Business and Professions Code — Part 5 | BPC — United States — California law | Esheria

Business and Professions Code

Part 5 of 52 · provisions 801–1,000

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

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

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Provisions of Business and Professions Code

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  1. 1244.4.

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 Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727.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

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    The local enforcement agency sets the filing/enforcement fee, but it cannot be more than $100, and the fee is adjusted annually based on CPI increases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1244.4. Any fee for the filing of documentation and related enforcement activities pursuant to Section 1244, 1244.1, and 1244.3 shall be determined by the local enforcement agency and shall not exceed one hundred dollars ($100) except that those fees shall be adjusted annually by any annual increase in the California Consumer Price Index as determined pursuant to Section 2212 of the Revenue and Taxation Code. All moneys collected as fees pursuant to this section shall be deposited in the appropriate city, county, or city and county treasury and shall only be expended in carrying out Sections 1244, 1244.1, and 1244.3. (Added by Stats. 1990, Ch. 195, Sec. 7. Effective July 9, 1990.)
  2. 1245.

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

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    This section lets certain people perform blood gas analyses if specific training, education, and supervision conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1245. (a) Any individual may perform a blood gas analysis if all the following conditions exist: (1) He or she has earned a high school diploma or equivalent, as determined by HCFA pursuant to CLIA. (2) He or she performs the blood gas analysis in a clinic or a general acute care hospital, as defined respectively in Sections 1202 and 1250 of the Health and Safety Code. (3) He or she has been instructed by a physician and surgeon licensed in this state, who is in charge of a department of pulmonary physiology or clinical pathology in licensed clinics or hospitals, as defined respectively in Sections 1202 and 1250 of the Health and Safety Code, in the proper procedure to be employed when performing a blood gas analysis. (4) He or she performs the blood gas analysis under the direction and supervision of the physician and surgeon. (5) He or she submits the analysis for interpretation to the physician and surgeon under whose direction and supervision he or she performed the analysis. (b) After September 1, 1997, any person may perform a blood gas analysis classified as of high complexity under CLIA, if, in addition to the requirements of subdivision (a), he or she has earned an associate degree related to pulmonary function from an accredited institution as determined by HCFA pursuant to CLIA. (c) Nothing contained in this section shall be construed as authorizing any individual, not otherwise authorized, to withdraw blood. (d) Nothing contained in this section is applicable to a person licensed as a respiratory care practitioner under Chapter 8.3 (commencing with Section 3700). Those persons are authorized to perform those functions set forth in that chapter. (Amended by Stats. 1995, Ch. 510, Sec. 23. Effective January 1, 1996.)
  3. 1246.

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

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    This section requires certain clinical laboratory workers and certified phlebotomy technicians to meet certification, training, supervision, and continuing-education rules before performing blood collection tasks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1246. (a) (1) On and after the effective date of the regulations specified in paragraph (2), any unlicensed person employed by a clinical laboratory performing the duties described in this section shall possess a valid and current certification as a certified phlebotomy technician issued by the department. (2) The department shall adopt regulations for certification by January 1, 2001, as a certified phlebotomy technician that shall include all of the following: (A) The applicant shall hold a valid, current certification as a phlebotomist issued by a national accreditation agency approved by the department, and shall submit proof of that certification when applying for certification pursuant to this section. (B) An applicant with fewer than 1,040 hours of work experience shall complete education, training, and experience requirements as specified by regulations that shall include, but not be limited to, the following: (i) At least 40 hours of didactic instruction. (ii) At least 40 hours of practical instruction. (iii) At least 50 successful venipunctures. (C) An applicant who has at least 1,040 hours of work experience that includes at least 50 successful venipunctures shall complete at least 20 hours of didactic instruction, as specified in regulations adopted by the department. (D) Each certified phlebotomy technician shall complete at least three hours per year or six hours every two years of continuing education or training. The department shall consider a variety of programs in determining the programs that meet the continuing education or training requirement. (E) The applicant has been found to be competent in phlebotomy by a licensed physician and surgeon or person licensed pursuant to this chapter. (F) The applicant works under the supervision of a licensed physician and surgeon, licensed registered nurse, or person licensed under this chapter, or the designee of a licensed physician and surgeon or the designee of a person licensed under this chapter. (3) A certified phlebotomy technician may collect blood through a peripheral venous catheter if all of the following are met: (A) The blood collection procedure is performed in a facility licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code. (B) The blood collection procedures or protocols are developed and approved by the facility’s supervising physician and surgeon or licensed clinical laboratory director and approved by the licensed facility. (C) The certified phlebotomy technician has received a minimum of three hours of training by the supervising physician and surgeon or their delegate in the proper procedures to be employed when collecting blood through a peripheral venous catheter. (i) Training in the blood collection procedure through a peripheral venous catheter shall be conducted according to standardized training procedures developed and approved by the facility’s supervising physician and surgeon or licensed clinical laboratory director. The facility shall make these standardized procedures available to the department upon request. (ii) The instructor shall document the certified phlebotomy technician’s successful completion of training. The facility shall maintain and make available to the department, upon request, documentation of training completed by a certified phlebotomy technician pursuant to this paragraph. (D) The certified phlebotomy technician performs the blood collection procedure under the supervision of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000). Notwithstanding subdivision (b), the physician and surgeon may only delegate the supervision duties in this subparagraph to a registered nurse. A physician and surgeon or a registered nurse may restrict or limit a certified phlebotomy technician’s ability to collect blood from a patient’s peripheral venous catheter. (E) The certified phlebotomy technician performs the blood collection procedure using a device or devices approved by the licensed facility and the United States Food and Drug Administration. (F) This paragraph does not authorize the certified phlebotomy technician to manage, stop, or restart a patient’s active intravenous infusion or insert or remove a peripheral intravenous catheter. (4) Paragraph (3) does not authorize a certified phlebotomy technician to withdraw blood through a peripherally inserted central catheter or central venous catheter. (5) The department shall adopt regulations establishing standards for approving training programs designed to prepare applicants for certification pursuant to this section. The standards shall ensure that these programs meet the state’s minimum education and training requirements for comparable programs. (6) The department shall adopt regulations establishing standards for approving national accreditation agencies to administer certification examinations and tests pursuant to this section. (7) The department shall charge fees for application for and renewal of the certificate authorized by this section pursuant to subdivision (f) of Section 1300. (b) (1) (A) A certified phlebotomy technician may perform venipuncture or skin puncture to obtain a specimen for nondiagnostic tests assessing the health of an individual, for insurance purposes, provided that the technician works under the general supervision of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000). The physician and surgeon may delegate the general supervision duties to a registered nurse or a person licensed under this chapter, but shall remain responsible for ensuring that all those duties and responsibilities are properly performed. The physician and surgeon shall make available to the department, upon request, records maintained documenting when a certified phlebotomy technician has performed venipuncture or skin puncture pursuant to this paragraph. (B) As used in this paragraph, general supervision requires the supervisor of the technician to determine that the technician is competent to perform venipuncture or skin puncture, or to collect blood, before the technician’s first blood withdrawal, and on an annual basis thereafter. The supervisor is also required to determine, on a monthly basis, that the technician complies with appropriate venipuncture, skin puncture, and blood collection policies and procedures approved by the medical director and required by state regulations. The supervisor, or another designated licensed physician and surgeon, registered nurse, or person licensed under this chapter, shall be available for consultation with the technician, either in person or through telephonic or electronic means, at the time of blood withdrawal. (2) (A) Notwithstanding any other law, a person who has been issued a certified phlebotomy technician certificate pursuant to this section may draw blood following policies and procedures approved by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000), appropriate to the location where the blood is being drawn and in accordance with state regulations. The blood collection shall be done at the request and in the presence of a peace officer for forensic purposes in a jail, law enforcement facility, or medical facility, with general supervision. (B) As used in this paragraph, “general supervision” means that the supervisor of the technician is licensed under this code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, and reviews the competency of the technician before the technician may perform blood withdrawals without direct supervision, and on an annual basis thereafter. The supervisor is also required to review the work of the technician at least once a month to ensure compliance with venipuncture policies, procedures, and regulations. The supervisor, or another person licensed under this code as a physician and surgeon, physician assistant, clinical laboratory bioanalyst, registered nurse, or clinical laboratory scientist, shall be accessible to the location where the technician is working to provide onsite, telephone, or electronic consultation, within 30 minutes when needed. (c) The department may adopt regulations providing for the issuance of a certificate to an unlicensed person employed by a clinical laboratory authorizing only the performance of skin punctures for test purposes. (Amended by Stats. 2025, Ch. 105, Sec. 2. (AB 144) Effective September 17, 2025.)
  4. 1246.5.

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

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    This section lets people request certain lab tests and lets licensed or public health laboratories perform them, with conditions for registered labs and limits on some tests.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1246.5. Notwithstanding any other provision of law, any person may request, and any licensed clinical laboratory or public health laboratory may perform, the laboratory tests specified in this section. A registered clinical laboratory may perform the laboratory tests specified in this section if the test is subject to a certificate of waiver under CLIA and the laboratory has registered with the department under paragraph (2) of subdivision (a) of Section 1265. A program for nondiagnostic general health assessment that includes a laboratory test specified in this section shall comply with the provisions of Section 1244. The results from any test may be provided directly to the person requesting the test if the test is on or for his or her own body. These test results shall be provided in a manner that presents clear information and that identifies results indicating the need for referral to a physician and surgeon. The tests that may be conducted pursuant to this section are: pregnancy, glucose level, cholesterol, occult blood, and any other test for which there is a test for a particular analyte approved by the federal Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit. A test approved only as an over-the-counter collection device may not be conducted pursuant to this section. (Amended by Stats. 2004, Ch. 450, Sec. 4. Effective January 1, 2005.)
  5. 1246.7.

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

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    A person may perform a total protein test using a digital refractometer in a licensed plasma collection center only if the listed training, supervision, equipment, recordkeeping, and inspection conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3. Application of the Chapter [1240 - 1246.7] ( Article 3 added by Stats. 1951, Ch. 1727. ) ## 1246.7. (a) Notwithstanding any other law, a person may perform a total protein test using a digital refractometer in a licensed plasma collection center in this state, if the department, as part of its routine, fee-supported inspection of the licensed plasma collection center, including its review of personnel reports for licensed and unlicensed personnel and job descriptions of all center positions for a licensed plasma collection center, determines that all of the following conditions are met: (1) (A) The person has earned a high school diploma or equivalent, as determined by the federal Centers for Medicare and Medicaid Services (CMS) pursuant to the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) (42 U.S.C. Sec. 263a). (B) The person has training sufficient to demonstrate that the individual has the skills and abilities described in paragraph (2) of subdivision (a) of Section 1269. (2) (A) In addition to the education and training requirements specified in paragraph (1), the person has received five hours of training in the proper procedures to be employed when performing a total protein test using a digital refractometer, including evaluation of specimen acceptability and criteria for rejection of inadequate specimens, and the procedures for recording the test results pursuant to paragraph (9). (B) Their training in the proper procedure to be employed when performing a total protein test using a digital refractometer has been certified by a moderate complexity laboratory technical consultant as specified in Section 1036.2 of Title 17 of the California Code of Regulations, by a physician and surgeon licensed in this state, or by a licensed clinical laboratory director who is in charge of the licensed plasma collection center. (C) The instructor documents, and the plasma collection center maintains the documentation of, the individual’s successful completion of training in the performance of the total protein test using a digital refractometer. This documentation shall be made available to the department upon request. (3) The person performs the total protein test using a digital refractometer under the supervision of one of the following individuals: (A) A moderate complexity laboratory technical consultant as specified in Section 1036.2 of Title 17 of the California Code of Regulations. (B) A registered nurse licensed pursuant to Chapter 6 of Division 2. (C) A physician or surgeon licensed pursuant to Chapter 5 of Division 2. (D) A clinical laboratory director licensed pursuant to this chapter. (E) A clinical laboratory scientist licensed pursuant to this chapter. (4) The supervisor is physically onsite in the licensed plasma collection center and available for consultation during the entire time that the person is processing specimens and performing the test. (5) The licensed plasma collection center’s supervising physician and surgeon or licensed clinical laboratory director provides a written job description for each employee who performs a total protein test using a digital refractometer that specifies the responsibilities and supervision requirements as specified in this section. (6) The person performs the total protein test using a digital refractometer in accordance with both of the following: (A) Standardized operating procedures required by the licensed plasma collection center’s license. (B) Standardized procedures approved by the licensed plasma collection center’s supervising physician and surgeon or licensed clinical laboratory director for administration of the total protein test by the persons authorized to perform the total protein test pursuant to this section. These standardized procedures shall be made available to the department upon request. (7) The person does not draw the blood sample required for the test using a procedure that requires a registration, certification, or license under state law unless they are properly registered, certified, or licensed to perform the procedure. (8) The person’s competency in performing total protein tests using a digital refractometer is evaluated before testing on donors, and every six months thereafter, by the CLIA lab director or technical consultant by direct observation. A licensed plasma collection center shall maintain documentation of the competency evaluation, which shall be made available to the department upon request. (9) The person accurately records the results of the predonation total protein test in a federal FDA 510k-approved blood establishment computer system (BECS). (10) For each protein refractometer test system in use at the licensed plasma collection center, the center shall perform control procedures using the number and frequency specified by the manufacturer that meet the requirements of Section 493.1256 of Title 42 of the Code of Federal Regulations and this chapter. (b) The digital refractometer used to perform a total protein test pursuant to this section shall meet all of the following criteria: (1) Is used within 30 feet of the donor for whom the test is being conducted. (2) Is used in accordance with the donor test management system, the quality control program, and the comprehensive quality assurance program established and maintained by the laboratory pursuant to paragraph (2) of subdivision (d) of Section 1220, if applicable to the licensed plasma collection center under federal law. (3) Performs total protein tests classified as waived or of moderate complexity under CLIA. (4) Performs total protein tests using a digital refractometer on biological specimens that require manual blood collection, centrifugation to separate the blood cells from the plasma, pipetting the plasma from the cells, and application of the plasma into the refractometer. (5) Provides total protein test results without calculation or discretionary intervention by the testing personnel. (6) Performs total protein tests without the necessity for testing personnel to perform calibration or maintenance, except basic cleaning, resetting, and daily standardization pursuant to the manufacturer’s instructions. (c) To assess the competency and performance of persons authorized to perform the total protein test pursuant to this section, a licensed plasma collection center utilizing this section shall make available to the department any information required by statute or regulation to be collected or maintained by the licensed plasma collection center, and the results of any testing required by statute or regulation to be performed by the licensed plasma collection center, related to assessing the competency and performance of persons using a digital refractometer, as determined by the department. Information obtained pursuant to this subdivision shall be confidential and is not a public record. The department may contract for collection and review of the information required by this subdivision. The contract shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and shall be exempt from review or approval by any division of the Department of General Services. (d) Records of digital refractometer test results collected pursuant to paragraph (9) of subdivision (a) shall be maintained for three years and made available to the department upon request. (Amended by Stats. 2022, Ch. 429, Sec. 1. (AB 392) Effective January 1, 2023.)
  6. 1247.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    This article is named the Hemodialysis Technician Training Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247. This article shall be known and may be cited as the Hemodialysis Technician Training Act. (Amended by Stats. 1995, Ch. 302, Sec. 1. Effective January 1, 1996.)
  7. 1247.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    This section defines several terms used in the hemodialysis training article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.2. For the purpose of this article, the following terms have the following meaning: (a) “Immediate supervision” means supervision of dialysis treatment in the same room in which the dialysis treatment is being performed. (b) “Department” means the State Department of Public Health. (c) “Hemodialysis technician” means an unlicensed health care provider who is employed by a hemodialysis clinic or unit for the purpose of participating in the direct treatment of patients undergoing hemodialysis. A hemodialysis technician certified by the state as a person meeting the requirements of Section 1247.61 shall be referred to as a Certified Hemodialysis Technician (CHT). (d) “Standardized test” means an examination certified by faculty of the University of California to validly and reliably measure the knowledge required to demonstrate competency in the areas being tested. (Amended by Stats. 2009, Ch. 559, Sec. 2. (SB 112) Effective October 11, 2009.)
  8. 1247.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A hemodialysis technician may perform certain patient-treatment tasks, but medication administration must follow the clinic or unit’s medical-director protocol and be under immediate supervision, except for certain certified home-treatment technicians until January 1, 1991.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.3. The treatment of patients by a hemodialysis technician includes performing venipuncture and arterial puncture for the purpose of providing dialysis treatment for a patient. The treatment of patients includes the administration of local anesthetics, heparin, and sodium chloride solutions. The administration of these medications shall be pursuant to protocol established by the medical director of the hemodialysis clinic or unit and shall be under the immediate supervision of a licensed physician and surgeon or a licensed registered nurse. The administration of local anesthetics shall be limited to intradermal, subcutaneous, or topical administration. Hemodialysis technicians who treat patients in the home and are certified by the Board of Nephrology Examination for Nurses and Technicians are exempted from the requirements of immediate supervision until January 1, 1991. (Amended by Stats. 1989, Ch. 248, Sec. 2. Effective July 31, 1989.)
  9. 1247.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    The department may adopt regulations needed to implement this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.4. The department may adopt regulations it deems necessary to implement this article. (Amended by Stats. 2009, Ch. 559, Sec. 3. (SB 112) Effective October 11, 2009.)
  10. 1247.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    Some hemodialysis clinics or units may operate a hemodialysis training and testing program, but covered technician training programs and competency tests must be approved by the department and must follow Section 1247.4 regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.5. A hemodialysis clinic or unit within a licensed clinic or hospital, as defined respectively in Sections 1204 and 1250 of the Health and Safety Code, may operate a hemodialysis training and testing program. A hemodialysis technician training program and competency test, provided under this section, or provided by an accredited college, an accredited university, or a private training program, shall be approved by the department, shall comply with the regulations adopted pursuant to Section 1247.4, and shall include training and testing in the administration of local anesthetics, heparin, and sodium chloride solutions. (Amended by Stats. 1997, Ch. 122, Sec. 1. Effective January 1, 1998.)
  11. 1247.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A person may not provide hemodialysis technician services unless certified by the department as a Certified Hemodialysis Technician, except during immediate-supervision training and as provided in Section 1247.62.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.6. (a) Except during training under immediate supervision, and except as provided in Section 1247.62, no person shall provide services as a hemodialysis technician without being certified by the department as a Certified Hemodialysis Technician (CHT). (b) This article does not apply to home dialysis patients, or patient helpers not employed by the licensed facility, who have undergone a home dialysis training program operated by a licensed clinic or hospital as defined in Sections 1204 and 1250 of the Health and Safety Code and have been certified by the medical director of the facility as being competent to perform home dialysis treatment. (Amended by Stats. 2009, Ch. 559, Sec. 4. (SB 112) Effective October 11, 2009.)
  12. 1247.61.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A person seeking certification as a Certified Hemodialysis Technician must meet training, testing, and qualification requirements; the department also has rules on identity numbers and may not require or use citizenship or immigration status for certification decisions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.61. To be certified by the department as a Certified Hemodialysis Technician (CHT), a person shall meet all of the following requirements: (a) Have a high school diploma or equivalency, or have greater than four years of work experience in dialysis as of October 14, 2008. (b) Have successfully completed a training program that is approved by the medical director and governing body of a hemodialysis clinic or unit, under the direction of a registered nurse. Following approval by the medical director and governing body, the training program shall be submitted to the department for approval. The training program shall be approved by the department prior to implementation. The training program shall focus on the operation of kidney dialysis equipment and machines, providing direct patient care, and communication and interpersonal skills, including patient sensitivity training and care of difficult patients. For purposes of this subdivision, a person “successfully completes a training program” if he or she completes all didactic portions of the program and demonstrates competency in the knowledge and skills provided by the program. (1) The training program shall include all of the following subjects, at a minimum: (A) Principles of dialysis. (B) Care of patients with kidney failure, including interpersonal skills. (C) Dialysis procedures and documentation, including initiation, proper cannulation techniques, monitoring, and termination of dialysis. (D) Possible complications of dialysis. (E) Water treatment and dialysate preparation. (F) Infection control. (G) Safety. (H) Dialyzer reprocessing, if applicable. (2) A community or corporate-based training program, or a training program offered by an educational institution, is acceptable if the program meets the requirements of this subdivision. (3) A person employed as a hemodialysis technician by a hemodialysis clinic or unit for more than two years as of October 14, 2008, who does not have documentation of having successfully completed a training program meeting the requirements of this subdivision, shall be deemed to be in compliance with this subdivision by doing both of the following: (A) Passing a written exam, offered by a hemodialysis clinic or unit, or a community or corporate-based training program that meets the requirements of this chapter, covering the subjects listed in paragraph (1). (B) Passing a skills checklist through observation by a registered nurse of the skills listed in paragraph (1). (c) Successfully accomplish either of the following: (1) Pass a standardized test that is approved by the department and that covers the subjects listed in paragraph (1) of subdivision (b) and in Section 1247.5. This test shall be administered in a proctored environment by an independent examiner. For purposes of this subdivision, independent examiners may include representatives appointed by End-Stage Renal Disease Network 17, End-Stage Renal Disease Network 18, the California Dialysis Council, or any private testing organization approved by the department for that purpose. (2) Successfully pass an examination offered by a national, commercially available certification program for hemodialysis technicians which is approved for this purpose by the Centers for Medicare and Medicaid Services. (d) (1) No later than July 1, 2019, the department shall require an applicant to provide either the individual taxpayer identification number or social security number for purposes of applying for or the renewal of a certificate issued under this section or regulations promulgated pursuant thereto. (2) If the department utilizes a national examination to issue a certificate, and if a reciprocity agreement or comity exists between the State of California and the state requesting release of the individual taxpayer identification number or social security number, any deputy, agent, clerk, officer, or employee of the department may release an individual’s taxpayer identification number or social security number to an examination or certifying entity only for the purpose of verification of certification or examination status. (3) The individual taxpayer identification number or the social security number shall serve to establish the identification of persons affected by state tax laws and for purposes of establishing compliance with subsection (a) of Section 666 of Title 42 of the United States Code, Section 60.15 of Title 45 of the Code of Federal Regulations, Section 17520 of the Family Code, and Section 11105 of the Penal Code, and to that end, the information furnished pursuant to this section shall be used exclusively for those purposes. (4) The department shall not do either of the following: (A) Require an applicant to disclose citizenship status or immigration status for purposes of the application or renewal of a certificate. (B) Deny certification to an applicant based solely on his or her citizenship status or immigration status. (Amended by Stats. 2018, Ch. 838, Sec. 3. (SB 695) Effective January 1, 2019.)
  13. 1247.63.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A hemodialysis technician certification is valid for four years, and renewal requires proof of 30 hours of qualifying training or continuing education; an expired certification may be renewed within two years after expiration if an application and required education documentation are filed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.63. (a) Certification of a hemodialysis technician issued by the department pursuant to subdivision (a) of Section 1247.6 shall be valid for four years. (b) A certified hemodialysis technician applying for renewal of his or her certification shall submit proof that he or she has obtained 30 hours of in-service training or continuing education in dialysis care or general health care as a requirement for the renewal of his or her certification. (c) An expired certification may be renewed at any time within two years after its expiration on the filing of an application for renewal and documentation of the required in-service education. (Amended by Stats. 2009, Ch. 559, Sec. 7. (SB 112) Effective October 11, 2009.)
  14. 1247.64.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A hemodialysis technician may satisfy required in-service training or continuing education through one or more listed sources.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.64. A hemodialysis technician may obtain the in-service training or continuing education required by subdivision (b) of Section 1247.63 from one or more of the following sources: (a) Health-related courses offered by accredited postsecondary institutions. (b) Health-related courses offered by continuing education providers approved by the California Board of Registered Nursing. (c) Health-related courses offered by recognized health associations if the department determines the courses to be acceptable. (d) Health-related, employer-sponsored in-service training or continuing education programs. (Amended by Stats. 2009, Ch. 559, Sec. 8. (SB 112) Effective October 11, 2009.)
  15. 1247.66.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    The department may deny, suspend, or revoke a hemodialysis technician’s certification for noncompliance, specified misconduct, false statements, fraud, or certain related criminal convictions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.66. (a) The department may deny, suspend, or revoke the certification of a hemodialysis technician if it finds that the hemodialysis technician is not in compliance with this article, or any regulations adopted by the department to administer this article. (b) The department may deny, suspend, or revoke the certification of a hemodialysis technician for any of the following causes: (1) Unprofessional conduct, which includes incompetence or gross negligence in carrying out his or her usual functions. (2) Procuring a certificate by fraud, misrepresentation, or mistake. (3) Making or giving any false statement or information in conjunction with the application for issuance or renewal of a certificate. (4) Conviction of a crime substantially related to the qualifications, functions, and duties of a hemodialysis technician in which event the record of the conviction shall be conclusive evidence thereof. (c) In addition to other acts constituting unprofessional conduct within the meaning of this article, all of the following constitute unprofessional conduct: (1) Conviction for, or use of, any narcotic drug, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Article 7 (commencing with Section 4211) of Chapter 9, or alcoholic beverages, to an extent or in a manner dangerous or injurious to the hemodialysis technician or any other person, or the public, to the extent that this use impairs the ability to conduct, with safety to the public, the practice of a hemodialysis technician. (2) Abuse, whether verbal, physical, or mental, of a patient in any setting where health care is being rendered. (d) Proceedings to deny, suspend, or revoke a certification under this article shall be conducted in accordance with Section 100171 of the Health and Safety Code. (Amended by Stats. 1999, Ch. 979, Sec. 4. Effective January 1, 2000.)
  16. 1247.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    An employee in training must be classified as a hemodialysis technician trainee and must be under immediate supervision when involved in patient treatment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.7. An employee in training shall be classified as a hemodialysis technician trainee and shall be under the immediate supervision of a licensed physician and surgeon or licensed registered nurse whenever involved in the treatment of a patient, as described in Section 1247.3. (Added by Stats. 1987, Ch. 1297, Sec. 4.)
  17. 1247.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    Each hemodialysis unit or clinic must keep information available for inspection showing its employed hemodialysis technicians meet Section 1247.61 requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.8. Each hemodialysis unit or clinic shall have information available for inspection by the department survey teams which verifies that the hemodialysis technicians employed at the unit or clinic meet the requirements of Section 1247.61. (Amended by Stats. 2009, Ch. 559, Sec. 9. (SB 112) Effective October 11, 2009.)
  18. 1247.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. )

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    A person or entity may not provide chronic dialysis services in this state unless the services are under the direction of a licensed chronic dialysis clinic or a licensed general acute care hospital.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 3.5. Hemodialysis Training [1247 - 1247.9] ( Article 3.5 added by Stats. 1987, Ch. 1297, Sec. 4. ) ## 1247.9. No person or entity shall provide chronic dialysis services to patients in this state unless the services are provided under the direction of a chronic dialysis clinic, licensed pursuant to Section 1204 of the Health and Safety Code, or a general acute care hospital, licensed pursuant to Section 1250 of the Health and Safety Code. (Amended by Stats. 2009, Ch. 39, Sec. 2. (SB 221) Effective January 1, 2010.)
  19. 125.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Licensed persons under specified divisions must not conspire with unlicensed persons to violate the code, or help them by lending a license or acting as their agent or partner.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125. Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is guilty of a misdemeanor and subject to the disciplinary provisions of this code applicable to them, who conspires with a person not so licensed to violate any provision of this code, or who, with intent to aid or assist that person in violating those provisions does either of the following: (a) Allows their license to be used by that person. (b) Acts as their agent or partner. (Amended by Stats. 2019, Ch. 351, Sec. 26. (AB 496) Effective January 1, 2020.)
  20. 125.3.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    In certain disciplinary proceedings, an administrative law judge may order a licensee to pay reasonable investigation and enforcement costs, and the board has related powers and limits on collection and license renewal.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.3. (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the Osteopathic Medical Board, upon request of the entity bringing the proceeding, the administrative law judge may direct a licensee found to have committed a violation or violations of the licensing act to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. (b) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership. (c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the entity bringing the proceeding or its designated representative shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General. (d) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the board to increase the cost award. The board may reduce or eliminate the cost award, or remand to the administrative law judge if the proposed decision fails to make a finding on costs requested pursuant to subdivision (a). (e) If an order for recovery of costs is made and timely payment is not made as directed in the board’s decision, the board may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the board may have as to any licensee to pay costs. (f) In any action for recovery of costs, proof of the board’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (g) (1) Except as provided in paragraph (2), the board shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section. (2) Notwithstanding paragraph (1), the board may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the board to reimburse the board within that one-year period for the unpaid costs. (h) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the fund of the board recovering the costs to be available upon appropriation by the Legislature. (i) Nothing in this section shall preclude a board from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. (j) This section does not apply to any board if a specific statutory provision in that board’s licensing act provides for recovery of costs in an administrative disciplinary proceeding. (Amended by Stats. 2021, Ch. 649, Sec. 1. (SB 806) Effective January 1, 2022.)
  21. 125.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A superior court may issue injunctions or restitution orders for certain violations in this code, when the board petitions with the director’s approval.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.5. (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, issue an injunction or other appropriate order restraining such conduct. 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. As used in this section, “board” includes commission, bureau, division, agency and a medical quality review committee. (b) The superior court for the county in which any person has engaged in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, order such person to make restitution to persons injured as a result of such violation. (c) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a) of this section, or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the petitioning board for expenses incurred by the board in its investigation related to its petition. (d) The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this code. (Amended by Stats. 1982, Ch. 517, Sec. 1.)
  22. 125.6.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Licensed persons may not discriminate or refuse licensed services based on protected characteristics, and they may face discipline for doing so.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.6. (a) (1) With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary provisions of this code applicable to that person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person refuses to perform the licensed activity or aids or incites the refusal to perform that licensed activity by another licensee, or if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person makes any discrimination, or restriction in the performance of the licensed activity. (2) Nothing in this section shall be interpreted to prevent a physician or health care professional licensed pursuant to Division 2 (commencing with Section 500) from considering any of the characteristics of a patient listed in subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is medically necessary and for the sole purpose of determining the appropriate diagnosis or treatment of the patient. (3) Nothing in this section shall be interpreted to apply to discrimination by employers with regard to employees or prospective employees, nor shall this section authorize action against any club license issued pursuant to Article 4 (commencing with Section 23425) of Chapter 3 of Division 9 because of discriminatory membership policy. (4) The presence of architectural barriers to an individual with physical disabilities that conform to applicable state or local building codes and regulations shall not constitute discrimination under this section. (b) (1) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to permit an individual to participate in, or benefit from, the licensed activity of the licensee where that individual poses a direct threat to the health or safety of others. For this purpose, the term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids and services. (2) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to perform a licensed activity for which the person is not qualified to perform. (c) (1) “Applicant,” as used in this section, means a person applying for licensed services provided by a person licensed under this code. (2) “License,” as used in this section, includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code. (Amended by Stats. 2019, Ch. 351, Sec. 28. (AB 496) Effective January 1, 2020.)
  23. 125.7.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A superior court may restrain a licensed person from practicing if the board files a supported petition showing a code violation and risk to public health, safety, or welfare.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.7. In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 2 (commencing with Section 500), or any initiative act referred to in that division, has engaged or is about to engage in any act that constitutes a violation of a chapter of this code administered or enforced by a board referred to in Division 2 (commencing with Section 500), may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with this section. (a) If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he or she is licensed. (b) The order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice. (c) Except as otherwise specifically provided by this section, 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. (d) When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than 30 days after the restraining order is issued, an accusation shall be filed with the board pursuant to Section 11503 of the Government Code or, in the case of a licensee of the State Department of Health Services, with that department pursuant to Section 100171 of the Health and Safety Code. The accusation shall be served upon the licensee as provided by Section 11505 of the Government Code. The licensee shall have all of the rights and privileges available as specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. However, if the licensee requests a hearing on the accusation, the board shall provide the licensee with a hearing within 30 days of the request and a decision within 15 days of the date the decision is received from the administrative law judge, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this section shall be dissolved by operation of law at the time the board’s decision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (e) 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. 1998, Ch. 878, Sec. 1.5. Effective January 1, 1999.)
  24. 125.8.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A board can ask the superior court to temporarily stop a licensed person from practicing if the person is violating the code, and the court may act on that request under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.8. In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board referred to in Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with the provisions of this section. (a) If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he is licensed. (b) Such order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice. (c) Except as otherwise specifically provided by this section, 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. (d) When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than 30 days after the restraining order is issued, an accusation shall be filed with the board pursuant to Section 11503 of the Government Code. The accusation shall be served upon the licensee as provided by Section 11505 of the Government Code. The licensee shall have all of the rights and privileges available as specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code; however, if the licensee requests a hearing on the accusation, the board must provide the licensee with a hearing within 30 days of the request and a decision within 15 days of the date of the conclusion of the hearing, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this section shall be dissolved by operation of law at such time the board’s decision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (Amended by Stats. 1982, Ch. 517, Sec. 3.)
  25. 125.9.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Specified boards may create a citation system for licensed professionals, issue citations, and assess administrative fines for violations, with limits and hearing deadlines.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 125.9. (a) A board, bureau, or commission within the department, the State Board of Chiropractic Examiners, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. (b) The system shall contain the following provisions: (1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated. (2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) In no event shall the administrative fine assessed by the board, bureau, or commission exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation, or five thousand dollars ($5,000) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations. (4) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if the licensee desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board, bureau, or commission 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. (5) Failure of a licensee to pay a fine or comply with an order of abatement, or both, within 30 days of the date of assessment or order, unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, or commission. 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. (c) The system may contain the following provisions: (1) A citation may be issued without the assessment of an administrative fine. (2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act. (d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine and compliance with the order of abatement, if applicable, shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, or commission. (Amended by Stats. 2024, Ch. 484, Sec. 1. (SB 1454) Effective January 1, 2025.)
  26. 12500.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    This section defines key terms used in the chapter, including weighing instrument, measuring instrument, correct, incorrect, and commercial purposes.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500. As used in this chapter the following terms mean: (a) “Weighing instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. (b) “Measuring instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. (c) “Correct” means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. (d) “Incorrect” means any instrument that fails to meet all of the requirements of Section 12107. (e) “Commercial purposes” include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count; or the determination of the weight, measure, or count of any commodity or thing upon which determination a charge for service is based. Devices used in a determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers. “Commercial purposes” do not include the determination of the weight, measure, or count of any commodity or thing that is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than 150 pounds, except when that determination is made in the presence of the customer charged for the service, or the determination of the weight of any animal or human by a qualified health provider, California-licensed veterinarian, licensed physician and surgeon, or staff members within the business operations of, and under the supervision of, a California-licensed veterinarian or licensed physician and surgeon for the purposes of determining the appropriate dosage of any medication or medical treatment or the volume, duration, or application of any medical procedure. (Amended by Stats. 2017, Ch. 573, Sec. 55.5. (SB 800) Effective January 1, 2018.)
  27. 12500.10.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A sealer must remove from commercial use any weighing, measuring, or counting device used or sold in violation of Section 12500.5, may mark or seize it as an “unapproved device,” and must remove the tag once compliance is shown.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500.10. (a) A sealer shall cause to be removed from commercial usage any weighing, measuring, or counting instrument or device sold or used in violation of Section 12500.5. The instrument or device may be either seized or marked with a tag or other suitable device with the words “unapproved device”. (b) Upon proof of compliance with Section 12500.5, the sealer shall remove the tag or device bearing the words “unapproved device”. (c) If the owner or user of any weighing, measuring, or counting instrument or device marked “unapproved device” refused or neglected to have it brought into compliance with Section 12500.5 within 30 days after the instrument or device was so marked, it shall be subject to seizure by the sealer. Any instrument or device which has been seized by the sealer pursuant to this section shall be subject to disposition as ordered by a court of competent jurisdiction upon petition for a disposition order by the owner or by any person claiming an interest in the seized instrument or device. If no disposition order is issued within four years after the date of the seizure, that instrument or device shall be defaced, destroyed, or otherwise disposed of by the sealer. The sealer shall, immediately following the defacing, destruction, or disposal of that instrument or device, notify, in writing, the board of supervisors of the county in which the sealer is serving of that fact together with the name and address of the owner or user of the instrument or device. (Amended by Stats. 1990, Ch. 77, Sec. 1.)
  28. 12500.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    The secretary must provide a process for approving commercial weights, measures, and measuring devices, and must issue approval certificates for compliant types or designs. It is unlawful to sell or use unapproved commercial weights or devices, with a grandfathering exception for certain preexisting items unless condemned.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500.5. The secretary by rules and regulations shall provide for submission for approval of types or designs of weights, measures, or weighing, measuring, or counting instruments or devices, used for commercial purposes, and shall issue certificates of approval of such types or designs as he or she shall find to meet the requirements of this code and the tolerances and specifications thereunder. It shall be unlawful to sell or use for commercial purposes any weight or measure, or any weighing, measuring, or counting instrument or device, of a type or design that has not first been so approved by the department; provided, however, that any such weight, measure, instrument, or device in use for commercial purposes prior to the effective date of this act may be continued in use unless and until condemned under the provisions of this code. (Amended by Stats. 2012, Ch. 661, Sec. 38. (SB 1576) Effective January 1, 2013.)
  29. 12500.6.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    The secretary may stop the sale or installation of certain previously approved weighing or measuring devices, and may start proceedings to decide whether an approval should be revoked or modified.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500.6. Notwithstanding Section 12500.5, the secretary may prohibit the sale or installation of any previously approved type or design of weight or measure or weighing, measuring, or counting instrument if the secretary determines the weight, measure, or instrument does not fulfill the purpose for which it was approved or that the weight, measure, or instrument is not identical to the approved type or design. The secretary may initiate proceedings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine whether the approval should be revoked or modified, and to determine the period of time that the owner or user of any accurate device for which type approval has been revoked or modified may continue to use that device for commercial purposes, pending the replacement or modification of the device. (Amended by Stats. 2012, Ch. 661, Sec. 39. (SB 1576) Effective January 1, 2013.)
  30. 12500.8.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    The secretary may enter into agreements with the National Type Evaluation Program, related certification programs, and other weights and measures jurisdictions to recognize each other’s certifications for prototype examination purposes.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500.8. The secretary may enter into an agreement with the National Type Evaluation Program, a certification program of the National Council on Weights and Measures, and other weights and measures jurisdictions, to accept the certifications of each other for prototype examination purposes. (Amended by Stats. 2025, Ch. 592, Sec. 29. (SB 861) Effective January 1, 2026.)
  31. 12500.9.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    The secretary must charge and collect an application fee and reasonable deposit for device approval submissions, and may set certain additional fees and rules.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12500.9. The secretary shall charge and collect an application fee and reasonable deposit from persons submitting devices for approval as required by Section 12500.5. Costs incurred by the department that exceed the deposit shall be charged and collected upon completion of all prototype-approval testing. The fees shall be based upon the following criteria: (a) The moneys collected are intended to compensate the secretary for the costs of time, mileage, equipment, and administrative services expended in providing prototype-approval service. (b) The secretary may compensate county sealers of weights and measures, other weights and measures jurisdictions, or private laboratories for furnishing equipment and assisting the department in conducting prototype-approval activities. (c) The amount of compensation provided for in subdivision (b) shall be based upon actual time, mileage, and equipment costs, as determined by the secretary. (d) The secretary may charge an annual administrative fee not to exceed reasonable costs incurred for the maintenance of type approval certificates in hard copy and electronic formats. (e) The secretary may adopt rules and regulations necessary to implement the provisions of this section. (f) All fees collected under the provisions of this section shall be deposited in the Department of Food and Agriculture Fund. (Amended by Stats. 2011, Ch. 133, Sec. 4. (AB 120) Effective July 26, 2011.)
  32. 12501.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A person selling weights, measures, or weighing or measuring instruments for commercial purposes must have them sealed by a sealer within one year before selling, subject to the stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12501. Except as provided in Section 12502 and, with respect to odometers, as is provided in Section 12501.1, every person who, for commercial purposes, sells weights or measures or weighing instruments or measuring instruments shall, within one year before selling the same, cause such weights or measures or weighing instruments or measuring instruments to be sealed by a sealer. (Amended by Stats. 1965, Ch. 966.)
  33. 12501.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    Commercial weights, measures, and measuring instruments must be sealed by a sealer before use, with limited exceptions for items sealed before sale and certain odometers.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12501.1. Every person who uses, or intends to use, any weight or measure, or weighing or measuring instrument for commercial purposes shall, before using the same, cause them to be sealed by a sealer, unless they have been sealed before sale, in which case they may be used by the purchaser for the remainder of such period as is authorized in the regulations adopted by the secretary pursuant to Section 12212, or until they become “incorrect,” as defined in subdivision (d) of Section 12500. Notwithstanding any other provision of law, an odometer that has been tested by the manufacturer may be used commercially without further test during the remainder of the inspection period adopted by the secretary for odometers, but shall not be used commercially thereafter until it has been sealed by a sealer. (Amended by Stats. 2017, Ch. 573, Sec. 57. (SB 800) Effective January 1, 2018.)
  34. 12501.2.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A sealer is not required to inspect, test, or seal certain hard-to-access weighing or measuring instruments unless the owner or user has made them more readily available for testing within six months after written notice.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12501.2. Notwithstanding other provisions of this division, a sealer shall not be required to inspect, test or seal any scales or other weighing or measuring instruments to be sold for use or being used for commercial purposes and so located that the testing standards, in the amount deemed necessary for the proper testing, cannot be brought to the instrument to be tested by customary means, whenever the owner or user thereof has not rendered the instrument in question more readily available for the purpose of permitting an accurate test to be made before the end of six months after notice in writing from the sealer requiring that better means of accessibility be provided for testing such instrument. (Added by Stats. 1965, Ch. 966.)
  35. 12501.3.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A sealer may allow an unsealed device to be used while repairs are pending if it is only wrong to the user’s disadvantage and the user is always the seller. The device must be repaired within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12501.3. Notwithstanding any other requirements or provisions of this division, a sealer may permit the use of an unsealed device pending repairs if the device is in error only to the disadvantage of the user and if the user is always the seller. Such an unsealed device shall be repaired within 30 days. (Amended by Stats. 1984, Ch. 646, Sec. 2.)
  36. 12502.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A weighing or measuring instrument that must be assembled or set up after sale may be sold before testing and sealing, but it must be tested and sealed before it is used.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12502. Any weighing or measuring instrument, which, after being sold and before being used for weighing or measuring, it is necessary to assemble or set up, may be sold without first being tested and sealed but shall be tested and sealed before being used. (Added by Stats. 1939, Ch. 43.)
  37. 12503.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    If a county resident makes a written request and there is reasonable ground, the sealer must test, or cause to be tested, the listed commercial weights and measures.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12503. Upon a written request of any resident of a county, there appearing reasonable ground therefor, the sealer shall test or cause to be tested, as soon thereafter as is practicable, the weights, measures, or weighing or measuring instruments used for commercial purposes by the person designated in that request. (Amended by Stats. 1990, Ch. 338, Sec. 2.)
  38. 12504.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    If a person planning to use or sell a weight, measure, or measuring instrument for commercial purposes makes a written request, the county sealer must test it or arrange for it to be tested as soon as practicable.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12504. Upon the written request of any person who intends to use or sell for commercial purposes any weight or measure, or weighing or measuring instrument in any county, the sealer for such county shall test or cause to be tested, as soon thereafter as is practicable, the weight or measure, or weighing or measuring instrument referred to in the request. Such written request shall not relieve the person making it from any violation of the provisions of this division or of the responsibility for using or selling any incorrect or unsealed weight, measure, or weighing or measuring instrument. (Amended by Stats. 1973, Ch. 977.)
  39. 12505.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    When a sealer examines a commercial weight or measuring/counting device and finds it correct, the sealer must seal or mark it with a department-approved device.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12505. Whenever a sealer examines any weight or measure or weighing, measuring, or counting instrument used for commercial purposes, and finds it to be correct, he or she shall seal or mark the weight, measure, or instrument with an appropriate device approved by the department, placed so as to provide optimum visibility to the customer, showing that the weight, measure, or instrument was inspected and indicating the date of the inspection. (Amended by Stats. 1990, Ch. 338, Sec. 3.)
  40. 12506.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A sealer must condemn and seize incorrect commercial weights, measures, and measuring instruments, may destroy them if they are not repairable, and must mark repairable items “Out of order.”

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12506. A sealer shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring instruments used for commercial purposes, which in his or her best judgment are not susceptible of repair, but any which the sealer finds susceptible of repair, he or she shall cause to be marked with a tag or other suitable device with the words “Out of order.” (Amended by Stats. 1990, Ch. 338, Sec. 4.)
  41. 12507.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    Owners or users of “Out of Order” weights or measuring devices must repair them within 30 days and cannot use or dispose of them until they are repaired and tested.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12507. The owners or users of any weights and measures or weighing or measuring instruments which have been marked “Out of Order,” shall have them repaired or corrected within 30 days, but until they have been repaired or corrected and tested the owners or users thereof may neither use nor dispose of them in any way. In the event that the owner or user of any weights or measures or weighing or measuring instruments marked “Out of Order” shall have refused or neglected to have them repaired or corrected within thirty (30) days they shall be subject to seizure by the sealer. Any weights or measures or weighing or measuring instruments which have been seized by the sealer under the provisions of this section shall be subject to such disposition as shall be ordered by a court of competent jurisdiction upon petition for a disposition order by the owner or by any person claiming an interest in such seized equipment. If no such disposition order is issued within four years after the date of seizure, such equipment shall be defaced and destroyed or otherwise disposed of by the sealer. The sealer shall, immediately following the defacing, destruction or disposal of such weights or measures or weighing or measuring instruments, furnish the board of supervisors of the county in which the sealer is serving, with a list of the items so disposed of together with the name and address of the owner or user of each thereof. (Amended by Stats. 1953, Ch. 953.)
  42. 12508.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    A person may not remove or obliterate a tag or device placed by a sealer on a weight, measure, or weighing/measuring instrument, except as allowed by Section 12509.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12508. Except as provided in Section 12509, any person who removes or obliterates any tag or device placed upon any weight, measure, or weighing or measuring instrument by a sealer is guilty of a misdemeanor. (Amended by Stats. 1973, Ch. 977.)
  43. 12509.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    After a repaired measuring device is reinspected and found correct, the sealer must remove the “out of order” tag and seal and mark the device. A registered service agency may remove the tag after corrective repairs or adjustments if authorized by the sealer, and the device may be used while waiting for reinspection.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12509. (a) When any weight, measure, or weighing or measuring instrument has been repaired and corrected, and has been reinspected and found correct, the sealer shall remove the tag or device with the words “out of order,” and shall seal and mark that weight, measure, or weighing or measuring instrument in the manner provided for the marking of the same where, upon inspection, it is found correct. (b) Upon completion of corrective repairs or adjustments, and with the authorization from the sealer, a registered service agency, as defined in Section 12531, may remove an “out of order” tag or device, and the weight, measure, or weighing or measuring instrument may be placed in service pending reinspection by the sealer. (Amended by Stats. 2012, Ch. 662, Sec. 2. (AB 1181) Effective January 1, 2013.)
  44. 12509.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    This section defines EVSE and says a previously placed-in-service EVSE does not have to be retested or placed back in service by a service agency or sealer before use after maintenance that does not affect correctness.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12509.5. (a) For purposes of this section, “EVSE” or “electric vehicle supply equipment” means a device that is used in connection with the sale of electricity as a motor vehicle fuel for controlling the electricity supply from an electric vehicle charging station to a vehicle during a charging session and that includes a measuring instrument. (b) Notwithstanding Section 12532, if an EVSE has previously been placed in service by a service agency or sealer, the EVSE shall not be required to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance in a manner that does not affect the EVSE being correct. (c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2024, Ch. 399, Sec. 1. (AB 2453) Effective January 1, 2025. Repealed as of January 1, 2028, by its own provisions.)
  45. 12510.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Using, selling, or keeping certain incorrect or improperly used weighing and measuring devices for commercial purposes is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12510. (a) Any person, who by himself or herself, or through or for another, does any of the following is guilty of a misdemeanor: (1) Uses, for commercial purposes, or retains in his or her possession an incorrect weight or measure or weighing or measuring instrument. (2) Sells any weight or measure used for commercial purposes, or weighing or measuring instrument which has not been sealed within one year, except weighing or measuring instruments required to be assembled prior to use. (3) Uses any condemned weight or measure or weighing or measuring instrument contrary to law. (4) Uses, for commercial purposes, or for determining the charge for a service, any weight or measure or weighing or measuring instrument which is not kept at a fixed location, which does not bear a current or previous year’s seal, and which, upon test by the sealer, is found to be incorrect, unless a written request for an inspection of the weighing or measuring instrument has been made to the county sealer. However, the use of any weight or measure or weighing or measuring instrument used by a public utility in connection with measuring gas, electricity, water, steam, or communication service subject to the jurisdiction of the Public Utilities Commission is exempt from this chapter. (5) Sells or uses any device or instrument to be used or calculated to falsify any weight or measure. (6) So locates or positions a weighing or measuring device used in retail trade, except as used exclusively in the preparation of packages put up in advance of sale, that its indications cannot be accurately read by the purchaser under ordinary circumstances. (7) Uses, for commercial purposes, a weighing or measuring device designed to automatically compute price unless the computed price is a true mathematical computation of the amount times the price per unit. (8) Willfully and knowingly uses, for commercial purposes, a measuring device designed to automatically compute price unless the indicators of quantity and the total computed price on the device has been returned to zero prior to the beginning of each delivery of that commodity or thing. (9) Fails to deliver for test to a designated location after receipt of a written notice from a weights and measure official, any device that is ordinarily tested at a central location. (10) Sells, rents, leases, loans, or knowingly installs an incorrect weighing or measuring instrument for commercial purposes. (b) The possession of an incorrect weight or measure or weighing or measuring instrument or records thereof is prima facie evidence of intention to violate the law. (Amended by Stats. 1990, Ch. 338, Sec. 5.)
  46. 12511.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Certain weights and measuring instruments may be used or sold without additional sealer testing if they have already been found correct, sealed, and certified under the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12511. Any weight, measure, or weighing or measuring instrument tested and found correct by any sealer may be used within this state without any further test for such period as is authorized in the regulations adopted by the secretary pursuant to Section 12212. If tested and sealed and certified to as correct by the National Institute of Standards and Technology, any weight, measure, or weighing or measuring instrument may be sold without being first tested and sealed by a sealer. In either case, it shall be subject to inspection and testing notwithstanding that it has been tested and sealed either by a sealer or by the National Institute of Standards and Technology. (Amended by Stats. 2017, Ch. 573, Sec. 58. (SB 800) Effective January 1, 2018.)
  47. 12511.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A weight, measure, or weighing/measuring instrument that has been found correct or corrected by a registered service agency may be used commercially until it is reinspected by a sealer.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12511.1. Notwithstanding any other provisions of this division, any weight or measure, or weighing or measuring instrument, found correct or corrected by a registered service agency, as defined in Section 12531, authorized pursuant to Section 12509, may be used commercially pending reinspection by a sealer. (Amended by Stats. 2012, Ch. 662, Sec. 3. (AB 1181) Effective January 1, 2013.)
  48. 12512.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    When a sale uses a quantity representation provided by the purchaser or purchaser-supplied equipment, the purchaser must not buy less than the true quantity or use a lower unit price than the highest applicable represented or legally established price.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12512. When the sale of any commodity is based upon a quantity representation either furnished by the purchaser or obtained through the use of equipment supplied by the purchaser, the purchaser shall in no case buy the commodity according to any quantity which is less than the true quantity of the commodity or compute the purchase price of the commodity according to a price per unit of measure that is less than the highest applicable price per unit of measure that is represented by the purchaser to the seller for the commodity, or, where applicable, less than a price per unit that is established by law, in statute, or by regulation. Violation of this section is a misdemeanor. (Amended by Stats. 2012, Ch. 662, Sec. 4. (AB 1181) Effective January 1, 2013.)
  49. 12513.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Authorized department employees may seal or test weights and measures, and those acts count the same as if done by a sealer or the sealer’s deputy.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12513. Any sealing or testing of any weight, measure, weighing or measuring instrument by any employee of the department authorized for the purpose shall have the same force and effect as a sealing or testing by a sealer or his deputy. (Added by Stats. 1939, Ch. 43.)
  50. 12514.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A sealer must not sell or have any direct or indirect interest in selling weighing or measuring instruments, and must not accept any fee, compensation, or gratuity for adjusting or repairing such instruments.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12514. No sealer shall sell or be interested directly or indirectly in the sale of any weighing or measuring instrument, nor shall he accept a fee, compensation, or gratuity of any kind for adjusting or repairing any weighing or measuring instrument. (Amended by Stats. 1957, Ch. 1615.)
  51. 12515.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    People who repair, adjust, sell, rent, lease, loan, or install a weighing or measuring instrument must notify the county sealer within 24 hours after the instrument is handled.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12515. (a) Any person having made repairs or adjustments to any weighing instrument or to any measuring instrument, or any person having sold, rented, leased, loaned, or installed any such instrument, who within 24 hours after the instrument has been sold, rented, leased, loaned, installed, repaired, or adjusted, fails to notify the sealer of the county in which the instrument has been sold, rented, leased, loaned, installed, repaired, or adjusted, that the sale, rent, lease, loan, installation, repair, or adjustment has been made, is guilty of a misdemeanor. (b) This section does not require notification to the sealer for an adjustment to a weighing or measuring instrument only for the purpose of maintaining it in a zero or balance condition. (Amended by Stats. 1989, Ch. 742, Sec. 2.)
  52. 12516.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A person must not place a livestock-auction scale where its readings cannot be easily seen by the buyer and seller, unless a state weights-and-measures certificate is issued on request.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12516. It shall be unlawful for any person to locate or position any scale used in connection with the auctioning of livestock so that its indications are not readily and clearly readable to the buyer and seller, unless a state certificate of weights and measures, made at the time of weighing, attesting to the weight of the livestock, is issued upon request to the buyer and seller. (Amended by Stats. 1955, Ch. 117.)
  53. 12517.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    Owners of coin-operated person weighers must post a specified accuracy disclaimer on the weigher.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12517. Every owner of a coin-operated person weigher shall place on such weigher, in a prominent position, in letters at least three-sixteenths inches in height and in bold type, the following statement: “This scale may not have been checked for accuracy.” (Added by Stats. 1967, Ch. 1286.)
  54. 12518.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

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    If a water submeter submitted for pre-installation inspection is found incorrect, the sealer must mark it “Out of Order” and may return it to a service agent only if there is no intentional tampering and it will not be placed into service in California.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12518. A water submeter submitted to a sealer by an owner, user, or operator for inspection and testing before its initial installation that is found to be incorrect, as defined in subdivision (d) of Section 12500, shall be marked with the words “Out of Order,” in accordance with Section 12506, and shall be returned to a service agent only if both of the following conditions are met: (a) The water submeter has no signs of intentional tampering by which to facilitate fraud. (b) The water submeter is not placed into service in California. (Amended by Stats. 2015, Ch. 303, Sec. 15. (AB 731) Effective January 1, 2016.)
  55. 12519.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. )

    Verify source ↗

    A qualifying water submeter owner, user, or operator is protected from prosecution and penalties if the meter is found incorrect and the listed conditions are met; the meter may not be reinstalled for commercial use unless it is repaired, recalibrated, inspected, and sealed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5. Weighing and Measuring Devices [12500 - 12519] ( Chapter 5 added by Stats. 1939, Ch. 43. ) ## 12519. (a) Notwithstanding any other law, an owner, user, or operator of a water submeter that has previously been sealed, installed, and used commercially who submits the water submeter to a sealer for inspection and testing shall not be subject to criminal prosecution or liable for other fines or other penalties for a violation of any provision of this division, if the device is found to be incorrect, if all of the following conditions apply: (1) The water submeter had, prior to installation and use, been submitted to a county sealer as one of a submeter lot where the lot was sampled and tested for compliance with all applicable laws and all applicable regulations adopted by the secretary in accordance with Section 12107. (2) The specific water submeter had, at no prior time, been directly subjected to a physical test of its performance characteristics or accuracy by a county sealer. (3) The specific water submeter has been deemed by the county sealer to show no signs of intentional tampering, damage, or alteration in its design or calibration while under the use or control of the owner, user, or operator. (4) The owner, user, or operator has maintained the water submeter in accordance with applicable provisions of this division, and any regulations adopted under Section 12107. (b) Notwithstanding subdivision (a), a water submeter that meets all of the conditions set forth in subdivision (a) shall not be permitted to be reinstalled and placed into commercial use unless it is repaired and recalibrated by a service agent, and inspected and sealed by the county sealer. (Added by Stats. 2014, Ch. 539, Sec. 4. (AB 2451) Effective January 1, 2015.)
  56. 12531.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 1. Definitions [12531- 12531.] ( Article 1 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 1. Definitions [12531- 12531.] ( Article 1 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12531. As used in this chapter, the following definitions are applicable: (a) “Service agency” means a person, as defined in Section 12011, that for hire, award, commission, or any other payment of any kind, repairs a commercial device. (b) “Service agent” means a person employed by a service agency to repair a commercial device. (c) “Device” means a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined in subdivision (e) of Section 12500. (d) “Placed in service” means to permit the use of a device that has been tested and found to be correct, as defined in subdivision (c) of Section 12500, and type approved, as provided for in Section 12500.5. (e) “Correct” means a device that meets all of the tolerance and specification requirements of Section 12107. (f) “Repair,” in any of its variant forms, means to provide maintenance, or to install, adjust, recondition, or service a device. (Amended by Stats. 2014, Ch. 539, Sec. 5. (AB 2451) Effective January 1, 2015.)
  57. 12532.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    Service agencies must be registered, file required information and fees, and report or surrender fraud-altered devices within 24 hours of discovery.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture pursuant to this chapter and unless the current registration fee and any penalty has been paid. (b) Applications for registration shall be in writing on a form prescribed by the department, and shall be accompanied by the required fee. (c) A service agency shall forward to the department the name or names of service agents employed by them, with the appropriate fees required by Section 12535. (d) A device may only be placed in service by a sealer or a service agency. A device used by a public utility in connection with measuring gas, electricity, water, steam, or communication service subject to the jurisdiction of the Public Utility Commission is exempt from the requirements of this chapter. (e) Except as provided in subdivision (f), no person who repairs a device is required to be registered if the device is placed into service by a sealer or service agency. (f) Vapor measuring devices operating at greater than 11 inches water column shall be installed by a service agency. (g) In the event of any change in the legal status of a registered service agency, the new legal entity shall obtain a new registration before operating as a service agency. (h) A service agency may employ or designate a licensed service agent to act for the service agency and shall be responsible for all acts of that person. (i) If a device has been altered in such a way as to facilitate fraud, a service agency or service agent shall report it to the county sealer within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered. (Amended by Stats. 2016, Ch. 329, Sec. 2. (AB 2307) Effective January 1, 2017.)
  58. 12533.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    A service agency must meet equipment, licensing, and record-copy requirements to get or keep registration.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12533. Before the issuance of its registration or in order to maintain its current registration, a service agency shall do all of the following: (a) (1) Possess, or have available for use, standards and testing equipment necessary to meet the minimum testing requirements contained in the “Notes” paragraphs of the specific device regulation set forth in Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations, for each type of device for which the service agency is providing service. (2) When applicable, the standards and testing equipment shall meet the specifications and tolerances published in the most current National Institute of Standards and Technology 105 Series Handbooks for Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures. (b) Ensure that every service agent in its employ has a current service agent license. (c) Possess a current copy of Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations, Field Reference Manual. (Amended by Stats. 2021, Ch. 525, Sec. 2. (AB 694) Effective January 1, 2022.)
  59. 12534.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    A service agency must use suitable, uniquely identified standards with a current certificate of accuracy when determining a correct device.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 2. Registration [12532 - 12534] ( Article 2 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12534. Commencing January 1, 2001, a service agency shall use suitable and sufficient standards that are permanently and uniquely identified, and have a current certificate of accuracy provided by the department or by a laboratory certified pursuant to Section 12314, in the determination of a correct device. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  60. 12535.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    Service agency registration applications must include stated fees, and registrations must be renewed annually with the department.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12535. (a) An application for service agency registration shall be accompanied by an annual fee of two hundred dollars ($200) for a primary maintenance location, and one hundred dollars ($100) for each additional maintenance location of the applicant, and twenty-five dollars ($25) for every person employed by a service agency as a service agent. (b) Each registration required by this chapter shall be renewed annually, on or before the first day of the first month of the service agency’s registration year, by application to the department, accompanied by the annual registration fee. “Registration year” means the period of time beginning with the first day of the month the service agency is required to be registered in this state, and ending one year from date of issuance of the registration. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  61. 12536.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    Fees received by the department under this chapter must be deposited in the State Treasury to the credit of the Food and Agriculture Fund.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12536. Fees received by the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Food and Agriculture Fund to be used for the administration and enforcement of this chapter. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  62. 12537.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    The secretary must allocate 60% of funds from this chapter to counties that employ a sealer or director of weights and measures, and county payments must be proportional to each county’s enforcement spending.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 3. Fees [12535 - 12537] ( Article 3 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12537. Sixty percent of the funds derived pursuant to this chapter shall be allocated by the secretary to counties that employ a sealer or director of weights and measures. The payment to each county shall be in proportion to the funds expended by the county in the enforcement of Division 5 (commencing with Section 12001). (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  63. 12540.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 4. Examinations [12540- 12540.] ( Article 4 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    Service agents must have a current license, pass a written exam, and be reexamined every five years to keep the license.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 4. Examinations [12540- 12540.] ( Article 4 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12540. (a) Commencing on January 1, 2001, no person shall be employed by a service agency as a service agent unless he or she possesses a current license. (b) Commencing on January 1, 2001, applicants for a service agent license shall pass a written examination on the laws and regulations governing weights and measures. A passing score of 70 percent or greater is required to qualify for a license pursuant to this chapter. Examinations developed by the department may be taken by appointment in any county sealer’s office or at a location designated by the Division of Measurement Standards. (c) An application for the examination to obtain a service agent license shall be in a form prescribed by the department and shall be accompanied by a fee established by the secretary to recover costs of examination administration, payable to the county in which the examination is given, or to the Division of Measurement Standards, if the examination is given by the department. (d) Every service agent shall be reexamined every five years. To maintain a service agent license, the reexamination shall be taken and passed on or before the date on which the examination was last taken and passed. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  64. 12541.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 5. Advisory Committee [12541- 12541.] ( Article 5 added by Stats. 1999, Ch. 364, Sec. 2. )

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    The department must create a seven-member advisory committee and fill vacancies; the committee advises the department on service-agency registration matters.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 5. Advisory Committee [12541- 12541.] ( Article 5 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12541. (a) The department shall establish a seven-member advisory committee consisting of the following members: (1) Two members representing registered service agencies. (2) Two members representing county sealers or directors of weights and measures. (3) One member representing device manufacturers. (4) One member representing industry clients of service agencies. (5) One member representing the general public. (b) Except as provided in subdivision (c), the term of office of the members of the committee is three years. Vacancies shall be filled by the department for any unexpired term. (c) Initial appointments to the committee shall be made as follows: (1) One representative of registered service agencies, and one representative of county sealers or directors of weights and measures shall be appointed for one year. (2) One representative of device manufacturers, one representative of county sealers or directors of weights and measures, and one representative of industry clients of service agencies shall be appointed for two years. (3) One representative of registered service agencies, and one representative of the general public shall be appointed for three years. (d) The committee shall be advisory to the department in all matters concerning the registration of service agencies. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  65. 12542.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    A service agency’s registration may be suspended, revoked, or denied if its service agents violate this division or if there is any violation of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12542. A service agency registration may be suspended for the actions of its service agents in violation of this division. A service agency’s registration may be revoked or suspended, or may be denied by the department, for any violation of this chapter. Proceedings for the denial, revocation, or suspension of a registration shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted therein. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  66. 12543.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    A county sealer may suspend a service agency’s authorization to place devices into service or remove out-of-order notices, if the agency violates this division and the Section 12544 notice-and-hearing process is followed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12543. A service agency’s authorization to place devices into service, or to remove out-of-order notices may be suspended by a county sealer, within his or her county, pursuant to the notice and hearing provisions described in Section 12544 for violations of this division. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  67. 12544.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. )

    Verify source ↗

    A county sealer planning to suspend a service agency’s authorization must give written notice of the stated grounds, suspension period, start date, affected service agents, and hearing/appeal information; the department may expand the suspension to additional counties after the investigative hearing.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices [12531 - 12544] ( Chapter 5.5 repealed and added by Stats. 1999, Ch. 364, Sec. 2. ) ## ARTICLE 6. Disciplinary Action [12542 - 12544] ( Article 6 added by Stats. 1999, Ch. 364, Sec. 2. ) ## 12544. (a) A county sealer intending to suspend the authorization of a service agency shall notify the service agency in writing of all of the following: (1) The alleged violations to be used as the basis for suspension. (2) The proposed duration of the suspension. (3) The date the suspension is to begin, which may not be sooner than 20 days after a notice is mailed. (4) The names of service agents to be affected by the suspension. (5) The fact that the service agency or service agent shall be provided the opportunity for an investigational hearing prior to the suspension. (6) The fact that the service agency or service agent may be represented by legal counsel. (7) The fact that the service agency or service agent may appeal to the department prior to imposition of a suspension. (b) A copy of the proposed action to the service agency shall be immediately forwarded to the department. (c) The department may, as a result of the investigative hearing, declare the suspension to be effective in additional counties. (Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
  68. 126.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Some departmental agencies that used to have to send reports to the Governor no longer have to submit those reports.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 126. Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department required prior to the effective date of this section to submit reports to the Governor under any provision of this code shall not be required to submit such reports. (Added by Stats. 1967, Ch. 660.)
  69. 1260.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue a clinical laboratory bioanalyst’s license to applicants who meet the stated degree, experience, and examination requirements, and it may waive the written exam for certain applicants with qualifying national board exam results.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1260. The department shall issue a clinical laboratory bioanalyst’s license to each person who is a lawful holder of a degree of master of arts, master of science, or an equivalent or higher degree as determined by the department with a major in chemical, physical, biological, or clinical laboratory sciences. This education shall have been obtained in one or more established and reputable institutions maintaining standards equivalent, as determined by the department, to those institutions accredited by the Western Association of Schools and Colleges or an essentially equivalent accrediting agency, as determined by the department. The applicant also shall have a minimum of four years’ experience as a clinical laboratory scientist performing clinical laboratory work embracing the various fields of clinical laboratory activity in a clinical laboratory certified under CLIA. The quality and variety of this experience shall be satisfactory to the department and shall have been obtained within the six-year period immediately antecedent to admission to the examination. The applicant shall successfully pass a written examination and an oral examination conducted by the department or a committee designated by the department to conduct the examinations, indicating that the applicant is properly qualified. The department may issue a license without conducting a written examination to an applicant who has passed a written examination of a national accrediting board having requirements that are, in the determination of the department, equal to or greater than those required by this chapter and regulations adopted by the department. The department shall establish by regulation the required courses to be included in the college or university training. (Amended by Stats. 2015, Ch. 341, Sec. 3. (AB 940) Effective January 1, 2016.)
  70. 1260.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue a histocompatibility laboratory director’s license to each person who meets the qualifications in Section 1209.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1260.1. The department shall issue a histocompatibility laboratory director’s license to each person who meets the qualifications specified in Section 1209.1. (Amended by Stats. 1978, Ch. 429.)
  71. 1260.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue a medical laboratory technician license to applicants who meet the listed education, application, and fee requirements. Licensed technicians may do certain CLIA-waived or moderate-complexity tests and report results, but they cannot do high-complexity testing or most microscopic/immunohematology procedures, and they must work under supervision.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1260.3. (a) The department shall issue a medical laboratory technician license to each person who meets the following requirements: (1) Has met the requirements of this chapter and any reasonable qualifications established by regulations of the department, including, but not limited to, any of the following: (A) Lawfully holds an associate degree or an equivalent or higher degree in chemical, physical, biological, or clinical laboratory science, which includes a minimum of 36 semester units of physical or biological sciences. (B) The completion of 60 semester (90 quarter) units from an accredited college or university, with 36 semester units in physical or biological sciences. (C) Graduation from a medical laboratory technician training program accredited by the National Accrediting Agency for Clinical Laboratory Sciences or other recognized accrediting program approved by the department. (D) Graduation from an advanced military medical laboratory specialist program approved by the department. (2) Has applied for the license on forms provided by the department. (3) Has paid a license fee established in regulations of the department in accordance with subdivision (q) of Section 1300. (b) A licensed medical laboratory technician may perform clinical laboratory tests or examinations classified as waived or of moderate complexity under CLIA, but not high complexity, and may report the test results. However, a licensed medical laboratory technician shall not perform microscopic analysis or immunohematology procedures, except for blood smear reviews other than manual leukocyte differentials, microscopic urinalysis, and blood typing of moderate complexity such as automated ABO/Rh testing and antibody screen testing. The medical laboratory technician shall work under the supervision of a licensed physician and surgeon or a baccalaureate, masters, or doctoral level person licensed pursuant to this chapter. The supervision shall be required during the entire time a medical laboratory technician performs clinical laboratory tests or examinations. (Amended by Stats. 2018, Ch. 235, Sec. 1. (AB 2281) Effective January 1, 2019.)
  72. 12601.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    This chapter is intended to protect purchasers of covered commodities from deception or misrepresentation and to help packages and labels give accurate quantity information.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12601. This chapter is designed to protect purchasers of any commodity within its provisions against deception or misrepresentation. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. It is hereby declared to be the policy of the Legislature to assist in attaining these goals. (Repealed and added by Stats. 1969, Ch. 1309.)
  73. 12602.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    People involved in packaging, labeling, or distributing certain commodities must not distribute nonconforming packaged or labeled goods.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12602. (a) It is unlawful for any person engaged in the packaging or labeling of any commodity for distribution or sale, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution of any packaged or labeled commodity, to distribute or to cause to be distributed any such commodity if the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter or the regulations adopted under the authority of this chapter or the provisions of, or the regulations adopted under, Chapter 14 (commencing with Section 13400) or Chapter 15 (commencing with Section 13700). (b) The prohibition contained in subdivision (a) does not apply to persons engaged in business as wholesale or retail distributors of commodities, except to the extent that those persons (1) are engaged in the packaging or labeling of such commodities, (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled, or (3) have knowledge of the violation of any provision of this chapter or of Chapter 6.6 (commencing with Section 12665), Chapter 14 (commencing with Section 13400), or Chapter 15 (commencing with Section 13700). (Amended by Stats. 2017, Ch. 573, Sec. 59. (SB 800) Effective January 1, 2018.)
  74. 12603.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    Certain persons may not distribute packaged commodities unless the packaging meets labeling rules set by the secretary.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12603. No person subject to the prohibition in Section 12602 shall distribute any packaged commodity unless it is in conformity with regulations that shall be established by the secretary that shall provide: (a) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor. (b) The net quantity of contents (in terms of weight or mass, measure, numerical count, or time) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch-pound system of measure, and except as provided in subdivisions (c) and (d), the SI (Systeme International d’Unites) metric system. (c) On a random package labeled in terms of pounds and decimal fractions of the pound, the statement may be carried out to not more than three decimal places and is not required to, but may include a statement in terms of the SI metric system carried out to not more than three decimal places. (d) The requirements of subdivision (b) concerning labeling using the metric system do not apply to nonconsumer packages, foods that are packaged at the retail store level, or to the sale or distribution of products whose labels have been printed prior to February 14, 1994. (e) This section shall become operative on February 14, 1994. (Amended by Stats. 2017, Ch. 573, Sec. 60. (SB 800) Effective January 1, 2018.)
  75. 12605.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    A person covered by Section 12602 must not distribute packaged commodities with qualifying words or phrases in the required net quantity statement.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12605. No person subject to the prohibition contained in Section 12602 shall distribute or cause to be distributed in commerce any packaged commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Section 12603(b), but nothing in this chapter shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. In no case shall any declaration of quantity be qualified by the addition of the words “minimum,” or “when packed,” or words of similar import; nor shall any unit of weight, measure or count be qualified by any term (such as jumbo, giant, full, or the like) that tends to exaggerate the amount of the commodity in the package. (Repealed and added by Stats. 1969, Ch. 1309.)
  76. 12606.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    Containers packed with commodities must not be built or filled to deceive people, and misleading slack fill is barred unless it fits a stated exception.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12606. (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud. (b) No container shall be made, formed, or filled as to be misleading. A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for reasons other than any one or more of the following: (1) Protection of the contents of the package. (2) The requirements of machines used for enclosing the contents of the package. (3) Unavoidable product settling during shipping and handling. (4) The need to utilize a larger than required package or container to provide adequate space for the legible presentation of mandatory and necessary labeling information, such as those based on the regulations adopted by the United States Food and Drug Administration or state or federal agencies under federal or state law, laws or regulations adopted by foreign governments, or under an industrywide voluntary labeling program. (5) The fact that the product consists of a commodity that is packaged in a decorative or representational container where the container is part of the presentation of the product and has value that is both significant in proportion to the value of the product and independent of its function to hold the product, such as a gift combined with a container that is intended for further use after the product is consumed, or durable commemorative or promotional packages. (6) An inability to increase the level of fill or to further reduce the size of the package, such as where some minimum package size is necessary to accommodate required labeling, discourage pilfering, facilitate handling, or accommodate tamper-resistant devices. (7) The product container bears a reasonable relationship to the actual amount of product contained inside, and the dimensions of the actual product container, the product, or the amount of product therein is visible to the consumer at the point of sale, or where obvious secondary use packaging is involved. (8) One or more of the following: (A) The dimensions of the product or immediate product container are visible through the exterior packaging. (B) The actual size of the product or immediate product container is clearly and conspicuously depicted on any side of the exterior packaging, excluding the bottom, accompanied by a clear and conspicuous disclosure that the depiction is the “actual size” of the product or immediate product container. If there are multiple units of the same product in a package, only one “actual size” depiction is required per same size product or immediate product container. (C) A line or a graphic that represents the product or product fill and a statement communicating that the line or graphic represents the product or product fill such as “Fill Line,” both of which are clearly and conspicuously depicted on exterior packaging or the immediate product container if visible at point of sale. If the product is subject to settling, the line shall represent the minimum amount of product after settling. (9) The presence of any headspace within an immediate product container necessary to facilitate the mixing, adding, shaking, or dispensing of liquids or powders by consumers before use. (10) The exterior packaging contains a product delivery or dosing device if the device is visible, or a clear and conspicuous depiction of the device appears on the exterior packaging, or it is readily apparent from the conspicuous exterior disclosures or the nature and name of the product that a delivery or dosing device is contained in the package. (11) The exterior packaging or immediate product container is a kit that consists of a system, or multiple components, designed to produce a particular result that is not dependent upon the quantity of the contents, if the purpose of the kit is clearly and conspicuously disclosed on the exterior packaging. (12) The exterior packaging of the product is routinely displayed using tester units or demonstrations to consumers in retail stores, so that customers can see the actual, immediate container of the product being sold, or a depiction of the actual size thereof before purchase. (13) The exterior packaging consists of single or multiunit presentation boxes of holiday or gift packages if the purchaser can adequately determine the quantity and sizes of the immediate product container at the point of sale. (14) The exterior packaging is for a combination of one purchased product, together with a free sample or gift, wherein the exterior packaging is necessarily larger than it would otherwise be due to the inclusion of the sample or gift, if the presence of both products and the quantity of each product are clearly and conspicuously disclosed on the exterior packaging. (15) The exterior packaging or immediate product container encloses computer hardware or software designed to serve a particular computer function, if the particular computer function to be performed by the computer hardware or software is clearly and conspicuously disclosed on the exterior packaging. (16) The mode of commerce does not allow the consumer to view or handle the physical container or product. (c) Slack fill in a package shall not be used as grounds to allege a violation of this section based solely on its presence unless it is nonfunctional slack fill. (d) Any sealer may seize a container that facilitates the perpetration of deception or fraud and the contents of the container. By order of the superior court of the county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon conditions the court may impose to ensure against their use in violation of this chapter. The contents of any condemned container shall be returned to the owner thereof if the owner furnishes proper facilities for the return. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 544, Sec. 1. (AB 2632) Effective January 1, 2019.)
  77. 12606.2.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    Food containers covered by the cited federal provisions must not be made, formed, or filled in a misleading way.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12606.2. (a) This section applies to food containers subject to Section 403(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343(d)), and Section 100.100 of Title 21 of the Code of Federal Regulations. Section 12606 does not apply to food containers subject to this section. (b) No food containers shall be made, formed, or filled as to be misleading. (c) A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill. Slack fill is the difference between the actual capacity of a container and the volume of product contained therein. Nonfunctional slack fill is the empty space in a package that is filled to substantially less than its capacity for reasons other than any one or more of the following: (1) Protection of the contents of the package. (2) The requirements of the machines used for enclosing the contents in the package. (3) Unavoidable product settling during shipping and handling. (4) The need for the package to perform a specific function, such as where packaging plays a role in the preparation or consumption of a food, if that function is inherent to the nature of the food and is clearly communicated to consumers. (5) The fact that the product consists of a food packaged in a reusable container where the container is part of the presentation of the food and has value that is both significant in proportion to the value of the product and independent of its function to hold the food, such as a gift product consisting of a food or foods combined with a container that is intended for further use after the food is consumed or durable commemorative or promotional packages. (6) Inability to increase the level of fill or to further reduce the size of the package, such as where some minimum package size is necessary to accommodate required food labeling exclusive of any vignettes or other nonmandatory designs or label information, discourage pilfering, facilitate handling, or accommodate tamper-resistant devices. (7) One or more of the following: (A) The dimensions of the product or immediate product container are visible through the exterior packaging. (B) The actual size of the product or immediate product container is clearly and conspicuously depicted on any side of the exterior packaging, excluding the bottom, accompanied by a clear and conspicuous disclosure that the depiction is the “actual size” of the product or immediate product container. If there are multiple units of the same product in a package, only one “actual size” depiction is required per same size product or immediate product container. (C) A line or a graphic that represents the product or product fill and a statement communicating that the line or graphic represents the product or product fill such as “Fill Line,” both of which are clearly and conspicuously depicted on exterior packaging or the immediate product container if visible at point of sale. If the product is subject to settling, the line shall represent the minimum amount of product after settling. (8) The mode of commerce does not allow the consumer to view or handle the physical container or product. (d) Slack fill in a package shall not be used as grounds to allege a violation of this section based solely on its presence unless it is nonfunctional slack fill. (e) This section shall be interpreted consistent with the comments by the United States Food and Drug Administration on the regulations contained in Section 100.100 of Title 21 of the Code of Federal Regulations, interpreting Section 403(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343(d)), as those comments are reported on pages 64123 to 64137, inclusive, of Volume 58 of the Federal Register. (f) If the requirements of this section do not impose the same requirements as are imposed by Section 403(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343(d)), or any regulation promulgated pursuant thereto, then this section is not operative to the extent that it is not identical to the federal requirements, and for this purpose those federal requirements are incorporated into this section and shall apply as if they were set forth in this section. (g) Any sealer may seize any container that is in violation of this section and the contents of the container. By order of the superior court of the county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon any conditions that the court may impose to ensure against their use in violation of this chapter. The contents of any condemned container shall be returned to the owner thereof if the owner furnishes proper facilities for the return. A proceeding under this section is a limited civil case if the value of the property in controversy is less than or equal to the maximum amount in controversy for a limited civil case under Section 85 of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 544, Sec. 2. (AB 2632) Effective January 1, 2019.)
  78. 12607.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    If a packaged commodity is sold or offered without the required net quantity statement, the sealer must order it off sale in writing and require a correct net quantity statement before release.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12607. Whenever a packaged commodity is offered for sale, exposed for sale or sold without a statement of net quantity appearing thereon as required by this chapter, the sealer shall in writing order the commodity off sale and require that a correct statement of net quantity be placed on the commodity before the same may be released by the sealer. (Amended by Stats. 1976, Ch. 239.)
  79. 12609.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    The secretary must adopt regulations for package testing, net quantity statements, and labeling requirements, and may include exemptions under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12609. The secretary shall adopt necessary regulations to carry out the purpose of this division and for the testing of packages to verify the net quantity statements. In adopting these regulations, the secretary shall adopt by reference the packaging and labeling requirements recommended by the National Council on Weights and Measures and published in the current edition of the National Institute of Standards and Technology Handbook 130, Uniform Packaging and Labeling Regulations, except insofar as those requirements are specifically modified, amended, or rejected by regulation by the secretary. The regulations shall include exemptions from full compliance with this chapter for good and sufficient reasons. Any exemptions affecting consumer commodities shall be in conformance with exemptions permitted by federal regulations. Any regulation, or amendment thereof, shall be adopted by the secretary in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2025, Ch. 592, Sec. 30. (SB 861) Effective January 1, 2026.)
  80. 1261.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue certain laboratory scientist licenses to applicants who meet the listed education, experience, certification, and application requirements, and it must set related standards by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1261. (a) (1) The department shall issue a clinical laboratory scientist’s or a limited clinical laboratory scientist’s license to each person who is a lawful holder of a baccalaureate or an equivalent or higher degree, who has applied for the license on forms provided by the department and has met the requirements of this chapter and any reasonable qualifications established by regulations of the department. However, an exception to the degree requirement may be made by the department for the clinical laboratory scientist’s license only if the applicant for the license has completed a minimum of two years of experience as a licensed trainee or the equivalent thereof, as determined by the department, doing clinical laboratory work embracing the various fields of clinical laboratory activity in a clinical laboratory approved by the department. In addition, the applicant applying under this section must have 90 semester hours or equivalent quarter hours of university or college work or the equivalent thereof, as may be determined by the department, which shall have included at least 23 semester hours or equivalent quarter hours of science courses as specified by regulations of the department. Additional college or university work that includes courses in the fundamental sciences may be substituted for one of the two years of experience in the ratio of 30 semester hours or equivalent quarter hours for each year of experience. This exception shall not apply to the limited clinical laboratory scientist’s license. The department shall hold examinations to aid it in judging the qualifications of applicants. Licenses may be issued in any or all of the sciences applied in a clinical laboratory as determined by regulation established by the department. The department shall establish by regulation the college courses or majors to be included in the college or university training and the amount and kind of training or experience required. Examinations, training, or experience requirements for limited licenses shall cover only the science concerned. The department may identify by regulation the appropriate sciences and shall establish the minimum requirements for training and experience and required courses or major for each. (2) Prior to the adoption of implementing regulations and notwithstanding subdivision (c) of Section 1261.5, the department shall issue a clinical reproductive biologist scientist license to every applicant for licensure who has applied for the license on forms provided by the department, who holds a baccalaureate or an equivalent or higher degree in a chemical, physical, or biological science or clinical laboratory science, who is certified as an andrology laboratory scientist, an embryology laboratory scientist, or a technical supervisor of andrology or embryology by a certifying board in the specialty of reproductive biology, clinical andrology, or clinical embryology approved by the department, and who meets the qualifications of training, education, and experience specified in Section 1261.5. (3) Prior to the adoption of implementing regulations and notwithstanding subdivision (c) of Section 1261.5, the department shall issue a clinical laboratory geneticist scientist license to every applicant for licensure who has applied for the license on forms provided by the department, who holds a baccalaureate or an equivalent or higher degree in a chemical, physical, or biological science, clinical laboratory science, or a field related to genetics, who is certified in biochemical genetics or laboratory genetics and genomics by a certifying board in the specialty of genetics approved by the department, and who meets the qualifications of training, education, and experience specified in Section 1261.5. (4) Experience as a clinical laboratory technician in any branch of the Armed Forces of the United States may be considered equivalent to the experience as a trainee, if the experience is approved by the department. Each year of training and experience as a clinical laboratory technician in the armed forces shall be equivalent to 15 semester hours, which shall be credited to the minimum number of hours required to qualify for licensure as a trainee. The semester hours acquired in this manner shall not consist of the science courses required by the department under this section. The maximum number of hours granted shall not exceed 60 semester hours or its equivalent. (b) (1) Notwithstanding subdivision (a), the department shall establish an “MLT-to-CLS” pathway program by January 1, 2022, that would authorize a licensed MLT to apply their work experience and training from a department-approved MLT training program towards the completion of a CLS training program. The work experience and training may only be eligible for the pathway program upon approval by the department. (2) For purposes of this subdivision: (A) “CLS” means a clinical laboratory scientist. (B) “MLT” means a medical laboratory technician. (Amended by Stats. 2022, Ch. 473, Sec. 7. (SB 1267) Effective January 1, 2023.)
  81. 1261.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department may issue limited clinical laboratory scientist licenses in specified specialties and must adopt regulations when it creates a new category. Applicants must meet stated education and training requirements to qualify for the special license exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1261.5. (a) The department may issue limited clinical laboratory scientist’s licenses in chemistry, microbiology, toxicology, histocompatibility, immunohematology, genetic molecular biology, cytogenetics, laboratory genetics, reproductive biology, or other areas of laboratory specialty or subspecialty when determined to be necessary by the department in order for licensure categories to keep abreast of changes in laboratory or scientific technology. Whenever the department determines that a new limited clinical laboratory scientist license category is necessary, it shall adopt regulations identifying the category and the areas of specialization included within the category. (b) To qualify for admission to the examination for a special clinical laboratory scientist’s license, an applicant shall have both the following: (1) Graduated from a college or university maintaining standards equivalent, as determined by the department, to those institutions accredited by the Western Association of Schools and Colleges or an essentially equivalent accrediting agency with a baccalaureate or higher degree with a major appropriate to the field for which a license is being sought. (2) One year of full-time postgraduate training or experience in the various areas of analysis in the field for which a license is being sought in a laboratory that has a license issued under this chapter or which the department determines is equivalent thereto. (c) Whenever a limited clinical laboratory scientist’s license is established for a specific area of specialization, the department may issue the license without examination to applicants who had met standards of education and training, defined by regulations, and to applicants certified by a board approved for that certification by the department, prior to the date of the adoption of implementing regulations. (d) The department shall adopt regulations to implement this section. (Amended by Stats. 2022, Ch. 473, Sec. 8. (SB 1267) Effective January 1, 2023.)
  82. 1261.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department may issue a limited clinical laboratory scientist’s license in cytogenetics to qualifying applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1261.6. The department may issue a limited clinical laboratory scientist’s license in cytogenetics to any person with a minimum of seven years of work experience in this state as a cytogenetic technologist who provides evidence of satisfactory performance on a written examination administered by the National Credentialing Agency for Laboratory Personnel on or before December 31, 1991, in the specialty of cytogenetics, and who meets the federal regulatory requirements for personnel performing high-complexity testing. (Added by Stats. 2004, Ch. 807, Sec. 1. Effective January 1, 2005.)
  83. 12610.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    The secretary may issue regulations about package-size standards and may require certain commodity labels to show the common or usual name, with an exception for food commodities.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12610. The secretary may promulgate regulations similar to those promulgated by the United States Secretary of Health and Human Services or the Federal Trade Commission pursuant to the federal Fair Packaging and Labeling Act (Public Law 89-755; 80 Stat. 1296; 15 U.S.C. Secs. 1451-1461) effective to do the following: (a) Establish and define standards for characterization of the size of a package enclosing any commodity, that may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this subdivision shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity. (b) Require that the label on each package of a commodity (other than one that is a food within the meaning of Section 201(f) of the Federal Food, Drug, and Cosmetic Act) bear the common or usual name of the consumer commodity, if any. (Amended by Stats. 2012, Ch. 661, Sec. 42. (SB 1576) Effective January 1, 2013.)
  84. 12611.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    It is unlawful to pack, ship, or sell a commodity in a container that does not meet this chapter’s packaging and labeling requirements.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12611. It is unlawful to pack, ship, or sell any commodity in a container which does not conform to all the specifications of this chapter; or which is not conspicuously marked, branded, or otherwise labeled as required by this chapter; or on which any word, statement or other information required by this chapter is not prominently placed, in such terms and with such conspicuousness, as compared with other words, statements, designs or devices on the label or container, as to render it likely to be read and understood by ordinary persons under customary conditions of purchase and use. (Repealed and added by Stats. 1969, Ch. 1309.)
  85. 12612.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    Sales of certain packaged commodities, including malt beverages, are not violations if the containers and contents comply with applicable weight, measure, or count rules or approvals.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12612. The sale of any commodity packaged in a container, wherein both the container and the contents thereof comply with any act of Congress or rules or regulations promulgated thereunder, appertaining to weight, measure or count, does not violate the provisions of this chapter; nor does the sale of malt beverages in containers complying with a rule, regulation or an approval of the United States Treasury Department, Internal Revenue Service or Bureau of Alcohol, Tobacco and Firearms, or of the State Department of Public Health and pertaining to weight, measure or count constitute a violation of the provisions of this chapter. (Amended by Stats. 1973, Ch. 1033.)
  86. 12613.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    If a chapter provision is less strict than, or conflicts with, federal Fair Packaging and Labeling Act requirements, that chapter provision is inoperative to the extent of the conflict.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12613. If any provision of this chapter is less stringent or requires information different from any requirement of Section 4 of the act of Congress entitled “Fair Packaging and Labeling Act” (P.L. 89-755; 80 Stat. 1296; 15 U.S.C. 1451-1461) or of any regulation promulgated pursuant to that act, the provision is inoperative to the extent that it is less stringent or requires information different from the federal requirement, in which event the federal requirement is a part of this chapter. (Amended by Stats. 1981, Ch. 714, Sec. 35.)
  87. 12615.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. )

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    Violating most provisions of this chapter is a misdemeanor, except Section 12604.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6. Fair Packaging and Labeling Act [12601 - 12615.5] ( Chapter 6 repealed and added by Stats. 1969, Ch. 1309. ) ## 12615.5. The violation of any provision of this chapter, except the provisions of Section 12604.5, is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment. (Added by Stats. 1977, Ch. 1185.)
  88. 1262.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department may issue certain clinical laboratory licenses only after examination, but it can grant temporary or reciprocal licenses in specified cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1262. No clinical laboratory scientist’s or limited clinical laboratory scientist’s license shall be issued by the department except after examination; provided, that a temporary clinical laboratory scientist’s license or a temporary limited clinical laboratory scientist’s license may be issued to an individual who fulfills the requirements for admission to the examination unless the individual has failed a previous examination for the license. The department may issue licenses without examination to applicants who have passed examinations of the national accrediting boards whose requirements are equal to or greater than those required by this chapter and regulations established by the department. The department may issue licenses without further examination to applicants who have passed examinations of another state whose laws and regulations are equal to or greater than those required by this chapter and regulations established by the department. The evaluation of national or state accrediting boards for the purposes of this chapter shall be carried out by the department with assistance of representatives from the licensed groups. This section shall not apply to persons who have passed an examination by a national board or another state examination prior to the establishment of requirements that are equal to or exceed those of this chapter or the regulations of the department. The department may, however, make exceptions if individuals are otherwise qualified. (Amended by Stats. 2003, Ch. 319, Sec. 3. Effective January 1, 2004.)
  89. 1262.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Applicants for clinical laboratory or limited technologist licenses face limits on retaking the written exam after repeated failures.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1262.5. Notwithstanding Section 135, an applicant for a clinical laboratory or limited technologist license who fails to pass the written examination two times shall not be eligible to be reexamined a third time until at least one year has elapsed from the date of the second examination. An applicant who fails the third examination shall not be eligible to take the examination a fourth time until two years have elapsed from the date of the third examination. Thereafter, the examination may not be taken more frequently than once in two years. (Added by Stats. 1985, Ch. 805, Sec. 1.)
  90. 1263.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must license qualified trainees for certain clinical laboratory scientist tracks, and applicants must apply and meet the chapter’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1263. The department shall license as trainees those individuals desiring to train for either a clinical laboratory scientist’s license or a limited clinical laboratory scientist’s license, providing those individuals meet the academic requirements. No trainee license shall be issued unless the applicant has completed at least 90 semester hours or equivalent quarter hours of university or college work or the essential equivalent as determined by the department which must have included at least 23 semester hours or equivalent quarter hours of courses in the sciences as determined by regulations of the department. Applicants who have completed military training schools may be granted academic credit toward licensure by the department on the basis of recommendations made by the American Council on Education. Applicants shall apply for the license on forms provided by the department and meet the requirements of this chapter and any standards as are established by regulations of the department. (Amended by Stats. 1995, Ch. 510, Sec. 28. Effective January 1, 1996.)
  91. 1264.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue certain clinical laboratory licenses to applicants who meet the listed education, certification, application, training, and examination requirements, and it may also issue some licenses without examination in limited cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1264. (a) (1) The department shall issue a clinical chemist, clinical microbiologist, clinical toxicologist, clinical genetic molecular biologist, clinical laboratory geneticist, clinical reproductive biologist, or clinical cytogeneticist license to each person who has applied for the license on forms provided by the department, who is a lawful holder of a master of science or doctoral degree in the specialty for which the applicant is seeking a license, and who has met the additional reasonable qualifications of training, education, and experience as the department may establish by regulations. (2) The department shall issue a clinical reproductive biologist license to an applicant for licensure who has applied for the license on forms provided by the department, who holds a master of science degree in a chemical, physical, or biological science or clinical laboratory science, who was board certified as a Reproductive Biology Laboratory Director, Andrology Laboratory Director, Embryology Laboratory Director, or High-Complexity Clinical Laboratory Director by the American Board of Bioanalysis before July 1, 2020, who has passed an oral and written examination conducted by the department or a committee designated by the department to conduct the examination, and who meets any additional and reasonable qualifications of training, education, and experience as the department may establish by regulations. (3) Prior to the adoption of implementing regulations and notwithstanding subdivision (c), the department shall issue a clinical reproductive biologist license to an applicant for licensure who meets each of the following: (A) Has applied for the license on forms provided by the department. (B) Holds a master of science in a chemical, physical, or biological science or clinical laboratory science, and was board certified as a Reproductive Biology Laboratory Director, Andrology Laboratory Director, Embryology Laboratory Director, or High-Complexity Clinical Laboratory Director by the American Board of Bioanalysis before July 1, 2020, or holds a doctoral degree in a chemical, physical, or biological science or clinical laboratory science and is board certified as a Reproductive Biology Laboratory Director, Embryology Laboratory Director, or High-Complexity Clinical Laboratory Director by the American Board of Bioanalysis or other certifying board in clinical reproductive biology, clinical andrology, or clinical embryology approved by the department. (C) Has passed an oral and written examination conducted by the department or a committee designated by the department to conduct the examination. (D) Meets the qualifications of training, education, and experience specified in subdivision (b). (4) Prior to the adoption of implementing regulations and notwithstanding subdivision (c), the department shall issue a clinical laboratory geneticist license to an applicant who meets each of the following: (A) Has applied for the license on forms provided by the department. (B) Holds a doctoral degree in a chemical, physical, or biological science, clinical laboratory science, or a field related to genetics. (C) Is certified as a diplomate in laboratory genetics and genomics or clinical biochemical genetics by the American Board of Medical Genetics and Genomics or other certifying board in the specialty of genetics approved by the department. (D) Has passed an oral and written examination conducted by the department or a committee designated by the department to conduct the examination. (E) Meets the qualifications of training, education, and experience specified in subdivision (b). (5) The department shall issue an oral and maxillofacial pathologist license to every applicant for licensure who has applied for the license on forms provided by the department, who is a registered Diplomate of the American Board of Oral and Maxillofacial Pathology, and who meets any additional and reasonable qualifications of training, education, and experience as the department may establish by regulation. (b) The graduate education shall have included 30 semester hours of coursework in the applicant’s specialty. Applicants possessing only a master of science degree shall have the equivalent of one year of full-time, directed study or training in procedures and principles involved in the development, modification, or evaluation of laboratory methods, including training in complex methods applicable to diagnostic laboratory work. Each applicant shall have had one year of training in their specialty in a clinical laboratory acceptable to the department and three years of experience in their specialty in a clinical laboratory, two years of which must have been at a supervisory level. The education shall have been obtained in one or more established and reputable institutions maintaining standards equivalent, as determined by the department, to those institutions accredited by an agency acceptable to the department. The department shall determine by oral and written examination conducted by the department, or a committee designated by the department, that the applicant is properly qualified. Examinations, training, or experience requirements for specialty licenses shall cover only the specialty concerned. (c) The department may issue licenses without examination to applicants who have passed examinations of other states or national accrediting boards whose requirements are equal to or greater than those required by this chapter and regulations established by the department. The evaluation of other state requirements or requirements of national accrediting boards shall be carried out by the department with the assistance of representatives from the licensed groups. This section does not apply to persons who have passed an examination by another state or national accrediting board before the establishment of requirements that are equal to or exceed those of this chapter or regulations of the department. (d) The department may issue licenses without examination to applicants who had met standards of education and training, defined by regulations, before the date of the adoption of implementing regulations. (e) The department shall adopt regulations to conform to this section. (Amended by Stats. 2022, Ch. 473, Sec. 9. (SB 1267) Effective January 1, 2023.)
  92. 1265.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Clinical laboratories doing moderate- or high-complexity CLIA testing must get a license, and laboratories doing waived or provider-performed microscopy testing must register; owners and directors must apply, notify the department of changes, and keep records.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1265. (a) (1) A clinical laboratory performing clinical laboratory tests or examinations classified as of moderate or of high complexity under CLIA shall obtain a clinical laboratory license pursuant to this chapter. The department shall issue a clinical laboratory license to any person who has applied for the license on forms provided by the department and who is found to be in compliance with this chapter and the regulations pertaining thereto. No clinical laboratory license shall be issued by the department unless the clinical laboratory and its personnel meet the CLIA requirements for laboratories performing tests or examinations classified as of moderate or high complexity, or both. (2) A clinical laboratory performing clinical laboratory tests or examinations subject to a certificate of waiver or a certificate of provider-performed microscopy under CLIA, shall register with the department. The department shall issue a clinical laboratory registration to any person who has applied for the registration on forms provided by the department and is found to be in compliance with this chapter, the regulations pertaining thereto, and the CLIA requirements for either a certificate of waiver or a certificate of provider-performed microscopy. (b) An application for a clinical laboratory license or registration shall include the name or names of the owner or the owners, the name or names of the laboratory director or directors, the name and location of the laboratory, a list of the clinical laboratory tests or examinations performed by the laboratory by name and total number of test procedures and examinations performed annually (excluding tests the laboratory may run for quality control, quality assurance, or proficiency testing purposes). The application shall also include a list of the tests and the test kits, methodologies, and laboratory equipment used, and the qualifications (educational background, training, and experience) of the personnel directing and supervising the laboratory and performing the laboratory examinations and test procedures, and any other relevant information as may be required by the department. If the laboratory is performing tests subject to a provider-performed microscopy certificate, the name of the provider or providers performing those tests shall be included on the application. Application shall be made by the owners of the laboratory and the laboratory directors prior to its opening. A license or registration to conduct a clinical laboratory if the owners are not the laboratory directors shall be issued jointly to the owners and the laboratory directors and the license or registration shall include any information as may be required by the department. The owners and laboratory directors shall be severally and jointly responsible to the department for the maintenance and conduct thereof or for any violations of this chapter and regulations pertaining thereto. (c) The department shall not issue a license or registration until it is satisfied that the clinical laboratory will be operated within the spirit and intent of this chapter, that the owners and laboratory directors are each of good moral character, and that the granting of the license will not be in conflict with the interests of public health. (d) A separate license or registration shall be obtained for each laboratory location, with the following exceptions: (1) Laboratories that are not at a fixed location, that is, laboratories that move from one testing site to another, such as mobile units providing laboratory testing, health screening fairs, or other temporary testing locations, may apply for and obtain one license or registration for the designated primary site or home base, using the address of that primary site. (2) Not-for-profit, or federal, state, or local government laboratories that engage in limited (not more than a combination of 15 moderately complex or waived tests, as defined under CLIA, per license) public health testing may apply for and obtain a single license or registration. (3) Laboratories within a hospital that are located at contiguous buildings on the same campus and under common direction, may file a single application or multiple applications for a license or registration of laboratory locations within the same campus or street address. (4) Locations within a single street and city address that are under common ownership may apply for and obtain a single license or registration or multiple licenses or registrations, at the discretion of the owner or owners. (e) (1) A license or registration shall be valid for one year unless revoked or suspended. A clinical laboratory license or registration shall be automatically revoked 30 days from a major change of laboratory directorship or ownership. The clinical laboratory shall be required to submit a completed application for a new clinical laboratory license or registration within those 30 days or cease engaging in clinical laboratory practice. (2) If a clinical laboratory intends to continue to engage in clinical laboratory practice during the 30 days after a major change in directorship occurs and before the laboratory license or registration is automatically revoked, the laboratory owner may appoint an interim director who meets the requirements of this chapter and CLIA. The interim director shall be appointed within five business days of the major change of the directorship. Written notice shall be provided to the department of the appointment of the laboratory director pursuant to this paragraph within five business days of the appointment. (f) If the department does not within 60 days after the date of receipt of the application issue a license or registration, it shall state the grounds and reasons for its refusal in writing, serving a copy upon the applicant by certified mail addressed to the applicant at their last known address. (g) The department shall be notified in writing by the laboratory owners or delegated representatives of the owners and the laboratory directors of any change in ownership, directorship, name, or location, including the addition or deletion of laboratory owners or laboratory directors within 30 days. However, notice of change in ownership shall be the responsibility of both the current and new owners. Laboratory owners and directors to whom the current license or registration is issued shall remain jointly and severally responsible to the department for the operation, maintenance, and conduct of the clinical laboratory and for any violations of this chapter or the regulations adopted thereunder, including any failure to provide the notifications required by this subdivision, until proper notice is received by the department. In addition, failure of the laboratory owners and directors to notify the department within 30 days of any change in laboratory directors, including any additions or deletions, shall result in the automatic revocation of the clinical laboratory’s license or registration. (h) The withdrawal of an application for a license or registration or for a renewal of a license, or registration, issuable under this chapter, shall not, after the application has been filed with the department, deprive the department of its authority to institute or continue a proceeding against the applicant for denial of the license, registration, or renewal upon any ground provided by law or to enter an order denying the license, registration, or renewal upon any such ground, unless the department consents in writing to the withdrawal. (i) The suspension, expiration, or forfeiture by operation of law of a license or registration issued under this chapter, or its suspension, forfeiture, or cancellation by order of the department or by order of a court of law, or its surrender without the written consent of the department, shall not deprive the department of its authority to institute or continue an action against a license or registration issued under this chapter or against the laboratory owner or laboratory director upon any ground provided by law or to enter an order suspending or revoking the license or registration issued under this chapter. (j) (1) Whenever a clinical laboratory ceases operations, the laboratory owners, or delegated representatives of the owners, and the laboratory directors shall notify the department of this fact, in writing, within 30 calendar days from the date a clinical laboratory ceases operation. For purposes of this subdivision, a laboratory ceases operations when it suspends the performance of all clinical laboratory tests or examinations for 30 calendar days at the location for which the clinical laboratory is licensed or registered. (2) (A) Notwithstanding any other provision of law, owners and laboratory directors of all clinical laboratories, including those laboratories that cease operations, shall preserve medical records and laboratory records, as defined in this section, for three years from the date of testing, examination, or purchase, unless a longer retention period is required pursuant to any other provision of law, and shall maintain an ability to provide those records when requested by the department or any duly authorized representative of the department. (B) For purposes of this subdivision, “medical records” means the test requisition or test authorization, or the patient’s chart or medical record, if used as the test requisition, the final and preliminary test or examination result, and the name of the person contacted if the laboratory test or examination result indicated an imminent life-threatening result or was of panic value. (C) For purposes of this subdivision, “laboratory records” means records showing compliance with CLIA and this chapter during a laboratory’s operation that are actual or true copies, either photocopies or electronically reproducible copies, of records for patient test management, quality control, quality assurance, and all invoices documenting the purchase or lease of laboratory equipment and test kits, reagents, or media. (D) Information contained in medical records and laboratory records shall be confidential, and shall be disclosed only to authorized persons in accordance with federal, state, and local laws. (3) The department or any person injured as a result of a laboratory’s abandonment or failure to retain records pursuant to this section may bring an action in a court of proper jurisdiction for any reasonable amount of damages suffered as a result thereof. (k) For purposes of this section, in the case of a pharmacy that applies for a registration pursuant to Section 1206.6, “laboratory director” means the pharmacist-in-charge identified pursuant to subdivision (a) of Section 1206.6. (l) For the purposes of this section, a location where digital materials, as defined in Section 1265.2, are accessed by pathologists through virtual private networks, or other secure method, and for which no additional laboratory equipment is required, shall be interpreted as an extension of a primary site’s CLIA certificate and that remote location shall not require a separate license or registration, consistent with the interpretation of CLIA regulations by the federal Centers for Medicare and Medicaid Services guidelines, and as may be amended or updated from time to time. (Amended by Stats. 2024, Ch. 699, Sec. 2. (AB 2107) Effective January 1, 2025.)
  93. 1265.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    A primary care clinic applying for clinic licensure may also apply for clinical laboratory licensure or registration before or at the same time.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1265.1. (a) A primary care clinic that submits an application to the State Department of Public Health for clinic licensure pursuant to subdivision (a) of Section 1204 of the Health and Safety Code may submit prior to that submission, or concurrent therewith, an application for licensure or registration of a clinical laboratory to be operated by the clinic. (b) An application for licensure of a clinical laboratory submitted pursuant to this section shall be subject to all applicable laboratory licensing laws and regulations, including, but not limited to, any statutory or regulatory timelines and processes for review of a clinical laboratory application. (Amended by Stats. 2008, Ch. 179, Sec. 5. Effective January 1, 2009.)
  94. 1265.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    A pathologist at a licensed primary laboratory site may review digital materials remotely under the primary site’s CLIA certificate if the section’s operative condition is met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1265.2. (a) For purposes of this section, “digital materials” means digital laboratory data, digital results, and digital images that do not require a microscope or other equipment essential to a separate laboratory. (b) A pathologist who is performing pathology services at a primary laboratory site licensed by the state may review digital materials at a remote location under a primary site’s CLIA certificate pursuant to subdivision (l) of Section 1265. (c) This section shall become operative if the department determines, pursuant to Section 1265.3, that this section conforms to the federal Clinical Laboratory Improvement Amendments of 1988 as amended by Section 353 of the federal Public Health Service Act. (Added by Stats. 2024, Ch. 699, Sec. 3. (AB 2107) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.)
  95. 1265.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must consult with CMS by June 30, 2025, make a conformity determination by January 1, 2026, and, if it finds conformity, send that finding in a letter to the Legislature and the Legislative Counsel Bureau.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1265.3. (a) On or before June 30, 2025, the department shall consult with the federal Centers for Medicare and Medicaid Services for the purpose described in subdivision (b). (b) (1) On or before January 1, 2026, the department, in consultation with the federal Centers for Medicare and Medicaid Services, shall make a determination whether Section 1265.2 conforms to the federal Clinical Laboratory Improvement Amendments of 1988 as amended by Section 353 of the federal Public Health Service Act. (2) If the department determines Section 1265.2 conforms to the federal Clinical Laboratory Improvement Amendments of 1988 as amended by Section 353 of the federal Public Health Service Act, it shall communicate this finding in a letter to the Legislature and to the Legislative Counsel Bureau. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 699, Sec. 4. (AB 2107) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)
  96. 12655.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6.5. Unit Pricing [12655 - 12656] ( Chapter 6.5 added by Stats. 1977, Ch. 380. )

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    The Legislature intends to encourage unit pricing for specified retail goods and says unit pricing helps consumers compare prices and values.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6.5. Unit Pricing [12655 - 12656] ( Chapter 6.5 added by Stats. 1977, Ch. 380. ) ## 12655. It is the intent of the Legislature to encourage the unit pricing of all canned, bottled, and packaged foods, packaged produce, and bakery goods; paper, plastic, wood, and metal products packaged in counts greater than 10; rolled paper, plastic, and metal products; canned, bottled, and packaged domestic, laundry and household cleansing, finishing, waxing, and polishing products; drug and first aid products canned, packaged, or bottled in counts greater than 10; and frozen fruits and vegetables, offered by merchants in their places of business for sale at retail to the public. The Legislature finds that unit pricing, the price per ounce, per pound, per gallon, or the metric equivalent thereof, or per 100 square feet, or per 100 count, for which those items are offered for sale at retail, effectively informs the consumer of the comparative prices and values of commodities, and is thus useful for the formulation of intelligent consumer choices. Reconstituted fluid ounce is the preferred unit of measure for unit pricing of powdered and concentrated infant formula. (Amended by Stats. 1994, Ch. 1157, Sec. 1. Effective January 1, 1995.)
  97. 12656.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6.5. Unit Pricing [12655 - 12656] ( Chapter 6.5 added by Stats. 1977, Ch. 380. )

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    The department must adopt a standardized unit-pricing format, and retailers can get it on request.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 6.5. Unit Pricing [12655 - 12656] ( Chapter 6.5 added by Stats. 1977, Ch. 380. ) ## 12656. The department, in cooperation with the retail food industry, shall adopt a standardized format for unit pricing that shall be available to a retailer upon request. The format shall include, but not be limited to, an identification of the item, including the brand name, the total price of the item, the volume, weight, or number of units of which the item is composed, and the price per unit. For infant formula, unit price information may be expressed based on the reconstituted volume. (Amended by Stats. 1994, Ch. 1157, Sec. 2. Effective January 1, 1995.)
  98. 1266.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The clinical laboratory license and each test performer’s license or current renewal permit must be posted conspicuously in the laboratory.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1266. The clinical laboratory license and the license or current renewal permit of each person performing tests shall be conspicuously posted in the clinical laboratory. (Amended by Stats. 1970, Ch. 1377.)
  99. 1267.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    License denials, suspensions, and revocations under this chapter must comply with Health and Safety Code Section 100171.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1267. Any denial, suspension, or revocation of a license under this chapter shall be conducted in compliance with Section 100171 of the Health and Safety Code. (Amended by Stats. 1997, Ch. 220, Sec. 5. Effective August 4, 1997.)
  100. 1268.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must issue a duplicate license to a duly licensed person when an application is filed, required information is provided, and the license fee is paid; if the person has changed their name, it may issue a replacement license instead.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1268. Upon filing application therefor, containing such information as the department may require, and the payment of the license fee, the department shall issue to any person duly licensed under this chapter a duplicate license for one previously issued or, where there has been a change of name, another license in lieu of one previously issued. (Amended by Stats. 1970, Ch. 1377.)
  101. 1269.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Unlicensed laboratory personnel may do certain lab tasks only under required supervision and training, and they are barred from specific test-result and testing activities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1269. (a) Unlicensed laboratory personnel may perform any of the activities identified in subdivision (b), in a licensed clinical laboratory, under the direct and constant supervision of a physician and surgeon, or a person licensed under this chapter other than a trainee, upon meeting all of the following criteria: (1) Have earned a high school diploma, or its equivalent, as determined by HCFA under CLIA. (2) Have documentation of training appropriate to ensure that the individual has all of the following skills and abilities: (A) The skills required for proper specimen collection, including patient preparation, labeling, handling, preservation or fixation, processing or preparation, and transportation and storage of specimens. (B) The skills required for assisting a licensed physician and surgeon or personnel licensed under this chapter, other than trainees, in a licensed clinical laboratory. (C) The skills required for performing preventive maintenance, and troubleshooting. (D) A working knowledge of reagent stability and storage. (E) The skills required for assisting in the performance of quality control procedures, and an understanding of the quality control policies of the laboratory. (F) An awareness of the factors that influence test results. (b) The activities that may be performed are: (1) Biological specimen collection, including patient preparation, labeling, handling, preservation or fixation, processing or preparation, and transportation and storage of specimens. (2) Assisting a licensed physician and surgeon or personnel licensed under this chapter, other than trainees, in a licensed clinical laboratory. (3) Assisting in preventive maintenance, and troubleshooting. (4) Preparation and storage of reagents and culture media. (5) Assisting in the performance of quality control procedures. (c) Notwithstanding subdivision (a), unlicensed laboratory personnel, other than a trainee, may, under the supervision and control of a physician and surgeon or person licensed under this chapter, perform specimen labeling, handling, preservation or fixation, processing or preparation, transportation, and storing if he or she meets the requirements of subparagraph (A) of paragraph (2) of, and paragraph (1) of, subdivision (a). (d) Unlicensed laboratory personnel shall not do any of the following: (1) Record test results, but he or she may transcribe results that have been previously recorded, either manually by a physician and surgeon or personnel licensed under this chapter, or automatically by a testing instrument. (2) Perform any test or part thereof that involves the quantitative measurement of the specimen or test reagent, or any mathematical calculation relative to determining the results or the validity of a test procedure. (3) Perform any phase of clinical laboratory tests or examinations in the specialty of immunohematology beyond initial collection and centrifugation. (e) When any of the following manual methods are employed, the activities of unlicensed laboratory personnel shall be limited as follows: (1) In the case of qualitative and semi-quantitative “spot, tablet, or stick” tests, the personnel may add the test reagent to the specimen or vice versa, but the results must be read by a physician and surgeon or person licensed under this chapter. (2) In the case of microbiological tests the unlicensed laboratory personnel may make primary inoculations of test material onto appropriate culture media, stain slide preparations for microscopic examination, and subculture from liquid media. (f) When any of the following mechanical or electronic instruments are employed, unlicensed laboratory personnel shall not perform any of the following activities: (1) Standardizing or calibrating the instrument or assessing its performance by monitoring results of appropriate standards and control. (2) Reading or recording test results, except that the personnel may transcribe results that have been previously recorded automatically by a testing instrument. (3) Quantitatively measuring any sample or reagents unless done automatically by the instrument in the course of its normal operation or by the use of previously calibrated and approved automatic syringes or other dispensers. (Amended by Stats. 1999, Ch. 695, Sec. 4. Effective January 1, 2000.)
  102. 1269.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    This section lets certain pathology personnel perform specified specimen and autopsy-related tasks if they meet stated certification, competency, and supervision requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1269.3. (a) Notwithstanding Sections 1206.5 and 1269, within the specialty of pathology, a person certified as a pathologists’ assistant by the American Association of Pathologists’ Assistants, the Board of Registry of the American Society for Clinical Pathology, or another national accrediting agency approved by the department, who demonstrates competency to perform all job duties and responsibilities before an assignment to those duties and responsibilities, at the completion of six months of performing those duties and responsibilities, and annually thereafter, may perform the following activities under the supervision and control of a pathologist: (1) Prepare human surgical specimens for gross description and dissection, including, but not limited to, description of gross features and selection of tissues for histological examination. (2) Prepare and perform human postmortem examinations, including, but not limited to, selection of tissues and fluids for further examination. (3) Gather other information necessary for an autopsy report. (4) Prepare a body for release. (b) Notwithstanding Section 1206.5 or subdivisions (b), (c), and (d) of Section 1269, the following persons may prepare human surgical specimens for gross description and dissection under the direct supervision of a qualified pathologist, including, description of gross features and selection of tissues for histological examination, if they meet the requirements specified in subdivision (a) of Section 1269 and the minimum education and training requirements for high complexity testing personnel under the CLIA: (1) A pathologists’ assistant who does not meet the certification requirements of subdivision (a). (2) A histologic technician. (3) A histotechnologist. (c) For the purposes of subdivision (b), direct supervision means that a qualified pathologist shall be physically present onsite in the vicinity of the clinical laboratory where the specialty of pathology is performed and shall be available for consultation and direction during the time the personnel specified in subdivision (b) are engaged in the processing of specimens that involve dissection. For tissue processing that does not involve dissection, a qualified pathologist may be available by telephone or other electronic means. (d) A histologic technician or histotechnologist who meets the requirements specified in subdivision (a) of Section 1269, may accession specimens, perform maintenance of equipment, stain, cover slip, label slides, and process tissues by embedding in paraffin or performing microtomy. (e) On and after January 1, 2011, the department may adopt regulations establishing additional qualification requirements to perform the duties described in this section. (Added by Stats. 2006, Ch. 319, Sec. 3. Effective January 1, 2007.)
  103. 1269.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department may deny, suspend, or revoke licenses, registrations, or certificates issued under this chapter if unlicensed laboratory personnel perform activity not authorized by Section 1269.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1269.5. The department may deny, suspend, or revoke any license, registration, or certificate issued under this chapter for performance by unlicensed laboratory personnel of any activity that is not authorized by Section 1269. (Added by Stats. 2000, Ch. 322, Sec. 3. Effective January 1, 2001.)
  104. 127.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The director may require reports from boards and similar agencies within the department when the director reasonably thinks they are needed.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 127. Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly constituted agency within the department as the director deems reasonably necessary on any phase of their operations. (Amended by Stats. 2019, Ch. 351, Sec. 30. (AB 496) Effective January 1, 2020.)
  105. 1270.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    A person generally must have a cytotechnologist license before performing cytological slide examinations, and the department can issue, renew, or in some cases withhold licenses under the section’s conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1270. (a) On and after January 1, 1991, no person may perform examinations of cytological slides without first obtaining a license as a cytotechnologist from the department, except that those persons employed by licensed clinical laboratories as cytotechnologists and certified as cytotechnologists by the department on or before January 1, 1991, shall be licensed by the department on or before January 1, 1993. Cytotechnologist licenses shall be issued and renewed by the department for periods of two years. This subdivision shall not apply to persons holding a valid, unrevoked, unsuspended physician’s and surgeon’s certificate issued pursuant to Chapter 5 (commencing with Section 2000). (b) The issuance of a cytotechnologist license shall be contingent upon the applicant’s satisfactory performance, as defined in regulation, in a competency testing program for cytotechnologists which may be administered by the department or by a competency testing service or program approved by the department. The competency testing program established pursuant to this section shall be periodically reviewed and revised by the department, if necessary, to ensure that the program is consistent with federal competency testing requirements issued under the federal Clinical Laboratory Improvement Amendments of 1988 (Public Law 100-578; 42 U.S.C. Sec. 263a, Section 353 of the Public Health Service Act). (c) Notwithstanding subdivision (b), the department may issue a temporary cytotechnologist license to a person who satisfies the requirements for admission to the examination unless the person has failed a previous examination for a cytotechnologist license. A temporary license issued by the department pursuant to this subdivision shall be valid for a period of time not exceeding 90 days after the date the department has adopted a competency testing program pursuant to subdivision (b). (d) The department may issue a cytotechnologist license without examination to an applicant who satisfies one of the following: (1) Passage of an examination of a national accrediting board whose requirements are equal to or greater than those required by this chapter or by regulations adopted pursuant to this chapter, as determined by the department. (2) Passage of an examination of another state in which the requirements imposed by laws and regulations regarding the examination are equal to or greater than those required by this chapter or by regulations adopted pursuant to this chapter, as determined by the department. This subdivision shall not apply to a person who has passed an examination of a national accrediting board or another state prior to that board’s or state’s establishment of requirements which are equal to or greater than those required by this chapter or by regulations adopted pursuant to this chapter, as determined by the department. The department may, however, make exceptions to the requirements of this subdivision in cases where the department determines that the applicant is otherwise qualified for licensure. (e) The department shall not issue any temporary cytotechnologist license pursuant to subdivision (c) or any cytotechnologist license without examination pursuant to subdivision (d) after the department adopts a competency testing program pursuant to subdivision (b). (f) (1) A licensed cytotechnologist may perform all tests and procedures pertaining to cytology, including, but not limited to, microscopic and nonmicroscopic methodologies and tests and procedures that utilize molecular or genetic methodologies, that are performed on cytologic specimens related to infectious disease or cancer diagnosis, under the overall operation and administration of a laboratory director, who shall be a qualified pathologist. As used in this paragraph, a “qualified pathologist” means a physician and surgeon who is certified or eligible for certification in clinical or anatomical pathology by the American Board of Pathology or the American Osteopathic Board of Pathology. (2) Any tests or procedures performed by a licensed cytotechnologist pursuant to this subdivision shall be performed in a licensed clinical laboratory certified in the subspecialty of diagnostic cytology. (Amended by Stats. 2015, Ch. 300, Sec. 1. (AB 599) Effective January 1, 2016.)
  106. 1270.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Cytotechnologist license renewal applications and fees must be filed with the department at least 30 days before expiration, or the license can expire automatically.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1270.5. (a) Notwithstanding Section 1301, an application for the renewal of, and payment of the renewal fees for, a cytotechnologist license shall be governed by this section. (b) Application for renewal of a cytotechnologist license, accompanied by the fee set forth in Section 1300, shall be filed with the department not less than 30 days prior to the expiration date. (c) If the renewal fee is not paid during the 30 days prior to the expiration date, the license shall automatically expire at midnight on the expiration date. However, a cytotechnologist who has failed to timely pay a renewal fee may have his or her license reinstated, without completing a competency testing program, provided that he or she mails to the department a written request for reinstatement postmarked no later than the 60th day after the expiration date of the license and a reinstatement fee equal to two times the annual renewal fee set forth in Section 1300. The license shall be reinstated on the date the request for reinstatement and fee are received by the department. If the request for reinstatement and fee are received prior to the expiration date of the license, there shall be no lapse in licensure. No cytotechnologist shall perform services for which a license or certification is required under this chapter during any period for which licensure or certification has lapsed. (Amended by Stats. 1990, Ch. 1019, Sec. 2.)
  107. 12700.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    This section defines a weighmaster as a person who, for hire or otherwise, weighs, measures, or counts a commodity and issues a statement or memorandum used for the commodity’s purchase, sale, or service charge.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12700. A weighmaster is any person who, for hire or otherwise, weighs, measures, or counts any commodity and issues a statement or memorandum of the weight, measure, or count which is used as the basis for either the purchase or sale of that commodity or charge for service. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  108. 12700.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster does not have to provide weighing services to the public, and may decide whether to do weighing for hire.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12700.5. (a) A weighmaster is not required to provide weighing services to the general public. (b) Weighing for hire is at the discretion of the weighmaster. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  109. 12701.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    This section says many listed people and businesses are not weighmasters, including several retail, transport, agricultural, recycling, and waste-related actors.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12701. The following persons are not weighmasters: (a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers. (b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based. (c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds. (d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed. (e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets. (f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors. (g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments. (h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code. (i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling. (j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code. (k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic. (l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987. (m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively. (n) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the State Department of Public Health in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). (o) This section shall become operative on January 1, 2018. (Amended by Stats. 2017, Ch. 573, Sec. 61. (SB 800) Effective January 1, 2018.)
  110. 12702.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    In this section, the term “Weighmaster” also includes a deputy weighmaster.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12702. “Weighmaster,” when used without qualification, includes a deputy weighmaster. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  111. 12703.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    People may not do the Section 12700 activities unless they are licensed as a weighmaster and have paid the current license fee and any penalty; weighmasters must send deputy weighmaster names to the department with the required fees.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12703. Except as provided in Section 12701, no person shall perform any acts described in Section 12700, unless licensed as a weighmaster pursuant to this chapter and unless the current license fee and any penalty has been paid. The weighmaster shall forward to the department the name or names of deputy weighmasters with the appropriate fees required by Section 12704. (Amended by Stats. 1992, Ch. 297, Sec. 2. Effective January 1, 1993.)
  112. 12703.1.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    If a license applicant is a recycler or junk dealer, the department requires specific application information, issues the license only after receiving a complete application and fee, and must investigate the application within set deadlines.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12703.1. (a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter: (1) A copy of the applicant’s current business license. (2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit. (3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5. (4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section. (5) The name or names of any deputy weighmasters. (b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee. (c) (1) The department shall make a thorough investigation of all the information contained in the application required by subdivision (a) within 90 days for a new license, and within one calendar year for a renewal of a license. (2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision. (3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section. (e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8. (f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date. (Amended by Stats. 2023, Ch. 723, Sec. 33. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  113. 12705.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    If a licensed weighmaster’s legal entity changes, the new legal entity must get a weighmaster license before operating.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12705. Any change in the legal entity of a licensed weighmaster requires the new legal entity to obtain a weighmaster license before operating as a weighmaster. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  114. 12706.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    The secretary may set or change license expiration dates for weighmasters and may set a license year of 1 to 11 months; if the license year is under 12 months, the license fee is reduced by one-twelfth of the annual fee for each month under 12 months.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12706. (a) The secretary may assign or reassign dates for the expiration of licenses for any weighmaster. (b) The secretary may establish a license year for any weighmaster consisting of any period from one month to 11 months, inclusive, with subsequent renewals being required at yearly intervals thereafter. (c) Whenever the license year is less than 12 months by reason of the assignment or reassignment of the expiration date by the secretary, the license fee as designated in Section 12704 shall be decreased by one-twelfth of the annual fee for each month of the period less than 12 months. (Amended by Stats. 2012, Ch. 661, Sec. 43. (SB 1576) Effective January 1, 2013.)
  115. 12707.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Licenses under this chapter must be renewed each year by filing with the secretary and paying the annual fee.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12707. Each license required by this chapter shall be renewed annually, on or before the first day of the first month of the licensee’s license year, by application to the secretary, accompanied by the annual license fee. An application and annual license fee sent by mail is not overdue if postmarked not later than the fifth day of the month in which it is due. To any fee not paid when due, there shall be added a penalty equal to 30 percent of the amount of the license fee, if it is paid within 30 days of becoming due. The penalty for a renewal fee more than 30 days after becoming due shall be 100 percent of the amount of the license fee. However, no penalty shall be applicable to the renewal of deputy weighmaster licenses. (Amended by Stats. 2017, Ch. 573, Sec. 62. (SB 800) Effective January 1, 2018.)
  116. 12708.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    The secretary may refuse, renew, revoke, or suspend a weighmaster license under stated hearing and qualification conditions.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12708. The secretary may refuse to grant any license provided for by this chapter, or may refuse to renew any license, and may revoke or suspend any license when, after a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the secretary is satisfied that the applicant or licensee is not qualified to capably or reliably perform the duties of a weighmaster or has otherwise been found guilty of a misdemeanor as provided in this chapter. (Amended by Stats. 2012, Ch. 661, Sec. 44. (SB 1576) Effective January 1, 2013.)
  117. 1271.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    This section limits how many gynecologic slides a cytotechnologist may examine in 24 hours and imposes recordkeeping, retention, rescreening, and laboratory-location rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1271. (a) A cytotechnologist shall not examine more than 80 gynecologic slides in a 24-hour period when performing a manual review of slides. (b) The maximum workload limit in subdivision (a) is the maximum number of gynecologic slides that a cytotechnologist shall examine in a 24-hour period without regard to the number of clinical laboratories or other persons for which the work is performed. Cytotechnologists, who examine both gynecologic and nongynecologic slides, shall do so on a pro rata basis so that the maximum workload limit in subdivision (a) is not exceeded, and so that the number of gynecologic slides examined is reduced proportionally if both gynecologic and nongynecologic slides are examined in a 24-hour period. (c) The maximum workload limit in subdivision (a) is for a cytotechnologist who has no duties other than the evaluation of gynecological slides. Cytotechnologists who have other duties, including, but not limited to, the preparation and staining of cytologic slides, shall decrease on a pro rata basis the number of slides examined. (d) All cytologic slides shall be examined in a clinical laboratory that has been licensed by the department, or in a municipal or county laboratory established under Section 101150 of the Health and Safety Code. All slides examined under the name of a clinical laboratory shall be examined on the premises of that laboratory. (e) Each clinical laboratory shall maintain records of the number of cases and slides for gynecologic and nongynecologic samples examined on a monthly and annual basis. (f) Each cytotechnologist shall maintain current records in a form prescribed by the department of hours worked and the names and addresses of the clinical laboratories or other persons for whom slides are examined. (g) Each clinical laboratory shall retain all cytology slides and cell blocks examined for a minimum of five years and all cytology reports for a minimum of 10 years. (h) The presence of any factor that would prohibit the proper examination of a cytologic slide, including, but not limited to, damaged slides or inadequate specimens, as determined by the director of the laboratory, shall result in the issuance of a statement of inadequacy to the referring physician and no report of cytologic findings shall be issued on that slide. (i) Each clinical laboratory shall maintain records of the number of cases and slides for gynecologic and nongynecologic slides each cytotechnologist in the laboratory reads each 24-hour period, the number of hours devoted during each 24-hour period to screening cytology slides by each individual, and shall determine weekly and cumulatively the frequency of abnormal slides found by each cytotechnologist employed. (j) Ten percent of the negative or normal slides examined by each cytotechnologist employed by a clinical laboratory shall be rescreened at least weekly by a cytopathologist or supervising cytotechnologist other than the original examiner. (k) When reviewing gynecologic slides using automated or semiautomated screening devices approved by the federal Food and Drug Administration, a laboratory shall follow the workload requirements established by Section 493.1274 of Title 42 of the Code of Federal Regulations. (1) Any slide reviewed using automated or semiautomated screening devices approved by the federal Food and Drug Administration that requires full manual review shall be counted against the applicable limits established in subdivision (a) and this subdivision. (2) On or before June 30, 2007, the State Department of Health Services shall review published evidence-based peer review journal articles that review the performance of both automated and semiautomated screening devices, subsequent to the approval of the device by the federal Food and Drug Administration, and shall determine whether increasing the number of slides reviewed on a daily basis increases the rate of error. If the department determines that the volume of screening on these devices increases the rate of error, the department may issue new regulations in that regard that are consistent with Section 493.1274 of Title 42 of the Code of Federal Regulations. (l) The technical supervisor of an individual who performs primary screening shall establish the maximum workload limit for the individual, based on the individual’s performance, in accordance with the criteria set forth in Section 493.1274(d)(1) of Title 42 of the Code of Federal Regulations. (m) Where cytotechnologists are represented by a labor organization, the maximum workload limitations otherwise established pursuant to this section shall be contained in a collective bargaining agreement or memorandum of understanding negotiated between the employer and the labor organization. (Amended (as amended by Stats. 2004, Ch. 735, Sec. 1) by Stats. 2007, Ch. 198, Sec. 1. Effective January 1, 2008.)
  118. 1271.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Licensed clinical laboratories that provide cytology services must preserve specified records and materials if they stop operating. Injured persons may sue for damages, including against certain officers if the laboratory was dissolved.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1271.1. (a) Clinical laboratories which are licensed pursuant to this chapter and provide cytology services shall, if the licensee ceases operation, preserve records, reports, cytology slides, and cell blocks as prescribed in subdivision (g) of Section 1271 and Section 1274. (b) Any person injured as a result of the licensee’s abandonment of records may bring an action in any court of competent jurisdiction for the amount of any damages suffered as a result. In the event the licensee was a corporation or partnership which has been dissolved, the person injured may bring an action against that corporation’s or partnership’s principal officers of record at the time of the dissolution. (c) For purposes of this section, the following definitions shall apply: (1) “Abandonment of records” means violating subdivision (a) and thereby leaving patients and physicians and surgeons without access to information to which they are entitled pursuant to this chapter. (2) “Principal officers” means: (A) In the case of a partnership other than a limited partnership, any partner. (B) In the case of a limited partnership, any general partner, as defined in subdivision (i) of Section 15611 of the Corporations Code. (C) In the case of a corporation, the chairperson of the board, the chief executive officer, and the president of the corporation. (Added by Stats. 1991, Ch. 243, Sec. 2. Effective July 29, 1991.)
  119. 12710.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster may appoint a deputy weighmaster and remains responsible for that person's acts.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12710. A weighmaster may employ or designate any person to act for the weighmaster as a deputy weighmaster and shall be responsible for all acts performed by that person. (Amended by Stats. 1992, Ch. 297, Sec. 3. Effective January 1, 1993.)
  120. 12710.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Weighmasters may replace deputies or add more deputies, but they must notify the department and pay any required fees.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12710.5. (a) At any time during the license year, any weighmaster may replace deputies without payment of additional fees by forwarding to the department the name of any replacement deputy and replaced deputy. (b) Any weighmaster who does not furnish to the department a deputy name as required by this section is guilty of an infraction, and, upon conviction, may be punished by a fine of not more than one hundred dollars ($100). (c) A weighmaster may increase the original number of deputies by submitting a new application accompanied by appropriate fees, for the additional number of deputy licenses requested, which shall expire on the date stated on the weighmaster license. (Added by Stats. 1989, Ch. 818, Sec. 4.)
  121. 12711.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster must issue a weighmaster certificate when payment depends on a written or printed weight, measure, or count.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12711. A weighmaster shall issue a weighmaster certificate whenever payment for the commodity or service represented is dependent on a written or printed weight, measure, or count. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  122. 12712.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster may sign and issue a certificate even if another weighmaster determined the weight, measure, or count, if the listed conditions are met. A weighmaster may also transfer a recorded weight, measure, or count to another certificate if the original certificate number and issuing weighmaster’s name appear on the second certificate.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12712. (a) A weighmaster certificate may be signed and issued by a weighmaster other than the weighmaster actually determining the weight, measure, or count of any commodity, if both of the following conditions are met: (1) The weighmaster issuing the certificate does so based on information received from the weighmaster who actually determined the weight, measure, or count and both are on the same principal license. (2) The records and worksheets, signed by the weighmaster who actually weighed, measured, or counted the commodity, are maintained as a part of the weighmaster’s records in a manner so as to ensure their identity with the certificate issued. (b) A weighmaster may transfer a weight, measure, or count appearing on a weighmaster certificate to another weighmaster certificate, if the original certificate number and name of the issuing weighmaster appear on the second certificate. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  123. 12713.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster must make sure issued weighmaster certificates are complete and include all required information, and it is unlawful to issue or cause issuance of an incomplete certificate.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12713. (a) A weighmaster is responsible for ensuring that the weighmaster certificates issued by him or her, or a deputy acting for him or her, are complete and contain all the information required by Sections 12714, 12714.5, and 12715 that is applicable to each transaction. (b) It is unlawful to issue, or cause to be issued, a weighmaster certificate if the certificate does not contain all the information required by Sections 12714, 12714.5, and 12715 for the commodity weighed, measured, or counted. The issuance of a receipt showing the weight, measure, or count of fish, mollusks, or crustaceans pursuant to Article 6 (commencing with Section 8010) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code constitutes the issuance of a weighmaster certificate under this chapter when issued by a person who is a weighmaster pursuant to Section 12700. (Amended by Stats. 1986, Ch. 405, Sec. 1.)
  124. 12714.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Weighmaster certificates and copies must show a specified legend, and they must also show the printed name of the principal weighmaster as it appears on the license.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12714. (a) There shall appear in an appropriate and conspicuous place on each certificate, and all copies thereof, the following legend: WEIGHMASTER CERTIFICATE THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is on this certificate, who is a recognized authority of accuracy, as prescribed by Chapter 7 (commencing with Section 12700) of Division 5 of the California Business and Professions Code, administered by the Division of Measurement Standards of the California Department of Food and Agriculture. (b) There shall also appear on each certificate, and all copies thereof, the printed name of the principal weighmaster as it appears on the license. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  125. 12714.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Certificate information must be clear and legible, and each certificate must be numbered consecutively.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12714.5. All information contained on the certificate shall be clear and legible. Each certificate shall be numbered consecutively. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  126. 12715.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

    Verify source ↗

    A weighmaster certificate must include specified transaction details, such as date, location, signature, commodity description, quantities, parties, weights, vehicle identification, and unit of measure, as applicable.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12715. Each certificate shall provide for the following information as applicable to the transaction: (a) The date on which the weight, measure, or count was determined. (b) The street address or location description and the city or township where the weighing, measuring, or counting occurred. (c) The complete signature of the weighmaster who determined each weight, measure, or count. The name of a weighmaster may be imprinted electronically on the weighmaster certificate in lieu of a handwritten signature, if the electronically imprinted name is that of the weighmaster who weighed, measured, or counted the commodity or that of another weighmaster pursuant to Section 12712. (d) The kind of commodity and any other information that may be necessary to identify the product or distinguish it from a similar commodity. (e) The number of units of the commodity. If not personally determined by a weighmaster, the certificate shall contain the words “driver’s count” or “loader’s count,” as appropriate, after the number of commodity units. The abbreviation “D.C.” or “L.C.” may be used in lieu of the complete words. (f) The name of the owner, or his or her agent, and the consignee. If the transaction involves hay or hay products, the name and address of the grower, and his or her agent, as provided by the driver of the vehicle. (g) At least one of the following: (1) The gross weight of the commodity and the vehicle or container, if only the gross weight was determined. (2) The tare weight of the unladen vehicle or container, if only the tare weight was determined. (3) The gross, tare, and net weights when a gross and tare are used in determining the net weight. (4) The true net weight, measure, or count when no gross and tare weights are involved in determining the net quantity of the product. (h) The tare weights, and the code identification or description of boxes, bins, pallets, or other containers. (i) The correct identification of the vehicle, combination of vehicles, or other means by which the commodity was delivered. If an equipment number is used to identify a vehicle or combination of vehicles, there shall be traceability to the registered vehicle license numbers through the weighmaster’s records. (j) The unit of measure, such as pounds, tons, gallons, kilograms, or cubic yards, used to identify the quantity. (Amended by Stats. 1992, Ch. 203, Sec. 1. Effective January 1, 1993.)
  127. 12716.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Weighmasters must keep specified records for four years, and those records must be open for inspection by the secretary.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12716. All weighmasters shall keep and preserve, as records, for a period of four years, all copies of voided certificates, records, and worksheets required by this chapter and true copies of all weighmaster certificates issued. These records shall, at all times, be open for inspection by the secretary. (Amended by Stats. 2017, Ch. 573, Sec. 63. (SB 800) Effective January 1, 2018.)
  128. 12716.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    If a certificate is found to contain a weight, measure, or count error after it has been issued, it must be corrected by issuing a correction certificate to everyone who received the original certificate.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12716.5. A certificate on which a weight, measure, or count error is discovered after issuance shall be corrected by issuing a correction certificate to all parties who were issued the original certificate. The word “INCORRECT” shall be written across the face of the original certificate. The original certificate number and reason for the correction shall be recorded on the correction certificate. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  129. 12717.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster’s measuring, weighing, or counting device must be approved, tested, and sealed if the secretary has adopted specifications and tolerances for it.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12717. Any weighing, measuring, or counting instrument or device, as defined in Section 12500, which is used by a weighmaster and for which specifications and tolerances have been adopted by the secretary, shall be approved, tested, and sealed in accordance with this division. (Amended by Stats. 2017, Ch. 573, Sec. 64. (SB 800) Effective January 1, 2018.)
  130. 12718.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    This section makes it a misdemeanor for any person to commit certain weighmaster-related fraud or certificate offenses.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12718. Any person who does any of the following acts is guilty of a misdemeanor: (a) Requests any person to weigh, measure, or count any commodity falsely or incorrectly. (b) Requests a false or incorrect weighmaster certificate. (c) Furnishes or gives false information to a weighmaster for use in the completion of a weighmaster certificate. (d) Knowingly presents for payment a false weighmaster certificate. (e) Knowingly issues a weighmaster certificate giving thereon a false weight, measure, or count. (f) Alters a weighmaster certificate resulting in giving thereon a false weight, measure, or count. (g) Possesses unfilled or unused weighmaster certificate forms, if he or she is not a weighmaster. (h) Issues a weighmaster certificate that contains alterations or omissions of gross or tare weights, net only weights, or measurements. (Amended by Stats. 1992, Ch. 297, Sec. 4. Effective January 1, 1993.)
  131. 12718.5.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Subdivision (g) of Section 12718 does not apply to people who print, distribute, or sell weighmaster certificate forms, or to people who possess or transport certain combination grade and weight certificates for use by specified employees.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12718.5. Subdivision (g) of Section 12718 does not apply to any of the following: (a) Persons engaged in the business of printing, distributing, or selling weighmaster certificate forms. (b) Persons possessing or transporting combination grade and weight certificates to be used by employees of marketing order boards or grading inspection services of either the department or the United States Department of Agriculture. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  132. 12719.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    If a weighmaster certificate records a vehicle, container, or pallet’s weight or measure and net contents, no one may remove part of or add to the net contents before delivery to the buyer or consignee unless a correct weighmaster certificate is obtained.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12719. When the weight or measure of a vehicle, container, or pallet and its net contents has been recorded on a weighmaster certificate, it is unlawful for any person to remove a part of, or add to, the net contents, before the contents are delivered to the buyer or consignee, unless a correct weighmaster certificate is obtained. (Added by Stats. 1984, Ch. 646, Sec. 4.)
  133. 1272.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    A clinical laboratory must participate in a state-approved proficiency testing program and show satisfactory performance in the laboratory specialties it performs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1272. A clinical laboratory shall participate in a state-approved proficiency testing program and demonstrate satisfactory performance in all of the laboratory specialities that include tests performed in the laboratory. Proficiency shall be tested in the following specialties: microbiology, serology, clinical chemistry, hematology, cytology, and immunohematology. (Added by Stats. 1989, Ch. 927, Sec. 7.)
  134. 1272.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must establish standards for cytology slide evaluation, slide adequacy reporting, a cytotechnologist competency program, and proficiency testing for clinical laboratories providing cytology services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1272.4. The department shall establish standards for the evaluation of cytologic slides, for reporting the adequacy of cytologic slides, for a cytotechnologist competency program, and for a proficiency testing program for clinical laboratories providing cytology services. (Added by Stats. 1989, Ch. 927, Sec. 8.)
  135. 1272.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    The department must develop or adopt a proficiency testing program for laboratories providing cytology services by January 1, 1992.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1272.6. The department shall, on or before January 1, 1992, develop or adopt a proficiency testing program for laboratories providing cytology services which may be administered by the department or by a proficiency testing service or program approved by the department. The proficiency program established pursuant to this section shall include announced and unannounced onsite proficiency testing, with that testing to take place, to the extent practicable, under normal working conditions. (Amended by Stats. 1990, Ch. 1019, Sec. 5.)
  136. 12720.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A person must not alter a vehicle’s tare weight after it has been recorded on a weighmaster certificate and before the commodity’s net weight is determined and recorded.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12720. When the tare weight of a vehicle or the weight of the vehicle and its contents have been recorded on a weighmaster certificate, it is unlawful for any person to alter the tare weight of the vehicle prior to the time that the net weight of the commodity has been determined and recorded on the certificate. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  137. 12721.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

    Verify source ↗

    Unless this chapter says otherwise, the vehicle, container, pallet, or commodity being certified must actually be weighed, measured, or counted when each certification is made.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12721. Except as otherwise provided in this chapter, the vehicle, container, pallet, or commodity for which the weight, measure, or count is being certified shall actually be weighed, measured, or counted at the time of, and for the purpose of, each certification. (Amended by Stats. 1986, Ch. 405, Sec. 4.)
  138. 12722.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

    Verify source ↗

    Weighmasters may use previously determined or predetermined tare weights in the stated situations, and the responsible party must keep the tare weight within prescribed limits.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12722. (a) In accordance with this chapter and regulations adopted by the secretary, any weighmaster may use a tare weight for a vehicle, container, or pallet that has been previously determined by a weighmaster. It is the responsibility of the party for whom the tare weight was established to maintain the tare weight within the variations prescribed by the secretary. (b) Any weighmaster weighing any vehicle moving earth, stone, rock, sand, gravel, or asphalt paving material may use a predetermined tare weight. The issuance of predetermined tare weights are exempt from the provisions of Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations. It is the responsibility of the party for whom the tare weight was established to maintain the actual weight so that the actual tare weight of the vehicle shall at no time exceed the recorded tare weight. (Amended by Stats. 2017, Ch. 573, Sec. 65. (SB 800) Effective January 1, 2018.)
  139. 12723.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

    Verify source ↗

    The secretary must adopt regulations for establishing vehicle, container, and pallet tares.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12723. The secretary shall adopt regulations for the establishment of vehicle, container, and pallet tares, including, but not limited to, the adoption of conditions of use, certificate requirements, sample size, allowable variations, and procedure to be used to verify common tares. (Amended by Stats. 2012, Ch. 661, Sec. 46. (SB 1576) Effective January 1, 2013.)
  140. 12724.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster certifying a vehicle must normally determine both gross and tare weights with everyone off the scale and vehicle, unless both weights are determined without leaving the weighing location.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12724. (a) Except as provided in this section, a weighmaster weighing a vehicle for certification shall determine both gross and tare weights with all persons off the scale and vehicle, unless both the gross and tare weights are determined without leaving the weighing location. (b) Predetermined tares for vehicles moving earth, stone, rock, sand, gravel, and asphalt paving material may be determined with the driver in the vehicle, if the gross weight is determined in the same manner and the weighmaster indicates on the weighmaster certificate that the driver was on the vehicle for both gross and tare weight. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  141. 12725.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster must not certify a vehicle’s gross weight when the listed conditions are met, unless a special permit for greater gross weight has been issued.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12725. A weighmaster shall not certify to the gross weight of a vehicle if all of the following conditions prevail: (a) The scale is located at the site where the vehicle is loaded. (b) The vehicle is weighed before entering a highway. (c) The vehicle’s gross weight exceeds 80,000 pounds, or exceeds 82,000 pounds if the vehicle is a near-zero-emission or zero-emission vehicle as defined in subdivisions (c) and (d) of Section 44258 of the Health and Safety Code, unless a special permit authorizing a greater gross weight for the vehicle has been issued pursuant to Section 35780 of the Vehicle Code. (Amended by Stats. 2018, Ch. 580, Sec. 2. (AB 2061) Effective January 1, 2019.)
  142. 12726.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A person with a financial interest may ask the department to verify a disputed weight, measure, or count after paying the verification cost up front; if the discrepancy is due to fraud, carelessness, or faulty apparatus, the weighmaster who issued the incorrect certificate must pay that cost.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12726. (a) If doubt or differences arise as to the accuracy of the weight, measure, or count of any amount or part of any commodity, unladen vehicle, or container for which a weighmaster certificate has been issued, a person having a financial interest may, upon complaint to the department, have the amount, or part thereof, verified by the department or a weighmaster designated by it, upon depositing a sufficient sum of money with the department to defray the actual cost of the verification. (b) If, when verified, a difference from the original certified weight, measure, or count is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of the verification shall be borne by the weighmaster responsible for the issuance of the erroneous certificate. (Amended by Stats. 1992, Ch. 297, Sec. 5. Effective January 1, 1993.)
  143. 12727.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    The secretary may require a vehicle to go to the nearest vehicle scale for weight verification.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12727. The secretary may, at any time, require a vehicle to proceed to the nearest vehicle scale for the purpose of weight verification. (Amended by Stats. 2012, Ch. 661, Sec. 47. (SB 1576) Effective January 1, 2013.)
  144. 12728.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster may not certify-weigh a vehicle or vehicle combination unless all of it is on the scale, and a combination that will not fit at once must be disconnected and weighed separately.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12728. (a) No weighmaster shall weigh a vehicle, or combination of vehicles, for certification, when part of the vehicle, or connected combination, is not resting on the scale. (b) When weighing a combination of vehicles that will not rest on the scale platform at one time, the combination shall be disconnected and weighed separately. The weights so taken may be combined for the purpose of issuing a single certificate. (c) This section does not prohibit weighing of vehicles to determine compliance with the Vehicle Code. (d) This section does not apply to any of the following: (1) The weighing of seed cotton for purposes of ginning when the weights are obtained by weighing trailers not equipped with braking systems and are not used for the sale of the seed cotton. (2) Multiple draft or in-motion weighing operations that comply with the regulations adopted pursuant to Section 12107. (3) A combination of multiple railcars that contain grain or grain products if the consignor and the consignee to the transaction agree in writing to a multiple draft weighing operation. (Amended by Stats. 1997, Ch. 233, Sec. 1. Effective January 1, 1998.)
  145. 12729.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    This section makes violations of the chapter a misdemeanor, with some specified violations treated as infractions and subject to fines.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12729. (a) Except as otherwise provided in this section, any person who violates any provision of this chapter is guilty of a misdemeanor. (b) Violations of Sections 12714, 12714.5, and 12715 are infractions, except as otherwise provided in Section 12718. Every person convicted of an infraction pursuant to this subdivision shall be punished as follows: (1) For the first conviction, a fine not exceeding one hundred dollars ($100). (2) For a second conviction within a period of one year, a fine not exceeding two hundred dollars ($200). (3) For a third or subsequent conviction within a period of one year, a fine not exceeding five hundred dollars ($500). (c) A violation of Section 12722 by a vehicle hauling bulk tomatoes is an infraction. Every person convicted of an infraction pursuant to this subdivision shall be punished as follows: (1) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by less than 50 percent, a fine not exceeding two hundred dollars ($200). (2) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by 50 to 100 percent, inclusive, a fine not exceeding four hundred dollars ($400). (3) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by more than 100 percent, a fine not exceeding eight hundred dollars ($800). (Amended (as amended by Stats. 1990, Ch. 529, Sec. 1) by Stats. 1993, Ch. 87, Sec. 1. Effective January 1, 1994.)
  146. 12730.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    This section generally requires a weighmaster to weigh certain farm products and issue weight certificates, with specific waivers and exceptions for some producers, nonprofit cooperatives, and tree nut handling.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12730. (a) Except as provided in subdivision (a) or (b) of Section 12701 or this section, farm products sold by bulk weight or delivered to a processing or conditioning establishment for processing, conditioning, or sale, shall be weighed by a weighmaster, and a weighmaster certificate of the weight shall be issued to the producer with a duplicate copy issued to the buyer, conditioner, or processor. (b) When the processing or conditioning charges or purchase is based on the bulk weight of the finished product, the finished product shall also be weighed by a weighmaster, and a second weighmaster certificate shall be issued to the producer with a duplicate copy issued to the buyer, conditioner, or processor. (c) A producer whose product is delivered, but is not sold, to a processor or conditioner for processing or conditioning, may waive, in writing, his or her right to have the product weighed when the processing or conditioning establishment is operated by a producer of farm products and the processing or conditioning is incidental to the production of farm products. As used in this subdivision, “incidental” means that the income derived from the processing or conditioning operation represents not more than 25 percent of the total income of the producer operating the processing or conditioning establishment. (d) This section does not apply to any nonprofit cooperative association that is organized and operating pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, except as to that portion of activities that involves the handling or dealing in any farm product of any nonmember of the nonprofit cooperative association. (e) Subdivision (a), as it applies to tree nuts delivered for processing or conditioning, does not apply to tree nut hullers and shellers, if there is a written contract which waives the producer’s right to have the unprocessed or unconditioned product weighed. Notwithstanding the waiver, the finished product shall be weighed by a weighmaster and a weighmaster certificate shall be issued to the grower, with a duplicate copy issued to the buyer, conditioner, or processor. (f) The term “farm products” includes all agricultural, horticultural, viticultural, and vegetable products of the soil, flaxseed, and cottonseed, but does not include timber, timber products, milk, and milk products. (Amended by Stats. 1994, Ch. 273, Sec. 1. Effective January 1, 1995.)
  147. 12731.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    When livestock is sold by weight at a covered sales yard, market, agency, or dealer, it must be weighed by a weighmaster and a weighmaster certificate must be given to the buyer and seller.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12731. (a) Notwithstanding any other provisions of this code, where livestock is sold on the basis of weight at a public sales yard, or by or at any livestock market, market agency, or dealer which is subject to the Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.), the livestock shall be weighed by a weighmaster, and a weighmaster certificate shall be issued to the buyer and seller. (b) The term “livestock” includes cattle, sheep, swine, horses, mules, and goats. (Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
  148. 12732.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Weighmaster certificates for adjusted loads must include specified weight and party information.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12732. In addition to the certificate requirements of Sections 12714, 12714.5, and 12715, all of the following information shall appear on weighmaster certificates issued when adjustments are made to the load and the weights are determined at other than the site where the vehicle was loaded: (a) The gross weight of the commodity and the vehicle at the time of the initial weighing. (b) The gross weight of the commodity and the vehicle after the adjustment. (c) The name and address of the seller and of either the purchaser or broker of the commodity as provided by the driver of the vehicle. (Amended by Stats. 1986, Ch. 405, Sec. 7.)
  149. 12733.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    Dealers, brokers, or commission merchants buying or selling scrap metal or salvage materials by weight or measure must have the quantity determined by a weighmaster and issue a weighmaster certificate to both seller and buyer, with settlement based on that quantity.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12733. In all cases where scrap metal and salvage materials are purchased or sold by dealers, brokers, or commission merchants on the basis of weight or measure, the quantity of the scrap metal and salvage material shall be determined by a weighmaster, and a weighmaster certificate shall be issued to the seller and buyer. Settlement for the materials shall be made on the quantity shown thereon. If the quantity indications are readily accessible and clearly readable to both the buyer and seller, at the time of determination, a weighmaster certificate is required to be issued only when requested by the buyer or seller. (Amended by Stats. 1989, Ch. 818, Sec. 8.)
  150. 12734.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    For certified squid, Pacific whiting, or anchovy, weight may be calculated from container volume by regulations set by the secretary, except when the fish are delivered for retorting or reducing.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12734. Notwithstanding any other provision of this division, the weight of squid, Pacific whiting, or anchovy, certified pursuant to this chapter, may be determined by computation based upon volumetric measurement of containers as prescribed by regulations adopted by the secretary. This section does not apply to squid, Pacific whiting, or anchovy delivered for the purpose of retorting or reducing. (Amended by Stats. 2017, Ch. 573, Sec. 66. (SB 800) Effective January 1, 2018.)
  151. 12735.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    The secretary may adopt rules and regulations that are reasonably necessary to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12735. The secretary may adopt any rules and regulations that are reasonably necessary for the purpose of carrying out this chapter. Adoption of these rules and regulations shall be in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2012, Ch. 661, Sec. 48. (SB 1576) Effective January 1, 2013.)
  152. 12737.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. )

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    A weighmaster may use an unattended weighing system for certain construction-material vehicles if the system complies with secretary-issued rules, and the weighmaster must pay specified license fees.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 7. Weighmasters [12700 - 12737] ( Chapter 7 repealed and added by Stats. 1984, Ch. 646, Sec. 4. ) ## 12737. (a) Any weighmaster weighing any vehicle moving construction materials, including, but not limited to, earth, stone, rock, sand, gravel, limestone, ready mixed concrete, cementitious materials, recycled construction materials, or asphalt paving materials may use an unattended weighing system to weigh the vehicle and to issue a weighmaster certificate to buyers who opt to utilize the unattended system, provided that the system and the operation of the system comply with regulations or policies issued by the secretary. The name of the principal weighmaster and the unique system identification number of the unattended weighing system utilized shall be imprinted on the weighmaster certificate and this shall satisfy the requirements of subdivision (c) of Section 12715. Nothing in this section impacts existing weighing and ticketing systems. (b) (1) A weighmaster shall pay the department the following license fee for each license year as applicable to the operation: (A) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location. (B) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating. (C) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location. (D) Twenty dollars ($20) for each deputy weighmaster. (2) Any fee imposed pursuant to this section shall not exceed the reasonable regulatory costs to the department of enforcing this section. (c) For purposes of this section: (1) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal. (2) “Location” means a premise on which weighing, measuring, or counting devices are used. (3) “Principal weighmaster” means the person or entity identified on the weighmaster certificate, as described in subdivision (b) of Section 12714, that may employ or designate any person to act for the weighmaster as a deputy weighmaster pursuant to Section 12710. (4) “Unattended weighing system” means an automated system not directly under the supervision of a weighmaster that meets the approval, testing, and sealing requirements of Section 12717. (d) This section shall become operative on January 1, 2020. (Amended (as added by Stats. 2012, Ch. 344, Sec. 2) by Stats. 2017, Ch. 573, Sec. 68. (SB 800) Effective January 1, 2018. Section operative January 1, 2020, by its own provisions.)
  153. 1274.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    Clinical laboratories must send quarterly informational letters about certain serious cytology cases and keep related records for specified periods.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1274. (a) A laboratory shall document to persons submitting cytologic samples for evaluation, on a quarterly basis, informational letters on all cases of HSIL (high-grade squamous intraepithelial lesions), adenocarcinoma, or other malignant neoplasm. Documentation may consist of followup correspondence, telephone calls, or requests included in the report. Copies of that documentation, and any responses received to those letters, shall be maintained on file by the laboratories for a period of five years. (b) Whenever it becomes known to a clinical laboratory that an abnormality of HSIL (high-grade squamous intraepithelial lesions, adenocarcinoma, or other malignant neoplasm) has been identified for a patient for whom the clinical laboratory earlier reported a normal finding, all previous available cytologic slides on that patient shall be reexamined by the clinical laboratory. (c) Records of the review of previous slides required by subdivision (b) shall be maintained by the clinical laboratory, including the name of the individual performing the earlier examination. (d) A clinical laboratory shall maintain records of all false positive and false negative cases. When any errors in the reporting of a smear evaluation are discovered, a corrected report shall be immediately sent, when medically applicable. Copies of corrected reports shall be maintained in the laboratory records for a period of 10 years. (Amended by Stats. 2004, Ch. 695, Sec. 4. Effective January 1, 2005.)
  154. 1275.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. )

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    The department must adopt continuing-education regulations for licensed persons, set continuing-education requirements for license renewal, and may charge a fee to cover implementation costs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 4. Licensing [1260 - 1275] ( Article 4 added by Stats. 1951, Ch. 1727. ) ## 1275. The department shall develop and implement regulations for continuing education for persons licensed pursuant to this chapter on or before January 1, 1992, after consulting with the multidisciplinary committee established pursuant to Section 1228, and other appropriate organizations. On and after January 1, 1994, the department shall require not more than 12 hours of continuing education completed within a 12-month period or not more than 24 hours of continuing education completed within a 24-month period as a condition for renewal of a license issued under this chapter. The department may establish a fee for the implementation of this section, the total fees collected not to exceed the total costs to the program for the implementation of this requirement. (Amended by Stats. 2003, Ch. 319, Sec. 4. Effective January 1, 2004.)
  155. 128.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    A person may not sell equipment, supplies, or services when they know the items will be used for a service or contract that violates licensing requirements, except for cash sales under $100.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 128. Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements of this code. The provisions of this section shall not be applicable to cash sales of less than one hundred dollars ($100). For the purposes of this section, “person” includes, but is not limited to, a company, partnership, limited liability company, firm, or corporation. For the purposes of this section, “license” includes certificate or registration. A violation of this section shall be punishable by a fine of not less than one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding six months. (Amended by Stats. 1994, Ch. 1010, Sec. 1. Effective January 1, 1995.)
  156. 128.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Certain Department of Consumer Affairs agencies must lower license or other fees when year-end unencumbered funds are at or above the amount needed for the next two years’ operating budget.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 128.5. (a) Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies referred to in subdivision (b), has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years. (b) Notwithstanding any other provision of law, if at the end of any fiscal year, the California Architects Board, the Board of Behavioral Sciences, the Veterinary Medical Board, the Court Reporters Board of California, the Medical Board of California, the Board of Vocational Nursing and Psychiatric Technicians, or the Bureau of Security and Investigative Services has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years. (Amended by Stats. 2009, Ch. 308, Sec. 3. (SB 819) Effective January 1, 2010.)
  157. 1280.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A person must not represent themselves or act as a licensed individual under this chapter unless they are duly licensed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1280. It is unlawful for any person to represent himself or act as a licensed individual under this chapter unless he is, in fact, duly licensed under this chapter. (Amended by Stats. 1970, Ch. 1377.)
  158. 1281.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A person may not operate or run a clinical laboratory without a valid license from the department.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1281. It is unlawful for any person to own, operate, maintain, direct, or engage in the business of operating a clinical laboratory, as defined in this chapter, unless he or she possesses a valid clinical laboratory license issued by the department. In the event a health facility does not perform clinical laboratory services, but provides laboratory services to its patients under an agreement with another person or entity that holds and is operating under a valid clinical laboratory license, the health facility shall not be required to obtain a clinical laboratory license. (Amended by Stats. 1994, Ch. 261, Sec. 1. Effective January 1, 1995.)
  159. 1281.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    It is unlawful for any person, including clinical laboratory owners, operators, or directors, to provide, offer, or solicit payment or gratuity for human blood or other biological specimens used for clinical laboratory testing or practice, unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1281.1. It is unlawful for any person, including a person who owns, operates, or directs a clinical laboratory, to provide, offer, or solicit, any form of payment or gratuity for human blood or any other biological specimen provided for the purpose of clinical laboratory testing or clinical laboratory practice, unless the person is serving as an agent of a clinical laboratory or another facility legally utilizing those specimens only for purposes of research or teaching or for quality assurance purposes, or is an entity licensed under Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code. (Added by Stats. 2000, Ch. 322, Sec. 4. Effective January 1, 2001.)
  160. 1282.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    A person may not engage in clinical laboratory practice in a clinical laboratory unless licensed as a physician and surgeon or otherwise authorized by this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1282. It is unlawful for any person to engage in clinical laboratory practice in a clinical laboratory unless he or she is a duly licensed physician and surgeon or is duly authorized to do so under this chapter. (Amended by Stats. 1990, Ch. 195, Sec. 9. Effective July 9, 1990.)
  161. 1282.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A person may not perform venipuncture, skin puncture, or arterial puncture to collect a biological specimen unless authorized by this chapter, its regulations, or other law.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1282.2. It is unlawful for any person to perform venipuncture, skin puncture, or arterial puncture to collect a biological specimen unless he or she is authorized to do so under this chapter, the regulations adopted thereunder, or under other provisions of law. (Added by Stats. 2000, Ch. 322, Sec. 5. Effective January 1, 2001.)
  162. 1282.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    It is unlawful for any person to intentionally or recklessly endanger a person’s safety by corrupting a clinical laboratory test or examination result through improper specimen handling or inaccurate transcription/reporting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1282.3. (a) It is unlawful for any person to act with willful or wanton disregard for a person’s safety that exposes the person to a substantial risk of, or that causes, great bodily injury by affecting the integrity of a clinical laboratory test or examination result through improper collection, handling, storage, or labeling of the biological specimen or the erroneous transcription or reporting of clinical laboratory test or examination results. (b) Notwithstanding Section 1287, a violation of this section shall be punished as follows: (1) A first conviction is punishable by imprisonment in a county jail for a period of not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years, by a fine not exceeding fifty thousand dollars ($50,000), or by both this imprisonment and fine. (2) A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, four, or six years, or by a fine not exceeding fifty thousand dollars ($50,000), or by both this imprisonment and fine. (c) The enforcement remedies provided under this section are not exclusive, and shall not preclude the use of any other criminal or civil remedy. However, an act or omission punishable in different ways by this section and any other provision of law shall not be punished under more than one provision. Under those circumstances, the penalty to be imposed shall be determined as set forth in Section 654 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 7. (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.)
  163. 1283.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    It is unlawful for any person to conduct, maintain, or operate a clinical laboratory unless they are a duly licensed physician and surgeon or are otherwise authorized under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1283. It is unlawful for any person to conduct, maintain, or operate a clinical laboratory unless he is a duly licensed physician and surgeon or is duly authorized to do so under the provisions of this chapter. (Added by renumbering Section 1284 by Stats. 1970, Ch. 1377.)
  164. 1284.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    A licensed physician and surgeon, or anyone authorized to serve as director under this chapter, must not act only as a nominal director.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1284. It is unlawful for a duly licensed physician and surgeon, or any person authorized to serve as director under this chapter, to serve only as a nominal director. (Added by renumbering Section 1285 by Stats. 1970, Ch. 1377.)
  165. 1285.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    A person running a clinical laboratory must not employ anyone to perform clinical laboratory procedures unless that person is a licensed physician and surgeon or otherwise authorized under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1285. It is unlawful for any person conducting, maintaining, or operating a clinical laboratory to employ any person to perform clinical laboratory procedures unless the person is a duly licensed physician and surgeon or is duly authorized to do so under the provisions of this chapter. (Added by renumbering Section 1286 by Stats. 1970, Ch. 1377.)
  166. 1286.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A person may not operate a school or conduct a course to train people for duties covered by this chapter unless the department has first approved it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1286. It is unlawful for any person to operate a school or conduct any course for the purpose of training or preparing persons to perform duties, as defined under this chapter and regulations of the department, without having first secured the approval of the department as herein provided. (Amended by Stats. 1978, Ch. 429.)
  167. 1287.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    Violating this chapter is a misdemeanor, with specific higher penalties for violations of Sections 1281.1 and 1282.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1287. (a) Any person who violates any provision of this chapter is guilty of a misdemeanor punishable upon conviction by imprisonment in the county jail for a period not exceeding six months or by fine not exceeding one thousand dollars ($1,000) or by both. (b) (1) Notwithstanding subdivision (a), a violation of Section 1281.1 is a public offense and is punishable upon conviction by imprisonment in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine. (2) Notwithstanding subdivision (a), a violation of Section 1282.2 is a public offense and is punishable upon conviction by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (3) The enforcement remedies provided under this section are not exclusive, and shall not preclude the use of any other criminal or civil remedy. However, an act or omission punishable in different ways by this section and any other provision of law shall not be punished under more than one provision. Under those circumstances, the penalty to be imposed shall be determined as set forth in Section 654 of the Penal Code. (Amended by Stats. 2000, Ch. 322, Sec. 7. Effective January 1, 2001.)
  168. 1288.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A clinical laboratory may take test assignments and send reports only to licensed healing-arts persons or their representatives, with specific exceptions. Lab result reports must clearly show the laboratory’s name and address and the director’s name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1288. Any person conducting or operating a clinical laboratory may accept assignments for tests only from and make reports only to persons licensed under the provisions of law relating to the healing arts or their representatives. 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. A report of results issuing from a clinical laboratory shall show clearly the name and address of the laboratory and the name of the director. (Added by renumbering Section 1292 by Stats. 1970, Ch. 1377.)
  169. 1288.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    If certain clinical laboratory staff pick up unsecured biological specimens from a public place, they must notify the licensee and mail a form to the Department of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1288.3. (a) If a clinical laboratory employee, agent, or courier retrieves biological specimens located in a public place outside of the custodial control of a licensee, or his or her employee, agent, or contractor, and those specimens are not secured in a locked container, the clinical laboratory employee, agent, or courier, utilizing the form provided by the State Department of Health Services pursuant to Section 1220.5, shall (1) notify the licensee by attaching the appropriate copy of the form to the unlocked storage container, and (2) mail the appropriate copy of the form to the Department of Consumer Affairs. The Department of Consumer Affairs shall forward all forms received to the appropriate licensing entity. (b) This section shall not apply where the biological specimens have been received by mail in compliance with all applicable laws and regulations. (c) For purposes of this section: (1) “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. (2) “Licensee” means a person licensed pursuant to this division 2 (commencing with Section 500), who collects human biological specimens for clinical testing or examination. (d) A violation of this section is not subject to Section 1287. (e) This section shall become operative on January 1, 2001. Nothing in this section shall be construed to require clinical laboratory employees, agents, or couriers to notify licensees or the Department of Consumer Affairs of an unsecured specimen if the State Department of Health Services has not provided the appropriate forms. (Added by Stats. 1999, Ch. 748, Sec. 3. Effective January 1, 2000. Section operative January 1, 2001, by its own provisions.)
  170. 1288.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    A person may not solicit or accept a biological specimen for clinical laboratory testing or examination unless the lab has the required license or registration and the tester is authorized under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1288.5. No person may solicit or accept any biological specimen for clinical laboratory testing or examination unless there is in effect for the clinical laboratory where the test or examination is to be performed a license or registration issued pursuant to this chapter applicable to the category of test or examination which includes that testing or examination, and the person performing the test or examination is authorized to perform the test or examination under this chapter. (Added by Stats. 1995, Ch. 510, Sec. 31. Effective January 1, 1996.)
  171. 1289.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    Violating, attempting to violate, assisting, abetting, or conspiring to violate this chapter or its regulations is treated as unprofessional conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1289. The violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of or conspiring to violate any provision or term of this chapter or regulations promulgated thereunder constitutes unprofessional conduct within the meaning of this chapter. (Added by Stats. 1970, Ch. 1377.)
  172. 129.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    Boards must notify complainants about complaint action, and may transfer complaints or mediate them in some cases.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 129. (a) As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses. (b) Each board shall, upon receipt of any complaint respecting an individual licensed by the board, notify the complainant of the initial administrative action taken on the complainant’s complaint within 10 days of receipt. Each board shall notify the complainant of the final action taken on the complainant’s complaint. There shall be a notification made in every case in which the complainant is known. If the complaint is not within the jurisdiction of the board or if the board is unable to dispose satisfactorily of the complaint, the board shall transmit the complaint together with any evidence or information it has concerning the complaint to the agency, public or private, whose authority in the opinion of the board will provide the most effective means to secure the relief sought. The board shall notify the complainant of this action and of any other means that may be available to the complainant to secure relief. (c) The board shall, when the board deems it appropriate, notify the person against whom the complaint is made of the nature of the complaint, may request appropriate relief for the complainant, and may meet and confer with the complainant and the licensee in order to mediate the complaint. Nothing in this subdivision shall be construed as authorizing or requiring any board to set or to modify any fee charged by a licensee. (d) It shall be the continuing duty of the board to ascertain patterns of complaints and to report on all actions taken with respect to those patterns of complaints to the director and to the Legislature at least once per year. The board shall evaluate those complaints dismissed for lack of jurisdiction or no violation and recommend to the director and to the Legislature at least once per year the statutory changes it deems necessary to implement the board’s functions and responsibilities under this section. (e) It shall be the continuing duty of the board to take whatever action it deems necessary, with the approval of the director, to inform the public of its functions under this section. (f) Notwithstanding any other law, upon receipt of a child custody evaluation report submitted to a court pursuant to Chapter 6 (commencing with Section 3110) of Part 2 of Division 8 of the Family Code, the board shall notify the noncomplaining party in the underlying custody dispute, who is a subject of that report, of the pending investigation. (Amended by Stats. 2019, Ch. 351, Sec. 31. (AB 496) Effective January 1, 2020.)
  173. 1290.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

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    A violation of California statutes regulating narcotics and dangerous drugs counts as unprofessional conduct under this chapter, except for narcotics and dangerous drugs kept on licensed clinical laboratory premises solely as testing standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1290. With the exception of narcotics and dangerous drugs stored on the licensed clinical laboratory premises for use exclusively as standards for the purpose of testing, the violation of any of the statutes of this state regulating narcotics and dangerous drugs constitutes unprofessional conduct within the meaning of this chapter. (Repealed and added by Stats. 1970, Ch. 1377.)
  174. 1291.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. )

    Verify source ↗

    A licensed physician and surgeon may instruct or train an employee to work in the physician’s laboratory as part of the physician’s own medical practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 5. Offenses Against the Chapter [1280 - 1291] ( Article 5 added by Stats. 1951, Ch. 1727. ) ## 1291. Nothing in this chapter shall prohibit a licensed physician and surgeon from instructing or training any person employed by him to work in a laboratory maintained by such physician and surgeon as an incident of his own medical practice. (Added by Stats. 1971, Ch. 1070.)
  175. 12925.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 9. Special Provisions Relating to Farm Products [12925 - 12930] ( Chapter 9 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Wool Products [12925- 12925.] ( Heading of Article 2 renumbered from Article 4 by Stats. 1980, Ch. 676, Sec. 30. )

    Verify source ↗

    A person buying wool from a producer must not make specific deductions for tags, fribs, crutchings, or other off-wools based on weight or value.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 9. Special Provisions Relating to Farm Products [12925 - 12930] ( Chapter 9 added by Stats. 1939, Ch. 43. ) ## ARTICLE 2. Wool Products [12925- 12925.] ( Heading of Article 2 renumbered from Article 4 by Stats. 1980, Ch. 676, Sec. 30. ) ## 12925. No person purchasing wool from a producer shall make a specific deduction for tags, fribs, crutchings or other off-wools, either on a basis of the percentage of the weight or percentage of the value of the wool. Any provision in a contract to purchase wool from a producer, providing for such a deduction, is invalid. Violation of this section is a misdemeanor. (Added by Stats. 1943, Ch. 130.)
  176. 12930.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 9. Special Provisions Relating to Farm Products [12925 - 12930] ( Chapter 9 added by Stats. 1939, Ch. 43. ) ## ARTICLE 3. Cotton [12930- 12930.] ( Heading of Article 3 renumbered from Article 5 by Stats. 1980, Ch. 676, Sec. 31. )

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    Cotton includes raw cotton, cotton linters, and cotton batting; it may be sold by gross weight, subject to wrapping practices and a 5% tare limit for certain baled cotton calculations.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 9. Special Provisions Relating to Farm Products [12925 - 12930] ( Chapter 9 added by Stats. 1939, Ch. 43. ) ## ARTICLE 3. Cotton [12930- 12930.] ( Heading of Article 3 renumbered from Article 5 by Stats. 1980, Ch. 676, Sec. 31. ) ## 12930. As used in this article “cotton” includes raw cotton, cotton linters, and cotton batting. Notwithstanding any other provision of this code or any other law, cotton may be sold by gross weight so that the purchaser pays a like price for the cotton and the burlap, paper, or other material with which it is wrapped and the string, wire, or other material with which the wrapping is secured. When sold by gross weight cotton shall be wrapped and the wrapping secured in accordance with the usual customs of the trade or in accordance with the agreement of purchaser and seller. A weighmaster may use a tare weight for baled cotton specified by regulations of the United States Department of Agriculture for determining the net weight of cotton. The tare shall not exceed five percent (5%) of such gross weight. The provisions of this section shall not be construed to apply to the sale of cotton or cotton goods in any form packaged for distribution or sale at retail to the general public. (Amended by Stats. 1971, Ch. 370.)
  177. 13.

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

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    This section defines “materia medica” for this code and related initiative acts.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 13. The term “materia medica” as used in this code or in any initiative act referred to in this code, means those substances listed in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, the official United States Dispensatory, New and Nonofficial Remedies, or the National Formulary, or any supplement thereof, except substances covered by subdivision (a) of Section 4052 and Section 4057 of this code. (Added by Stats. 1961, Ch. 300.)
  178. 130.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Members of the listed boards and committees serve four-year terms expiring on June 1, with one stated exception for the Board of Registered Nursing.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 130. (a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1. (b) Subdivision (a) applies to the following boards or committees: (1) The Medical Board of California. (2) The Podiatric Medical Board of California. (3) The Physical Therapy Board of California. (4) The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703. (5) The Board of Vocational Nursing and Psychiatric Technicians. (6) The California State Board of Optometry. (7) The California State Board of Pharmacy. (8) The Veterinary Medical Board. (9) The California Architects Board. (10) The Landscape Architect Technical Committee. (11) The Contractors State License Board. (12) The Board of Behavioral Sciences. (13) The Court Reporters Board of California. (14) The State Athletic Commission. (15) The Osteopathic Medical Board of California. (16) The Respiratory Care Board of California. (17) The Acupuncture Board. (18) The Board of Psychology. (19) The Structural Pest Control Board. (Amended by Stats. 2024, Ch. 588, Sec. 1. (AB 3253) Effective January 1, 2025.)
  179. 1300.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    This section sets a fee schedule for clinical laboratory licenses, certifications, registrations, renewals, inspections, and related services, with amounts depending on license type or test volume.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1300. The amount of application, registration, certification, and license fees under this chapter shall be as follows: (a) The application fee for a histocompatibility laboratory director’s, clinical laboratory bioanalyst’s, clinical chemist’s, clinical microbiologist’s, clinical laboratory toxicologist’s, clinical genetic molecular biologist’s, clinical cytogeneticist’s, clinical laboratory geneticist’s, or clinical reproductive biologist’s license, or license for another specialty or subspecialty specified by regulation adopted by the department, is five hundred seventy dollars ($570). (b) The annual renewal fee for a license listed in subdivision (a) is five hundred seventy dollars ($570). (c) The application fee for a clinical laboratory scientist’s or limited clinical laboratory scientist’s license is three hundred dollars ($300). (d) The application and annual renewal fee for a cytotechnologist’s license is two hundred sixty dollars ($260). (e) The annual renewal fee for a clinical laboratory scientist’s or limited clinical laboratory scientist’s license is three hundred dollars ($300). (f) The application and annual renewal fee for a phlebotomist’s certification is one hundred fifty dollars ($150). (g) A clinical laboratory applying for a license to perform tests or examinations classified as of moderate or of high complexity under CLIA and a clinical laboratory applying for certification under subdivision (c) of Section 1223 shall pay an application fee for that license or certification based on the number of tests it performs or expects to perform in a year, as follows: (1) Less than 2,001 tests: three hundred thirty-five dollars ($335). (2) Between 2,001 and 10,000, inclusive, tests: one thousand one hundred dollars ($1,100). (3) Between 10,001 and 25,000, inclusive, tests: one thousand eight hundred dollars ($1,800). (4) Between 25,001 and 50,000, inclusive, tests: two thousand two hundred dollars ($2,200). (5) Between 50,001 and 75,000, inclusive, tests: two thousand seven hundred dollars ($2,700). (6) Between 75,001 and 100,000, inclusive, tests: three thousand three hundred dollars ($3,300). (7) Between 100,001 and 500,000, inclusive, tests: four thousand dollars ($4,000). (8) Between 500,001 and 1,000,000, inclusive, tests: seven thousand two hundred dollars ($7,200). (9) More than 1,000,000 tests: eight thousand six hundred thirty dollars ($8,630) plus four hundred twenty dollars ($420) for every 500,000 tests over 1,000,000, up to a maximum of 15,000,000 tests. (h) A clinical laboratory performing tests or examinations classified as of moderate or of high complexity under CLIA and a clinical laboratory with a certificate issued under subdivision (c) of Section 1223 shall pay an annual renewal fee based on the number of tests it performed in the preceding calendar year, as follows: (1) Less than 2,001 tests: three hundred thirty-five dollars ($335). (2) Between 2,001 and 10,000, inclusive, tests: one thousand one hundred dollars ($1,100). (3) Between 10,001 and 25,000, inclusive, tests: one thousand eight hundred dollars ($1,800). (4) Between 25,001 and 50,000, inclusive, tests: two thousand two hundred dollars ($2,200). (5) Between 50,001 and 75,000, inclusive, tests: two thousand seven hundred dollars ($2,700). (6) Between 75,001 and 100,000, inclusive, tests: three hundred three hundred dollars ($3,300). (7) Between 100,001 and 500,000, inclusive, tests: four thousand dollars ($4,000). (8) Between 500,001 and 1,000,000, inclusive, tests: seven thousand two hundred dollars ($7,200). (9) More than 1,000,000 tests per year: eight thousand six hundred thirty dollars ($8,630) plus four hundred twenty dollars ($420) for every 500,000 tests over 1,000,000, up to a maximum of 15,000,000 tests. (i) The application fee for a trainee’s license is forty-five dollars ($45). (j) The annual renewal fee for a trainee’s license is forty-five dollars ($45). (k) The application fee for a duplicate license is five dollars ($5). (l) The personnel licensing delinquency fee is equal to the annual renewal fee. (m) The director may establish a fee for examinations required under this chapter. The fee shall not exceed the total cost to the department in conducting the examination. (n) A clinical laboratory subject to registration under paragraph (2) of subdivision (a) of Section 1265 and performing only those clinical laboratory tests or examinations considered waived under CLIA shall pay an annual fee of one hundred fifty-five dollars ($155). A clinical laboratory subject to registration under paragraph (2) of subdivision (a) of Section 1265 and performing only provider-performed microscopy, as defined under CLIA, shall pay an annual fee of two hundred thirty-five dollars ($235). A clinical laboratory performing both waived and provider-performed microscopy shall pay an annual registration fee of two hundred thirty-five dollars ($235). (o) The costs of the department in conducting a complaint investigation, imposing sanctions, or conducting a hearing under this chapter shall be paid by the clinical laboratory. The fee shall be no greater than the fee the laboratory would pay under CLIA for the same type of activities and shall not be payable if the clinical laboratory would not be required to pay those fees under CLIA. (p) The state, a district, city, county, city and county, or other political subdivision, or any public officer or body shall be subject to the payment of fees established pursuant to this chapter or regulations adopted thereunder. (q) In addition to the payment of registration or licensure fees, a clinical laboratory located outside the State of California shall reimburse the department for travel and per diem to perform any necessary onsite inspections at the clinical laboratory in order to ensure compliance with this chapter. (r) The department shall establish an application fee and a renewal fee for a medical laboratory technician license, the total fees collected not to exceed the costs of the department for the implementation and operation of the program licensing and regulating medical laboratory technicians pursuant to Section 1260.3. (s) The costs of the department to conduct any reinspections to ensure compliance of a laboratory applying for initial licensure shall be paid by the laboratory. This additional cost for each visit shall be equal to the initial application fee and shall be paid by the laboratory prior to issuance of a license. The department shall not charge a reinspection fee if the reinspection is due to error or omission on the part of the department. (t) A fee of twenty-eight dollars ($28) shall be assessed for approval of each additional location authorized by paragraph (2) of subdivision (d) of Section 1265. (u) On or before July 1, 2013, the department shall report to the Legislature during the annual legislative budget hearing process the extent to which the state oversight program meets or exceeds federal oversight standards and the extent to which the federal Department of Health and Human Services is accepting exemption applications and the potential cost to the state for an exemption. (Amended by Stats. 2025, Ch. 105, Sec. 3. (AB 144) Effective September 17, 2025.)
  180. 1300.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    Certain Section 1300 fees must be adjusted every year, using the method in Health and Safety Code Section 100450, and the result must be rounded to the nearest whole dollar.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1300.1. (a) The application, registration, certification, and license fees specified in Section 1300 shall be adjusted annually in the manner specified in Section 100450 of the Health and Safety Code. The adjustments shall be rounded off to the nearest whole dollar amount. (b) This section shall become operative on January 1, 2020. (Amended by Stats. 2025, Ch. 105, Sec. 4. (AB 144) Effective September 17, 2025.)
  181. 1300.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    Fees collected under this chapter must not exceed the department’s costs for licensing, certification, inspection, or related regulation of clinical laboratories and their personnel.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1300.2. Notwithstanding any other provision of this article, the total fees collected under this chapter shall not exceed the costs incurred by the department for licensing, certification, inspection, or other activities relating to the regulation of clinical laboratories and their personnel. (Added by Stats. 2009, Ch. 201, Sec. 5. (SB 744) Effective October 11, 2009.)
  182. 1301.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    Clinical laboratory licensees or registrants must pay renewal fees on time, and late payment can trigger delinquency fees, notice, forfeiture, or reinstatement examination requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1301. (a) The annual renewal fee for a clinical laboratory license or registration set under this chapter shall be paid during the 30-day period before the expiration date of the license or registration. If the license or registration is not renewed before the expiration date, the licensee or registrant, as a condition precedent to renewal, shall pay a delinquency fee equal to 25 percent of the annual renewal fee for up to 60 days after the expiration date, in addition to the annual renewal fee in effect on the last preceding regular renewal date. Failure to pay the annual renewal fee in advance during the time the license or registration remains in force shall, ipso facto, work a forfeiture of the license or registration after a period of 60 days from the expiration date of the license or registration. (b) (1) The department shall give written notice to all persons licensed pursuant to Section 1260, 1260.1, 1261, 1261.5, 1262, 1264, or 1270 30 days in advance of the regular renewal date that a renewal fee has not been paid. In addition, the department shall give written notice to licensed clinical laboratory bioanalysts or doctoral degree specialists and clinical laboratory scientists or limited clinical laboratory scientists by registered or certified mail 90 days in advance of the expiration of the fifth year that a renewal fee has not been paid and if not paid before the expiration of the fifth year of delinquency the licensee may be subject to reexamination. (2) If the renewal fee is not paid for five or more years, the department may require an examination before reinstating the license, except that no examination shall be required as a condition for reinstatement if the original license was issued without an examination. No examination shall be required for reinstatement if the license was forfeited solely by reason of nonpayment of the renewal fee if the nonpayment was for less than five years. (3) If the license is not renewed within 60 days after its expiration, the licensee, as a condition precedent to renewal, shall pay the delinquency fee identified in subdivision (k) of Section 1300, in addition to the renewal fee in effect on the last preceding regular renewal date. Payment of the delinquency fee will not be necessary if within 60 days of the license expiration date the licensee files with the department an application for inactive status. (Amended by Stats. 2010, Ch. 328, Sec. 7. (SB 1330) Effective January 1, 2011.)
  183. 1301.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    The department may set license periods and renewal dates for licenses under this chapter, and should adjust fees so licensees do not pay more or less because of the timing change.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1301.1. Notwithstanding any other provision of this chapter, the department may establish such license periods and renewal dates for all licenses issued under this chapter in a manner as to best distribute the license renewal process throughout a given year, or longer period, if necessary, to permit the most efficient and economical use of the department’s personnel and equipment. To the extent practical, provision shall be made for the proration or other fee adjustments in a manner that no licensee shall be required to pay a greater or lesser fee than he or she would have been required to pay if the change in license periods or renewal dates had not occurred. (Added by Stats. 1990, Ch. 195, Sec. 10. Effective July 9, 1990.)
  184. 1302.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. )

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    Fees collected under this chapter and related Chapter 4 provisions must be paid to the department and deposited in the Clinical Laboratory Improvement Fund, then used only for the specified regulatory and administrative purposes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6. Revenue [1300 - 1302] ( Article 6 added by Stats. 1951, Ch. 1727. ) ## 1302. (a) There is hereby established in the State Treasury, the Clinical Laboratory Improvement Fund. (b) All fees established under this chapter and Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code shall be collected by and paid to the department, and shall be deposited by the department in the Clinical Laboratory Improvement Fund, along with any other moneys received by the department for the purpose of licensing, certification, inspection, proficiency testing, or other regulation of clinical laboratories, blood banks, or clinical laboratory personnel. Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys deposited in the fund shall be maintained in the fund. (c) Moneys deposited in the Clinical Laboratory Improvement Fund that are appropriated in the annual Budget Act, or any other appropriation, for support of, or expenditure by, the state department shall, upon appropriation, be expended by the state department to administer this chapter and Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code. All fees collected pursuant to this chapter shall, upon appropriation, be expended to administer this chapter and shall not be redirected for any other purpose. All fees collected pursuant to Chapter 4 (commencing with Section 1600) of Division 2 of the Health and Safety Code shall, upon appropriation, be expended to administer that chapter and shall not be redirected for any other purpose. (Amended by Stats. 2009, Ch. 201, Sec. 7. (SB 744) Effective October 11, 2009.)
  185. 131.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Certain department agency members may not serve more than two consecutive full terms.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 131. Notwithstanding any other provision of law, no member of an agency designated in subdivision (b) of Section 130 or member of a board, commission, committee, or similarly constituted agency in the department shall serve more than two consecutive full terms. (Amended by Stats. 1987, Ch. 850, Sec. 5.)
  186. 1310.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6.5. Penalties [1310 - 1311] ( Article 6.5 added by Stats. 1995, Ch. 510, Sec. 33. )

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    If a licensed or registered laboratory no longer substantially meets chapter or regulatory requirements, the department may impose correction plans, civil money penalties, onsite monitoring, or a combination, except for certain waived CLIA-only laboratories.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6.5. Penalties [1310 - 1311] ( Article 6.5 added by Stats. 1995, Ch. 510, Sec. 33. ) ## 1310. If the department determines that a laboratory that has been issued a license or registration under this chapter, except for a laboratory only performing tests or examinations classified as waived under CLIA, no longer substantially meets the requirements of this chapter or the regulations adopted thereunder, the department, in lieu of, or in addition to, revocation or suspension of the license or registration under Section 1320 or 1323, may impose any of the following: (a) Directed plans of correction, as defined under CLIA. (b) Civil money penalties in an amount ranging from fifty dollars ($50) to three thousand dollars ($3,000) per day of noncompliance, or per violation, for a condition-level deficiency that does not pose immediate jeopardy, to an amount ranging from three thousand fifty dollars ($3,050) to ten thousand dollars ($10,000) per day of noncompliance, or per violation, for a condition-level deficiency that poses immediate jeopardy, but only after notice and an opportunity to respond in accordance with Section 100171 of the Health and Safety Code, and consideration of facts enumerated in CLIA in Section 493.1834 of Title 42 of the Code of Federal Regulations. (c) Civil money penalties in an amount ranging from fifty dollars ($50) to three thousand dollars ($3,000) per day of noncompliance, or per violation, for a violation of subdivision (t) of Section 1320, for failure to comply with disease reporting requirements, but only after notice and an opportunity to respond in accordance with Section 100171 of the Health and Safety Code. (d) Onsite monitoring, as defined under CLIA, and payment for the costs of onsite monitoring. (e) Any combination of the actions described in subdivisions (a), (b), (c), and (d). (Amended by Stats. 2005, Ch. 219, Sec. 1. Effective January 1, 2006.)
  187. 1311.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6.5. Penalties [1310 - 1311] ( Article 6.5 added by Stats. 1995, Ch. 510, Sec. 33. )

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    The department has three years from a violation of this chapter or a related regulation to file a civil or administrative action.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 6.5. Penalties [1310 - 1311] ( Article 6.5 added by Stats. 1995, Ch. 510, Sec. 33. ) ## 1311. The department shall have three years from the date of a violation of this chapter or of a regulation adopted thereunder to file a civil or administrative action. (Added by Stats. 2000, Ch. 322, Sec. 9. Effective January 1, 2001.)
  188. 132.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Department agencies must get the director’s permission before suing another state or federal agency, and must first submit a written request.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 132. No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the state or federal government without the permission of the director. Prior to instituting or joining in a legal action against an agency of the state or federal government, a board, commission, examining committee, or any other agency within the department shall present a written request to the director to do so. Within 30 days of receipt of the request, the director shall communicate the director’s approval or denial of the request and the director’s reasons for approval or denial to the requesting agency in writing. If the director does not act within 30 days, the request shall be deemed approved. A requesting agency within the department may override the director’s denial of its request to institute or join a legal action against a state or federal agency by a two-thirds vote of the members of the board, commission, examining committee, or other agency, which vote shall include the vote of at least one public member of that board, commission, examining committee, or other agency. (Amended by Stats. 2019, Ch. 351, Sec. 33. (AB 496) Effective January 1, 2020.)
  189. 1320.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    The department may deny, suspend, or revoke a license or registration under this chapter for listed misconduct or compliance failures. A laboratory has a limited exception for incomplete patient information in disease reporting if it makes a good-faith effort and files on time with the information it has.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1320. The department may deny, suspend, or revoke any license or registration issued under this chapter for any of the following reasons: (a) Conduct involving moral turpitude or dishonest reporting of tests. (b) Violation by the applicant, licensee, or registrant of this chapter or any rule or regulation adopted pursuant thereto. (c) Aiding, abetting, or permitting the violation of this chapter, the rules or regulations adopted under this chapter or the Medical Practice Act, Chapter 5 (commencing with Section 2000) of Division 2. (d) Permitting a licensed trainee to perform tests or procure specimens unless under the direct and responsible supervision of a person duly licensed under this chapter or physician and surgeon other than another licensed trainee. (e) Violation of any provision of this code governing the practice of medicine and surgery. (f) Proof that an applicant, licensee, or registrant has made false statements in any material regard on the application for a license, registration, or renewal issued under this chapter. (g) Conduct inimical to the public health, morals, welfare, or safety of the people of the State of California in the maintenance or operation of the premises or services for which a license or registration is issued under this chapter. (h) Proof that the applicant or licensee has used any degree, or certificate, as a means of qualifying for licensure that has been purchased or procured by barter or by any unlawful means or obtained from any institution that at the time the degree, certificate, or title was obtained was not recognized or accredited by the department of education of the state where the institution is or was located to give training in the field of study in which the degree, certificate, or title is claimed. (i) Violation of any of the prenatal laws or regulations pertaining thereto in Chapter 2 (commencing with Section 120675) of Part 3 of Division 105 of the Health and Safety Code and Article 1 (commencing with Section 1125) of Group 4 of Subchapter 1 of Chapter 2 of Part 1 of Title 17 of the California Code of Regulations. (j) Knowingly accepting an assignment for clinical laboratory tests or specimens from and the rendering of a report thereon to persons not authorized by law to submit those specimens or assignments. (k) Rendering a report on clinical laboratory work actually performed in another clinical laboratory without designating clearly the name and address of the laboratory in which the test was performed. (l) Conviction of a felony or of any misdemeanor involving moral turpitude under the laws of any state or of the United States arising out of or in connection with the practice of clinical laboratory technology. The record of conviction or a certified copy thereof shall be conclusive evidence of that conviction. (m) Unprofessional conduct. (n) The use of drugs or alcoholic beverages to the extent or in a manner as to be dangerous to a person licensed under this chapter, or any other person to the extent that that use impairs the ability of the licensee to conduct with safety to the public the practice of clinical laboratory technology. (o) Misrepresentation in obtaining a license or registration. (p) Performance of, or representation of the laboratory as entitled to perform, a clinical laboratory test or examination or other procedure that is not within the specialties or subspecialties, or category of laboratory procedures authorized by the license or registration. (q) Refusal of a reasonable request of HCFA, a HCFA agent, the department, or any employee, agent, or contractor of the department, for permission to inspect, pursuant to this chapter, the laboratory and its operations and pertinent records during the hours the laboratory is in operation. (r) Failure to comply with reasonable requests of the department for any information, work, or materials that the department concludes is necessary to determine the laboratory’s continued eligibility for its license or registration, or its continued compliance with this chapter or the regulations adopted under this chapter. (s) Failure to comply with a sanction imposed under Section 1310. (t) Failure to comply with the disease reporting requirements adopted pursuant to Section 120130 of the Health and Safety Code. However, when a laboratory is not able to obtain complete information for a patient within the reporting timeframes, it shall document that it made a good faith effort to do so and it shall submit the report with the available information within the required reporting timeframes and, in that case, the laboratory shall not be subject to sanctions for failure to submit complete patient information. (Amended by Stats. 2005, Ch. 219, Sec. 2. Effective January 1, 2006.)
  190. 1321.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    This section defines “conviction” for the chapter and says the director must consider all competent evidence of rehabilitation when acting on a license or registration case.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1321. For purposes of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An action to deny, revoke, or suspend the license or registration may be taken when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of a sentence, notwithstanding a subsequent order pursuant to Section 1203.4 of the Penal Code permitting withdrawal of a plea of guilty, or setting aside a verdict of guilty or dismissing the accusation, information, or indictment. The director shall take into account all competent evidence or rehabilitation furnished. (Amended by Stats. 1995, Ch. 510, Sec. 35. Effective January 1, 1996.)
  191. 1322.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    Proceedings to suspend or revoke a license or registration under this chapter must follow Section 100171 of the Health and Safety Code.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1322. The proceedings under this chapter for the suspension or revocation of a license or registration shall be conducted in accordance with Section 100171 of the Health and Safety Code. (Amended by Stats. 1997, Ch. 220, Sec. 7. Effective August 4, 1997.)
  192. 1323.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    The department may temporarily suspend a license or registration before a hearing if it finds the action is needed to protect the public welfare.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1323. The department may temporarily suspend a license or registration prior to any hearing, when it has determined that the action is necessary to protect the public welfare. The department shall notify the licensee or registrant of the temporary suspension and the effective date thereof and at the same time shall serve the licensee or registrant with an accusation. Upon receipt of a notice of defense by the licensee or registrant, the matter shall, within 15 days, be set for hearing. The hearing shall be held as soon as possible, but not later than 30 days after receipt of that notice. The temporary suspension shall remain in effect until the time the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension shall be deemed vacated if the department fails to make a final decision within 60 days after the hearing has been completed. (Amended by Stats. 1995, Ch. 510, Sec. 37. Effective January 1, 1996.)
  193. 1324.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    A person or entity with a revoked clinical laboratory license or registration generally may not own or operate a licensed laboratory for two years, unless the revocation was automatic under Section 1265.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1324. Except for a person or entity whose license was revoked automatically under Section 1265, no person or entity who has owned or operated a clinical laboratory that had its license or registration revoked may, within two years of the revocation of the license or registration, own or operate a laboratory for which a license or registration has been issued under this chapter. (Amended by Stats. 2000, Ch. 322, Sec. 10. Effective January 1, 2001.)
  194. 1325.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    A clinical laboratory’s license or registration must be automatically suspended if the lab is excluded from Medicare or Medicaid participation, or if its CLIA certificate is revoked.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1325. Notwithstanding Sections 1267 and 1322, the license or registration of a clinical laboratory that has been excluded from participation under the Medicare program (Title XVIII of the Social Security Act (42 U.S.C. Sec. 1395 et seq.)), under the Medicaid Program (Title XIX of the Social Security Act (42 U.S.C. Sec. 1396 et seq.)), or that had its certificate revoked under CLIA, shall be automatically suspended by the department for the period the laboratory is so excluded or has its certificate revoked. (Amended by Stats. 1995, Ch. 510, Sec. 39. Effective January 1, 1996.)
  195. 1326.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    The department may seek an injunction in superior court against actual or threatened violations of this chapter or its regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1326. The department may bring an action to enjoin the violation or threatened violation of this chapter or the regulations adopted pursuant thereto in the superior court in and for the county in which the violation occurred or is about to occur. Any proceeding under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. With respect to any action brought pursuant to this action alleging actual violation of this chapter or the regulations adopted pursuant thereto, the court shall, if it finds the allegations to be true, issue its order enjoining the discontinuance of the violation. (Added by Stats. 1989, Ch. 927, Sec. 18.)
  196. 1327.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. )

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    The department may make agreements with the Secretary of Health and Human Services to use the department’s services or facilities to carry out CLIA.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 3. Clinical Laboratory Technology [1200 - 1327] ( Chapter 3 repealed and added by Stats. 1951, Ch. 1727. ) ## ARTICLE 7. Denial, Revocation and Suspension of Licenses [1320 - 1327] ( Heading of Article 7 amended by Stats. 1970, Ch. 1377. ) ## 1327. The department may enter into agreements with the Secretary of Health and Human Services for the use of the services or facilities of the department for carrying out the provisions of CLIA. (Amended by Stats. 1995, Ch. 510, Sec. 40. Effective January 1, 1996.)
  197. 13300.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. )

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    Businesses using point-of-sale systems must show consumer prices clearly, including discounts, surcharges, and the total charge.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. ) ## 13300. (a) The operator of a business establishment that uses a point-of-sale system to sell goods or services to consumers shall ensure that the price of each good or service to be paid by the consumer is conspicuously displayed to the consumer at the time that the price is interpreted by the system. In any instance in which the business advertises a price reduction or discount regarding an item offered for sale, the checkout system customer indicator shall display either the discounted price for that item, or alternatively, the regular price and a credit or reduction of the advertised savings. Any surcharges and the total value to be charged for the overall transaction also shall be displayed for the consumer at least once before the consumer is required to pay for the goods or services. The checkout system customer indicator shall be so positioned, and the prices and amounts displayed shall be of a size and form, as to be easily viewable from a typical and reasonable customer position at each checkout location. (b) For the purposes of this section, “point-of-sale system” means any computer or electronic system used by a retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer. (c) All point-of-sale systems used by a business establishment on and after January 1, 2007, shall comply with the requirement of subdivision (a). (Amended by Stats. 2006, Ch. 566, Sec. 2. Effective January 1, 2007.)
  198. 13301.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. )

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    The Attorney General, a district attorney, or a city attorney may enforce this chapter under Division 5 or other applicable law.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. ) ## 13301. Notwithstanding any other provision of this division, the Attorney General, the district attorney, or city attorney may enforce the provisions of this chapter in accordance with the provisions of Division 5 (commencing with Section 12001) or any other applicable provisions of law. (Added by Stats. 2002, Ch. 818, Sec. 2. Effective January 1, 2003.)
  199. 13303.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. )

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    The secretary may adopt necessary rules and regulations about the accuracy of retail price-charging scanners.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 1. Point-Of-Sale Displays [13300 - 13303] ( Article 1 heading added by Stats. 2006, Ch. 566, Sec. 1. ) ## 13303. The secretary may adopt necessary rules and regulations regarding the accuracy of automated systems for retail commodity price charging referred to as “scanners.” (Added by renumbering Section 12736 by Stats. 2012, Ch. 661, Sec. 49. (SB 1576) Effective January 1, 2013.)
  200. 13350.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. )

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    Local officials may inspect POS price accuracy in retail stores, and the sealer must verify that the lowest advertised price matches the price charged or printed.

    ## Business and Professions Code - BPC ## DIVISION 5. WEIGHTS AND MEASURES [12001 - 13800] ( Division 5 added by Stats. 1939, Ch. 43. ) ## CHAPTER 13. Automatic Checkout Systems [13300 - 13356] ( Chapter 13 added by Stats. 2002, Ch. 818, Sec. 2. ) ## ARTICLE 2. Point-Of-Sale System Accuracy Verification [13350 - 13356] ( Heading of Article 2 repealed (in the form of Chapter 13.5) and added by Stats. 2006, Ch. 566, Sec. 4. ) ## 13350. (a) The board of supervisors of any county or city and county that has adopted or that adopts an ordinance for the purposes of determining the pricing accuracy of a retail establishment using a point-of-sale (POS) system, shall base the initial standard inspection of the POS system on the following criteria: (1) The initial standard inspection shall be performed by collecting a random sample of items that shall include a maximum of 50 percent sale items from either: (i) One department of a retail store. (ii) Multiple areas of a retail store. (iii) The entire store. (2) The initial standard inspection shall be performed by testing a minimum random sample of 10 items for a retail establishment with three or fewer POS checkout registers. (3) The initial standard inspection shall be performed by testing a minimum random sample of 25 items for a retail establishment with 4 to 9 POS checkout registers. (4) The initial standard inspection shall be performed by testing a minimum random sample of 50 items for retail establishments with 10 or more POS checkout registers. (5) The sealer shall verify that the lowest advertised, posted, marked, displayed, or quoted price is the same as the price displayed or computed by the point-of-sale equipment or printed receipt. Only items computed at a higher price than the lowest advertised, posted, marked, displayed, or quoted price shall be considered not in compliance. (6) The minimum random sample size shall not apply to inspections of any establishment at which fewer items than the number specified as the minimum sample size are marked or displayed with a posted or advertised item price. (7) The maximum percentage of sale item restriction in paragraph (1) shall not apply to inspections of any establishment at which a marketing or promotional practice does not enable the sampling of the minimum required percentage of nonsale items, such as “Everything In Store 50 percent Off” or the like. (8) The compliance rate percentage of a retail establishment shall be determined by dividing the number of items in compliance by the sample size multiplied by 100. (b) Enforcement action may be taken for any item not in compliance. (c) The sealer may reinspect any retail facility that has a compliance rate of less than 98 percent. (d) The board of supervisors, by ordinance, may charge a point-of-sale system inspection fee or an annual registration fee, not to exceed the county’s total cost of inspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. (e) The board of supervisors, by ordinance, may charge a reinspection fee for reinspections of a retail establishment that fails the prior inspection, not to exceed the county’s total cost of reinspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. (Amended by Stats. 2008, Ch. 434, Sec. 1. Effective January 1, 2009.)

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