bureau for audit or review when requested.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6560. A licensee shall keep complete and accurate client records, and shall make those records available for audit or review by the bureau upon request. (Amended by Stats. 2022, Ch. 511, Sec. 36. (SB 1495) Effective January 1, 2023.)
  132. 6561.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A licensee must file a statement with the bureau when first required and every year after that, under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6561. (a) A licensee shall initially, and annually thereafter, file with the bureau a statement under penalty of perjury containing the following: (1) The licensee’s business address, telephone number, and facsimile number. (2) Whether or not the licensee has been removed for cause as a conservator, guardian, trustee, personal representative of a decedent’s estate, agent under a durable power of attorney for health care, agent under a durable power of attorney for finances, or a position arising from appointment as a professional fiduciary practice administrator. The licensee may file an additional statement of the issues and facts pertaining to the case. (3) The names of the licensee’s current conservatees, wards, principals under a durable power of attorney for health care, or principals under a durable power of attorney for finances, and the names of trusts and decedent’s estates currently administered by the licensee, whether the cases are court supervised or non-court supervised, and including court names, court locations, and case numbers where applicable. (4) The case names, court locations, and case numbers of all conservatorship, guardianship, trust and other estate administration cases that are closed for which the licensee served as the conservator, guardian, trustee, agent under a durable power of attorney for finance or health care, and personal representative of a decedent’s estate, whether the case is court supervised or non-court supervised. (5) Whether the licensee has been found by a court to have breached a fiduciary duty. (6) Whether the licensee has resigned or settled a matter in which a complaint against the licensee has been filed with the court, along with the case number and a statement of the issues and facts pertaining to the allegations. (7) Any licenses or professional certificates held by the licensee. (8) Any ownership or beneficial interests in businesses or other enterprises held by the licensee or by a family member that receives or has received payments from a client of the licensee. (9) Whether the licensee has filed for bankruptcy or held a controlling financial interest in a business that filed for bankruptcy in the last ten years. (10) The name of any persons or entities that have an interest in the licensee’s professional fiduciary business. (11) Whether the licensee has been convicted of a crime. (b) The statement by the licensee required by this section may be filed electronically with the bureau, in a form approved by the bureau. However, any additional statement filed under paragraph (2) of subdivision (a) shall be filed in writing. (Amended by Stats. 2022, Ch. 612, Sec. 3.5. (SB 1024) Effective January 1, 2023.)
  133. 6561.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A licensee must answer the bureau’s written inquiry about a complaint investigation within 30 calendar days and must give true, accurate information without obstructing the bureau’s process.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6561.5. (a) A licensee shall respond to any written inquiry relating to the investigation of a complaint against a licensee by the bureau within 30 calendar days. The failure of, or refusal by, a licensee to respond to the written inquiry shall constitute a cause for disciplinary action. (b) A licensee shall provide true and accurate information and responses to questions, subpoenas, interrogatories or other requests for information or documents and not take any action to obstruct any bureau inquiry, investigation, hearing, or proceeding. Any failure to comply with this subdivision shall constitute a cause for disciplinary action. (Added by Stats. 2023, Ch. 680, Sec. 10. (AB 1262) Effective January 1, 2024.)
  134. 6562.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

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    The annual statement must be filed with the bureau 60 days before the license expires.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6562. The annual statement shall be filed with the bureau 60 days prior to the expiration of the license as provided in subdivision (a) of Section 6541. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  135. 6562.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

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    A licensee who does not intend to renew must give the bureau written notice and a final annual statement, and must do so 60 days before the earliest of closing the business, stopping practice, or license expiration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6562.5. (a) A licensee shall notify the bureau in writing of their intent not to renew their license and submit a final annual statement in accordance with Section 6561 and Section 4542 of Title 16 of the California Code of Regulations, as it read on January 1, 2023, demonstrating they are no longer subject to licensure under this chapter. (b) The written notice of nonpractice and final annual statement shall be submitted to the bureau 60 days before closing their business, ceasing practice as a professional fiduciary, or the expiration of their professional fiduciary license, whichever comes first. (c) The bureau shall provide the licensee with any discrepancies between the final annual statement and the bureau’s records and the licensee shall comply with the bureau to address and resolve any outstanding matters. (Added by Stats. 2023, Ch. 680, Sec. 11. (AB 1262) Effective January 1, 2024.)
  136. 6563.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    Licensees must disclose their fees in different ways depending on whether they have an internet website.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 4. Practice Provisions [6560 - 6563] ( Article 4 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6563. (a) On or before January 1, 2023, a licensee with an internet website shall post on that internet website a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered. (b) On or after January 1, 2023, a licensee who does not have an internet website shall do all of the following: (1) Provide a prospective client, before the execution of a contract for services, a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered. (2) Upon receipt of a request, provide a client with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered. (3) If the prospective or current client is a proposed or current conservatee, provide all interested persons, as defined in paragraph (2) of subdivision (b) of Section 1822 of the Probate Code, with a schedule or range of the licensee’s fees, including, but not limited to, hourly fees, for services offered. (Added by Stats. 2021, Ch. 417, Sec. 1. (AB 1194) Effective January 1, 2022.)
  137. 657.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. )

    Verify source ↗

    Health care providers may give discounts for certain health or medical care claims and services when payment is prompt or when the patient appears ineligible for listed coverage.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6. Unearned Rebates, Refunds and Discounts [650 - 657] ( Article 6 added by Stats. 1949, Ch. 899. ) ## 657. (a) The Legislature finds and declares all of the following: (1) Californians spend more than one hundred billion dollars ($100,000,000,000) annually on health care. (2) In 1994, an estimated 6.6 million of California’s 32 million residents did not have any health insurance and were ineligible for Medi-Cal. (3) Many of California’s uninsured cannot afford basic, preventative health care resulting in these residents relying on emergency rooms for urgent health care, thus driving up health care costs. (4) Health care should be affordable and accessible to all Californians. (5) The public interest dictates that uninsured Californians have access to basic, preventative health care at affordable prices. (b) To encourage the prompt payment of health or medical care claims, health care providers are hereby expressly authorized to grant discounts in health or medical care claims when payment is made promptly within time limits prescribed by the health care providers or institutions rendering the service or treatment. (c) Notwithstanding any provision in any health care service plan contract or insurance contract to the contrary, health care providers are hereby expressly authorized to grant discounts for health or medical care provided to any patient the health care provider has reasonable cause to believe is not eligible for, or is not entitled to, insurance reimbursement, coverage under the Medi-Cal program, or coverage by a health care service plan for the health or medical care provided. Any discounted fee granted pursuant to this section shall not be deemed to be the health care provider’s usual, customary, or reasonable fee for any other purposes, including, but not limited to, any health care service plan contract or insurance contract. (d) “Health care provider,” as used in this section, means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (Amended by Stats. 1998, Ch. 20, Sec. 1. Effective April 14, 1998.)
  138. 6580.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The bureau may investigate professional fiduciaries and must investigate complaints, impose sanctions for specified misconduct, protect confidential court information, and revoke a license for certain serious misconduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6580. (a) (1) The bureau may upon its own, and shall, upon the receipt of a complaint from any person, investigate the actions of a professional fiduciary, including a person with a license that either restricts or prohibits the practice of that person as a professional fiduciary, including, but not limited to, a license that is retired, inactive, canceled, or suspended. (2) The bureau shall investigate a professional fiduciary’s alleged violation of statute, regulation, or the Professional Fiduciaries Code of Ethics and any other complaint referred to it by the public, a public agency, or the department, and shall impose sanctions upon a finding that the professional fiduciary did any of the following: (A) Breached a legal or fiduciary duty to a client and thereby caused financial or physical harm or mental suffering to the client. (B) Abused an elder or a dependent adult client, as defined in Section 15610.07 of the Welfare and Institutions Code. (C) Violated a statute or regulation related to this chapter. (3) Paragraph (2) applies, but is not limited to, all of the following referrals: (A) (i) A report from a court that the court has taken any of the following actions: (I) Imposed a penalty on the professional fiduciary, as provided in subdivision (d) of Section 1051 of the Probate Code. (II) Removed the professional fiduciary as a conservator or guardian for cause, as provided in paragraph (3) of subdivision (c) of Section 2653 of the Probate Code. (III) Determined that the professional fiduciary has abused a conservatee, as provided in subdivision (a) of Section 2112 of the Probate Code. (ii) The report from the court pursuant to this subparagraph shall include a copy of the court’s finding and order and may include other supporting documentation. However, failure of the court to provide supporting documentation does not relieve the bureau of its duty to take action. (B) A certified copy of a judicial or administrative finding that a professional fiduciary’s violation of law, breach of fiduciary duty, or abuse, as defined in Section 15610.07 of the Welfare and Institutions Code, caused harm to a conservatee or ward in their care. (4) If a court makes a referral described in paragraph (2), the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary that is contained in court records. The bureau shall not disclose any confidential information contained in court records and shall use that information only for purposes of investigating allegations against the professional fiduciary or in a criminal, civil, or administrative proceeding brought by the bureau against the professional fiduciary. Confidential information derived from a court record and filed in a criminal, civil, or administrative proceeding shall be kept in the confidential portion of the court case file. If the bureau does not bring a criminal, civil, or administrative proceeding against the professional fiduciary as a result of the allegation, the bureau shall destroy the records in its possession that contain confidential information as soon as it determined that no further action will be taken regarding the allegations. This paragraph does not affect the admissibility of confidential information as evidence in a criminal proceeding. (b) Sanctions shall include any of the following: (1) Administrative citations and fines as provided in Section 125.9 for a violation of this chapter, the Professional Fiduciaries Code of Ethics, or any regulation adopted under this chapter. (2) License suspension, probation, or revocation. (c) The bureau shall provide on its internet website information regarding sanctions imposed by the bureau on licensees, including, but not limited to, information regarding citations, fines, suspensions, and revocations of licenses or other related enforcement action taken by the bureau relative to the licensee. (d) The bureau shall revoke the professional fiduciary’s license if it finds that the professional fiduciary did either of the following: (1) Knowingly, intentionally, or willfully breached a legal or fiduciary duty to an elder or dependent adult client that constitutes abuse of the client, as defined in Section 15610.07 of the Welfare and Institutions Code. (2) Caused serious physical or financial harm or mental suffering to a client through gross negligence or gross incompetence. (Amended by Stats. 2021, Ch. 417, Sec. 2. (AB 1194) Effective January 1, 2022.)
  139. 6581.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    A licensee, and agents acting for the licensee, may not charge a client, estate, or trust for responding to a complaint filed with the bureau against the licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6581. A licensee, or an agent working on behalf of a licensee, including an attorney, shall not bill a client or impose a fee on the estate or trust of a client for responding to a complaint filed with the bureau against the licensee. (Added by Stats. 2018, Ch. 681, Sec. 6. (AB 3144) Effective January 1, 2019.)
  140. 6581.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    Certain conduct involving an unlicensed person can be grounds for disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6581.1. Aiding or abetting an unlicensed person to evade the provisions of this chapter, or combining or conspiring with an unlicensed person, or allowing one’s license to be used by an unlicensed person, or acting as an agent or partner, associate, or otherwise of an unlicensed person, with the intent to evade the provisions of this chapter constitutes a cause for disciplinary action. (Added by Stats. 2023, Ch. 680, Sec. 12. (AB 1262) Effective January 1, 2024.)
  141. 6582.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    Proceedings against a licensee for violations of this chapter or bureau regulations must follow the Administrative Procedure Act, be prosecuted by the Attorney General’s office, and the bureau has the powers granted in that Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6582. All proceedings against a licensee for any violation of this chapter or any regulations adopted by the bureau shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), and shall be prosecuted by the Attorney General’s office, and the bureau shall have all the powers granted therein. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  142. 6582.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The bureau may settle with a licensee or applicant instead of issuing an accusation or statement of issues. Settlements must state the factual basis and violated laws or regulations, and settlements with licensees or applicants must be posted on the bureau’s website; licensee settlements are treated as discipline and public records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6582.2. (a) Notwithstanding Section 6582 and Section 11415.60 of the Government Code, the bureau may enter into a settlement with a licensee or applicant instead of the issuance of an accusation or statement of issues against that licensee or applicant. (b) The settlement shall identify the factual basis for the action being taken and the statutes or regulations violated. (c) Any settlement with a licensee executed pursuant to this section shall be considered discipline and a public record and shall be posted on the bureau’s Internet Web site. Any settlement with an applicant executed pursuant to this section shall be considered a public record and shall be posted on the bureau’s Internet Web site. (Added by Stats. 2011, Ch. 448, Sec. 17. (SB 543) Effective January 1, 2012.)
  143. 6582.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    If a violation occurs, the bureau may refer the case to the Attorney General or local district attorney for criminal prosecution.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6582.5. Notwithstanding Section 6582, if any violation occurs, in its discretion, the bureau may refer the case to the Attorney General or to the local district attorney for criminal prosecution. The referral of a case for criminal prosecution shall not preclude the bureau from taking any other action provided for in this chapter. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  144. 6583.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The bureau must set up a system of administrative citations and fines under Section 125.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6583. The bureau shall establish a system of administrative citations and fines under Section 125.9 for violations of this chapter, the Professional Fiduciaries Code of Ethics, or any regulation adopted under this chapter. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  145. 6584.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    A professional fiduciary license may be suspended, revoked, denied, or otherwise disciplined for listed misconduct or violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 5. Enforcement and Disciplinary Proceedings [6580 - 6584] ( Article 5 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6584. A license issued under this chapter may be suspended, revoked, denied, or other disciplinary action may be imposed for one or more of the following causes: (a) Conviction of any felony or any misdemeanor, if the misdemeanor is substantially related to the functions and duties of a professional fiduciary. The record of conviction, or a certified copy thereof, is conclusive evidence of the conviction. (b) Failure to notify the bureau of a conviction as required by paragraph (11) of subdivision (a) of Section 6561. (c) Fraud or misrepresentation in obtaining a license. (d) Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in, or related to, the practice of a professional fiduciary. For purposes of this section, unprofessional conduct includes, but is not limited to, acts contrary to professional standards concerning any provision of law substantially related to the duties of a professional fiduciary. (e) Failure to comply with, or to pay a monetary sanction imposed by, a court for failure to provide timely reports. The record of the court order, or a certified copy thereof, is conclusive evidence that the sanction was imposed. (f) Failure to pay a civil penalty relating to the licensee’s professional fiduciary duties. (g) The revocation of, suspension of, or other disciplinary action against, any other professional license by the State of California or by another state. A certified copy of the revocation, suspension, or disciplinary action is conclusive evidence of that action. (h) Violation of this chapter or of the applicable provisions of Division 4 (commencing with Section 1400), Division 4.5 (commencing with Section 4000), Division 4.7 (commencing with Section 4600), or Division 5 (commencing with Section 5000) of the Probate Code or of any of the statutes, rules, or regulations pertaining to duties or functions of a professional fiduciary. (Amended by Stats. 2025, Ch. 592, Sec. 17. (SB 861) Effective January 1, 2026.)
  146. 6590.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The bureau must pay all collected fees into the Professional Fiduciary Fund, and fund money may be spent by the bureau only if the Legislature appropriates it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6590. All fees collected by the bureau shall be paid into the Professional Fiduciary Fund in the State Treasury, which is hereby created. The money in the fund shall be available to the bureau for expenditure for the purposes of this chapter only upon appropriation by the Legislature. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  147. 6591.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The Professional Fiduciary Fund is the successor fund for the specified funds previously deposited under the Statewide Registry with the Department of Justice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6591. The Professional Fiduciary Fund shall be the successor fund to those funds deposited under the Statewide Registry with the Department of Justice pursuant to Chapter 13 (commencing with Section 2850) of Part 4 of Division 4 of the Probate Code. (Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
  148. 6592.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. )

    Verify source ↗

    The bureau must set several professional fiduciary fees, including examination, license, renewal, retired-status, inactive-status, and reinstatement fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 6. Professional Fiduciaries [6500 - 6592] ( Chapter 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## ARTICLE 6. Revenue [6590 - 6592] ( Article 6 added by Stats. 2006, Ch. 491, Sec. 3. ) ## 6592. (a) The fee for a professional fiduciary examination and reexamination shall be set by the bureau through regulation at the amount necessary to recover the actual costs to develop and administer the examination. (b) The license fee to obtain a professional fiduciary license shall be set by the bureau. (c) The renewal fee for a professional fiduciary license shall be set by the bureau. (d) The bureau shall set the fee to designate a license status of “retired.” (e) The fee to designate a license status of “inactive” shall be set by the bureau. (f) The bureau shall set the fee to reinstate a license to “active” from a status of “retired” or “inactive.” (g) The bureau shall set the fees pursuant to subdivisions (b), (c), (d), (e), and (f) by regulation at an amount necessary to recover the reasonable costs to the bureau in carrying out those functions pursuant to this chapter. (Amended by Stats. 2014, Ch. 336, Sec. 6. (AB 2024) Effective January 1, 2015.)
  149. 660.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. )

    Verify source ↗

    This section defines terms used in the article, including “drug or device company,” “health care employer,” “Open Payments database,” and “physician and surgeon.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. ) ## 660. For purposes of this article, all of the following definitions apply: (a) “Drug or device company” means a manufacturer, developer, or distributor of pharmaceutical drugs or any device used in the context of the physician and surgeon’s or osteopathic physician and surgeon’s practice. (b) “Health care employer” means an employer that provides health care services and that employs a physician and surgeon or an osteopathic physician and surgeon. (c) “Open Payments database” means the database created to allow the public to search for data provided pursuant to Section 1320a-7h of Title 42 of the United States Code and that is maintained by the federal Centers for Medicare and Medicaid Services. (d) “Physician and surgeon” includes a physician and surgeon licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California under the Osteopathic Act. (Added by Stats. 2022, Ch. 750, Sec. 1. (AB 1278) Effective January 1, 2023.)
  150. 661.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. )

    Verify source ↗

    Physician and surgeons must give patients an Open Payments database notice at the initial office visit and keep or provide required records/copies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. ) ## 661. (a) A physician and surgeon shall provide to each patient at the initial office visit a written or electronic notice of the Open Payments database. The written notice shall include a signature from the patient or a patient representative and the date of signature. (b) The written or electronic notice shall contain the following text: “The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.” (c) A physician and surgeon shall include in the electronic records for the patient a record of the notice pursuant to this section. (d) If a physician and surgeon does not maintain electronic records, the physician and surgeon shall include the notice pursuant to this section in the written records. (e) A physician and surgeon shall give to the patient or patient representative a copy of the signed and dated notice. (Added by Stats. 2022, Ch. 750, Sec. 1. (AB 1278) Effective January 1, 2023.)
  151. 663.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. )

    Verify source ↗

    Physicians and surgeons must post an Open Payments database notice at each practice location, and on a practice website if one is used after January 1, 2024.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. ) ## 663. (a) (1) Notwithstanding any law, except as provided in subdivision (c), a physician and surgeon shall post in each location where the physician and surgeon practices, in an area that is likely to be seen by all persons who enter the office, an Open Payments database notice. (2) The Open Payments database notice described in paragraph (1) shall include both of the following: (A) An internet website link to the Open Payments database. (B) The following text: “For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.” (b) Beginning January 1, 2024, if an internet website is used for a physician and surgeon’s practice, then the physician and surgeon shall conspicuously post the Open Payments database notice described in subdivision (a) on that internet website, except as otherwise authorized under subdivision (c). (c) Notwithstanding subdivisions (a) and (b), if a physician and surgeon subject to this section is employed by a health care employer, the health care employer shall be responsible for meeting the requirements of this section. (d) A posting required by this section may be placed within the same notice posted by the physician and surgeon in accordance with Section 138 or 2026. (Added by Stats. 2022, Ch. 750, Sec. 1. (AB 1278) Effective January 1, 2023.)
  152. 664.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. )

    Verify source ↗

    A violation of this article counts as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. ) ## 664. A violation of this article shall constitute unprofessional conduct. (Added by Stats. 2022, Ch. 750, Sec. 1. (AB 1278) Effective January 1, 2023.)
  153. 665.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. )

    Verify source ↗

    This article does not apply to a physician and surgeon working in a hospital emergency room.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 6.5. Open Payments Database Notices [660 - 665] ( Article 6.5 added by Stats. 2022, Ch. 750, Sec. 1. ) ## 665. This article does not apply to a physician and surgeon working in a hospital emergency room. (Added by Stats. 2022, Ch. 750, Sec. 1. (AB 1278) Effective January 1, 2023.)
  154. 6700.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This chapter is the chapter on professional engineers and may be cited as the Professional Engineers Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6700. This chapter constitutes the chapter on professional engineers. It may be cited as the Professional Engineers Act. (Amended by Stats. 1985, Ch. 732, Sec. 1.)
  155. 6701.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section defines “professional engineer” for this act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6701. “Professional engineer,” within the meaning and intent of this act, refers to a person engaged in the professional practice of rendering service or creative work requiring education, training and experience in engineering sciences and the application of special knowledge of the mathematical, physical and engineering sciences in such professional or creative work as consultation, investigation, evaluation, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work. (Amended by Stats. 1978, Ch. 1161.)
  156. 6702.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section defines “civil engineer” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6702. “Civil engineer” as used in this chapter means a professional engineer in the branch of civil engineering and refers to one who practices or offers to practice civil engineering in any of its phases. (Amended by Stats. 1978, Ch. 1161.)
  157. 6702.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    “Electrical engineer” in this chapter means a professional engineer in electrical engineering, including a person who practices or offers to practice electrical engineering in any phase.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6702.1. “Electrical engineer” as used in this chapter means a professional engineer in the branch of electrical engineering and refers to one who practices or offers to practice electrical engineering in any of its phases. (Amended by Stats. 1978, Ch. 1161.)
  158. 6702.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section defines “mechanical engineer” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6702.2. “Mechanical engineer” as used in this chapter means a professional engineer in the branch of mechanical engineering and refers to one who practices or offers to practice mechanical engineering in any of its phases. (Amended by Stats. 1978, Ch. 1161.)
  159. 6703.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

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    This section defines “responsible charge of work” as independent control and direction of professional engineering investigation or design work, or direct engineering control of such projects.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6703. The phrase “responsible charge of work” means the independent control and direction, by the use of initiative, skill, and independent judgment, of the investigation or design of professional engineering work or the direct engineering control of such projects. The phrase does not refer to the concept of financial liability. (Amended by Stats. 1986, Ch. 229, Sec. 1.)
  160. 6703.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

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    This section defines “supervision of the construction of engineering structures” as periodic observation of materials and completed work for general compliance with plans, specifications, and design concepts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6703.1. “Supervision of the construction of engineering structures” means the periodic observation of materials and completed work to determine general compliance with plans, specifications, and design and planning concepts. However, “supervision of the construction of engineering structures” does not include responsibility for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site. For purposes of this subdivision, “periodic observation” means visits by an engineer, or his or her agent, to the site of a work of improvement. (Amended by Stats. 1987, Ch. 959, Sec. 2.)
  161. 6704.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

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    A person may not practice civil, electrical, or mechanical engineering unless licensed or exempt, and only licensed persons may use specified engineering titles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6704. (a) In order to safeguard life, health, property, and public welfare, no person shall practice civil, electrical, or mechanical engineering unless appropriately licensed or specifically exempted from licensure under this chapter, and only persons licensed under this chapter shall be entitled to take and use the titles “consulting engineer,” “professional engineer,” or “registered engineer,” or any combination of those titles or abbreviations thereof, and according to licensure with the board the engineering branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or the title “engineer-in-training.” (b) The provisions of this section shall not prevent the use of the title “consulting engineer” by a person who has qualified for and maintained exemption for using that title under the provisions of Section 6732.1, or by a person licensed as a photogrammetric surveyor. (Amended by Stats. 2006, Ch. 658, Sec. 89. Effective January 1, 2007.)
  162. 6705.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section defines “subordinate” as a person who helps a registered professional engineer in professional engineering work without taking responsible charge.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6705. A subordinate is any person who assists a registered professional engineer in the practice of professional engineering without assuming responsible charge of work. (Repealed and added by Stats. 1951, Ch. 1709.)
  163. 6706.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Engineers who volunteer emergency structural inspection services without pay may be immune from negligence liability if they act at the request of certain officials and the inspection occurs within 30 days of the emergency.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6706. (a) An engineer who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state, or local emergency at the request of a public official, public safety officer, or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the engineer’s good faith but negligent inspection of a structure used for human habitation or owned by a public entity for structural integrity or nonstructural elements affecting life and safety. The immunity provided by this section shall apply only for an inspection that occurs within 30 days of the declared emergency. Nothing in this section shall provide immunity for gross negligence or willful misconduct. (b) As used in this section: (1) “Engineer” means a person registered under this chapter as a professional engineer, including any of the branches thereof. (2) “Public safety officer” has the meaning given in Section 3301 of the Government Code. (3) “Public official” means a state or local elected officer. (Amended by Stats. 2002, Ch. 1013, Sec. 52.5. Effective January 1, 2003.)
  164. 6706.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    References to “registered engineer” in laws or regulations are treated as references to “licensed engineer.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 1. General Provisions [6700 - 6706.3] ( Article 1 added by Stats. 1951, Ch. 1709. ) ## 6706.3. Any reference in any law or regulation to a registered engineer, or to a registered civil, electrical, or mechanical engineer, is deemed to refer to a licensed engineer, or to a licensed civil, electrical, or mechanical engineer, as the case may be. (Added by Stats. 1998, Ch. 59, Sec. 6. Effective January 1, 1999.)
  165. 6710.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section creates a Board for Professional Engineers, Land Surveyors, and Geologists in the Department of Consumer Affairs, gives it 15 members, and treats references to earlier board names as references to this board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6710. (a) There is in the Department of Consumer Affairs a Board for Professional Engineers, Land Surveyors, and Geologists, which consists of 15 members. (b) Any reference in any law or regulation to the Board of Registration for Professional Engineers and Land Surveyors, or the Board for Professional Engineers and Land Surveyors, is deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 588, Sec. 2. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  166. 6710.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The Board for Professional Engineers, Land Surveyors, and Geologists must make public protection its top priority when carrying out licensing, regulatory, and disciplinary work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6710.1. Protection of the public shall be the highest priority for the Board for Professional Engineers, Land Surveyors, and Geologists in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2011, Ch. 432, Sec. 2. (SB 944) Effective January 1, 2012.)
  167. 6711.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Board members must meet citizenship, registration/licensing, experience, standing, and residency qualifications.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6711. Each member of the board shall be a citizen of the United States. Five members shall be registered under this chapter. One member shall be licensed under the Professional Land Surveyors’ Act, Chapter 15 (commencing with Section 8700), one member shall be licensed under the Geologist and Geophysicist Act, Chapter 12.5 (commencing with Section 7800), and eight shall be public members who are not registered under this act, licensed under the Geologist and Geophysicist Act, or licensed under the Professional Land Surveyors’ Act. Each member, except the public members, shall have at least 12 years active experience and shall be of good standing in their profession. Each member shall have been a resident of this state for at least five years immediately preceding their appointment. (Amended by Stats. 2024, Ch. 588, Sec. 3. (AB 3253) Effective January 1, 2025.)
  168. 6712.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section sets board appointment terms, limits consecutive service to two terms, and assigns appointment responsibilities to the Governor and legislative leaders.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6712. (a) All appointments to the board shall be for a term of four years. Vacancies shall be filled by appointment for the unexpired term. Each appointment thereafter shall be for a four-year term expiring on June 30 of the fourth year following the year in which the previous term expired. (b) Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms. (c) The Governor shall appoint professional members so that one is licensed to practice engineering as a civil engineer, one as an electrical engineer, one as a mechanical engineer, another is authorized to use the title of structural engineer, and one is a member of one of the remaining branches of engineering. One of the professional members licensed under this chapter, under Chapter 12.5 (commencing with Section 7800), or under Chapter 15 (commencing with Section 8700) shall be from a local public agency, and one shall be from a state agency. (d) The Governor shall appoint six of the public members and the professional members qualified as provided in Section 6711. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (Amended by Stats. 2011, Ch. 432, Sec. 4. (SB 944) Effective January 1, 2012.)
  169. 6713.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Each appointing authority may remove, at any time, any board member it appointed under Section 106.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6713. Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that authority pursuant to Section 106. (Amended by Stats. 2024, Ch. 588, Sec. 4. (AB 3253) Effective January 1, 2025.)
  170. 6714.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must appoint an executive officer and set the salary, but only with the Director of Finance’s approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6714. The board shall appoint an executive officer at a salary to be fixed and determined by the board with the approval of the Director of Finance. This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 588, Sec. 5. (AB 3253) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  171. 6715.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must keep a register of all licensees, and it may have someone maintain it on its behalf.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6715. The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains information showing the name, address of record, type of branch license, license number, the date the license was issued, and the date the license will expire. (Amended by Stats. 2005, Ch. 657, Sec. 3. Effective January 1, 2006.)
  172. 6716.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may adopt rules and regulations, must hold at least two regular meetings each year, and licensed persons are governed by the board’s rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6716. (a) The board may adopt rules and regulations consistent with law and necessary to govern its action. These rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) The board may adopt rules and regulations of professional conduct that are not inconsistent with state and federal law. The rules and regulations may include definitions of incompetence and negligence. Every person who holds a license or certificate issued by the board pursuant to this chapter shall be governed by these rules and regulations. (c) The board shall hold at least two regular meetings each year. Special meetings shall be held at those times that the board’s rules provide. A majority of the board constitutes a quorum. (Amended by Stats. 2006, Ch. 658, Sec. 93. Effective January 1, 2007.)
  173. 6717.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may make regulations defining the scope of each non-excluded branch of professional engineering registered under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6717. The board may, by regulation, define the scope of each branch of professional engineering other than civil, electrical, and mechanical engineering for which registration is provided under this chapter. (Amended by Stats. 2000, Ch. 1006, Sec. 6. Effective January 1, 2001.)
  174. 6718.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Any board member may administer oaths and take testimony and proofs about matters within the board’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6718. Any member of the board may administer oaths and may take testimony and proofs concerning all matters within the board’s jurisdiction. (Repealed and added by Stats. 1951, Ch. 1709.)
  175. 6719.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must adopt and keep an official seal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6719. The board shall adopt and have an official seal which shall be affixed to all certificates of registration. (Repealed and added by Stats. 1951, Ch. 1709.)
  176. 6720.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

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

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6720. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
  177. 6721.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must establish relations with engineering regulatory bodies in other states, and may do so with similar bodies in other countries.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6721. The board shall establish relations with bodies that regulate the practice of professional engineering, or closely related professions, or that register or license professional engineers in other states, and may establish relations with those bodies in other countries, for the purposes of working toward uniformly high professional standards and mutual recognition of registration and licensure. (Added by Stats. 2011, Ch. 432, Sec. 5. (SB 944) Effective January 1, 2012.)
  178. 6726.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may create technical advisory committees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6726. The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (1) Application review and verification for any level of registration, licensure, authority, or title. (2) Evaluation and investigation of potential violations of the act. (3) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures. (Amended by Stats. 1985, Ch. 1134, Sec. 1.2.)
  179. 6726.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board appoints each member of each technical advisory committee, and each committee may have no more than five members.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6726.1. Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. (Amended by Stats. 1985, Ch. 1134, Sec. 1.3.)
  180. 6726.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Each technical advisory committee member must be an engineering expert and be licensed under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6726.2. Each member of each technical advisory committee shall be an expert in the branch of engineering within the committee’s jurisdiction and shall be licensed under this chapter. (Amended by Stats. 2006, Ch. 658, Sec. 94. Effective January 1, 2007.)
  181. 6726.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Members of each technical advisory committee must serve without compensation and are entitled to per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6726.3. All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. (Amended by Stats. 1985, Ch. 1134, Sec. 1.5.)
  182. 6726.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Each technical advisory committee member is entitled to the same immunity as a public employee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2. Administration [6710 - 6726.4] ( Article 2 added by Stats. 1951, Ch. 1709. ) ## 6726.4. Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 1985, Ch. 1134, Sec. 1.6.)
  183. 6728.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    The board may create professional engineers review committees when it thinks they are necessary.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728. The board, when it deems necessary, may establish professional engineers review committees to hear all matters assigned by the board, including, but not limited to, any contested case which is assigned by the board. Each committee shall exist so long as the board deems that it is necessary. (Added by Stats. 1972, Ch. 558.)
  184. 6728.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    Each review committee must include at least three registered professional engineers appointed by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.1. Each review committee shall consist of no fewer than three registered professional engineers appointed by the board. Each member of a committee shall have the same qualifications and shall be subject to the same rules and regulations as if he were a member of the board. (Added by Stats. 1972, Ch. 558.)
  185. 6728.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    Each committee member is entitled to a per diem and expenses under Section 103 of this code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.2. Each member of a committee shall receive a per diem and expenses as provided in Section 103 of this code. (Added by Stats. 1972, Ch. 558.)
  186. 6728.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    Committee hearings must follow specified Government Code hearing procedures, and in contested cases the presiding hearing officer must attend the committee’s consideration and help if asked.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.3. Except as otherwise provided in this article, all hearings which are conducted by a committee shall be conducted in accordance with the provisions of Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2 of the Government Code. If a contested case is heard by a committee, the hearing officer who presided at the hearing shall be present during the committee’s consideration of the case and, if requested, shall assist and advise the committee. (Amended by Stats. 2002, Ch. 1013, Sec. 53. Effective January 1, 2003.)
  187. 6728.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    After a committee hearing, the committee must prepare a proposed decision and send it to the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.4. At the conclusion of any hearing which is conducted by a committee, the committee shall prepare a proposed decision, in such form that it may be adopted by the board as the decision in the case, and shall transmit it to the board. The proposed decision shall be subject to the same procedure as the proposed decision of a hearing officer under subdivisions (b) and (c) of Section 11517 of the Government Code. (Added by Stats. 1972, Ch. 558.)
  188. 6728.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    The board may adopt, amend, or repeal rules and regulations needed to implement these sections, following the cited Government Code procedure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.5. The board may adopt, amend, or repeal, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340), Part 1, Division 3, Title 2 of the Government Code, rules and regulations necessary to implement these sections. (Amended by Stats. 2002, Ch. 1013, Sec. 54. Effective January 1, 2003.)
  189. 6728.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. )

    Verify source ↗

    Members of professional engineers review committees, other board-appointed committees, and board-appointed representatives are granted the same immunity as a public employee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 2.3. Professional Engineers Review Committees [6728 - 6728.6] ( Article 2.3 added by Stats. 1972, Ch. 558. ) ## 6728.6. Each member of a professional engineers review committee or other board-appointed committee and any board-appointed representative of the board shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 1986, Ch. 229, Sec. 2.)
  190. 6730.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

    Verify source ↗

    People who practice or offer to practice civil, electrical, or mechanical engineering in the state must show they are qualified and be licensed by the board, unless this chapter specifically exempts them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6730. In order to safeguard life, health, property and public welfare, any person, either in a public or private capacity, except as in this chapter specifically excepted, who practices, or offers to practice, civil engineering, electrical engineering or mechanical engineering, in any of its branches in this state, including any person employed by the State of California, or any city, county, or city and county, who practices engineering, shall submit evidence that he or she is qualified to practice, and shall be licensed accordingly as a civil engineer, electrical engineer or mechanical engineer by the board. (Amended by Stats. 2006, Ch. 658, Sec. 95. Effective January 1, 2007.)
  191. 6730.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

    Verify source ↗

    Public agencies covered by this section must designate at least one licensed engineer in responsible charge for each branch of professional engineering they practice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6730.2. (a) It is the intent of the Legislature that the licensure requirements that are imposed upon private sector professional engineers and engineering partnerships, firms, or corporations shall be imposed upon the state and any city, county, or city and county that shall adhere to those requirements. Therefore, for the purposes of Section 6730 and this chapter, at least one licensed engineer shall be designated the person in responsible charge of professional engineering work for each branch of professional engineering practiced in any department or agency of the state, city, county, or city and county. (b) Any department or agency of the state or any city, county, or city and county that has an unlicensed person in responsible charge of engineering work on January 1, 1985, shall be exempt from this requirement until that time as the person currently in responsible charge is replaced. (c) The designated person in responsible charge of professional civil engineering work of any department or agency of the state, city, county, city and county, district, or special district pursuant to this section is responsible for compliance with subdivisions (b) and (c) of Section 8771. (Amended by Stats. 2014, Ch. 400, Sec. 9. (SB 1467) Effective January 1, 2015.)
  192. 6731.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section defines what civil engineering includes, and says civil engineers registered before January 1, 1982 may practice all land surveying as defined elsewhere in the code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731. Civil engineering embraces the following studies or activities in connection with fixed works for irrigation, drainage, waterpower, water supply, flood control, inland waterways, harbors, municipal improvements, railroads, highways, tunnels, airports and airways, purification of water, sewerage, refuse disposal, foundations, grading, framed and homogeneous structures, buildings, or bridges: (a) The economics of, the use and design of, materials of construction and the determination of their physical qualities. (b) The supervision of the construction of engineering structures. (c) The investigation of the laws, phenomena and forces of nature. (d) Appraisals or valuations. (e) The preparation or submission of designs, plans and specifications and engineering reports. (f) Coordination of the work of professional, technical, or special consultants. (g) Creation, preparation, or modification of electronic or computerized data in the performance of the activities described in subdivisions (a) through (f). Civil engineering also includes city and regional planning insofar as any of the above features are concerned therein. Civil engineers registered prior to January 1, 1982, shall be authorized to practice all land surveying as defined in Chapter 15 (commencing with Section 8700) of Division 3. (Amended by Stats. 1990, Ch. 1226, Sec. 1.)
  193. 6731.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section defines civil engineering to include several listed activities, including certain surveying, data preparation, and map or survey accuracy statements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.1. Civil engineering also includes the practice or offer to practice, either in a public or private capacity, all of the following: (a) Locates, relocates, establishes, reestablishes, or retraces the alignment or elevation for any of the fixed works embraced within the practice of civil engineering, as described in Section 6731. (b) Determines the configuration or contour of the earth’s surface or the position of fixed objects above, on, or below the surface of earth by applying the principles of trigonometry or photogrammetry. (c) Creates, prepares, or modifies electronic or computerized data in the performance of the activities described in subdivisions (a) and (b). (d) Renders a statement regarding the accuracy of maps or measured survey data pursuant to subdivisions (a), (b), and (c). (Amended by Stats. 2006, Ch. 760, Sec. 1. Effective January 1, 2007.)
  194. 6731.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered civil engineer may arrange and offer incidental land surveying work tied to civil engineering practice, and may manage a practice that offers that work, if the surveying work is done by or under the direction of an appropriately licensed person.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.2. Any registered civil engineer may offer to practice, procure, and offer to procure, land surveying work incidental to his or her civil engineering practice, even though he or she is not authorized to perform that work, provided all the land surveying work is performed by, or under the direction of, a licensed land surveyor or registered civil engineer authorized to practice land surveying. Further, any registered civil engineer may manage or conduct as manager, proprietor, or agent, a civil engineering practice which offers to practice, procure, and offers to procure, such incidental land surveying work. (Added by Stats. 1983, Ch. 760, Sec. 3.)
  195. 6731.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered civil engineer may also provide construction project management services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.3. A registered civil engineer may also practice or offer to practice, either in a public or private capacity, construction project management services, including, but not limited to, construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. (Added by Stats. 1990, Ch. 786, Sec. 1.)
  196. 6731.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered civil engineer providing construction management services under Section 6731.3 remains responsible for the services actually provided, and Section 6703.1 does not limit that responsibility.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.4. If a registered civil engineer provides construction management services pursuant to Section 6731.3, Section 6703.1 shall not limit the responsibility of the engineer for the services actually provided. (Added by Stats. 1990, Ch. 786, Sec. 2.)
  197. 6731.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section defines electrical engineering and says that designing electronic and magnetic circuits is not exclusive to electrical engineering.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.5. (a) Electrical engineering is that branch of professional engineering described in Section 6734.1 that embraces studies or activities relating to the generation, transmission, and utilization of electrical energy, including the design of electrical, electronic, and magnetic circuits, and the technical control of their operation and of the design of electrical gear. It is concerned with the research, organizational, and economic aspects of the above. (b) The design of electronic and magnetic circuits is not exclusive to the practice of electrical engineering, as defined in subdivision (a). (Added by Stats. 2000, Ch. 1006, Sec. 8. Effective January 1, 2001.)
  198. 6731.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section defines mechanical engineering.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6731.6. Mechanical engineering is that branch of professional engineering described in Section 6734.2 that deals with engineering problems relating to generation, transmission, and utilization of energy in the thermal or mechanical form and also with engineering problems relating to the production of tools, machinery, and their products, and to heating, ventilation, refrigeration, and plumbing. It is concerned with the research, design, production, operational, organizational, and economic aspects of the above. (Added by Stats. 2000, Ch. 1006, Sec. 9. Effective January 1, 2001.)
  199. 6732.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Only a licensed professional engineer may stamp or seal documents or use protected engineer titles listed in this section.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732. It is unlawful for anyone other than a professional engineer licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional engineer, or in any manner, use the title “professional engineer,” “licensed engineer,” “registered engineer,” or “consulting engineer,” or any of the following branch titles: “agricultural engineer,” “chemical engineer,” “civil engineer,” “control system engineer,” “electrical engineer,” “fire protection engineer,” “industrial engineer,” “mechanical engineer,” “metallurgical engineer,” “nuclear engineer,” “petroleum engineer,” or “traffic engineer,” or any combination of these words and phrases or abbreviations thereof unless licensed under this chapter. (Amended by Stats. 2003, Ch. 789, Sec. 15. Effective January 1, 2004.)
  200. 6732.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    People authorized to use the title “consulting engineer” under specified 1963, 1965, or 1968 legislation are exempt from Section 6732’s title-use restriction, as long as they stay in practice and tell the board about address changes within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732.1. Any person who has been granted permission to use the title “consulting engineer” pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session is exempt from the provisions of Section 6732 as it restricts the use of the title “consulting engineer”, and such exemption shall apply so long as the applicant remains in practice and advises the board of any change of address within 30 days of such change. The board may adopt such rules under provisions of the Administrative Procedure Act as are necessary to implement this section. The provisions of Articles 5 (commencing with Section 6775), 6 (commencing with Section 6785), and 7 (commencing with Section 6795) of this chapter shall apply to all persons who are granted permission to use the title “consulting engineer” pursuant to legislation enacted in 1963 and 1965 and the amendments to this section enacted at the 1968 Regular Session. (Amended by Stats. 1975, Ch. 896.)

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