Business and Professions Code — Part 50 | BPC — United States — California law | Esheria

Business and Professions Code

Part 50 of 52 · provisions 9,801–10,000

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

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About this statute

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

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 8007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )

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    The board must determine applicant qualifications, make examination and certificate rules, grant certificates to qualified applicants, and adopt necessary regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8007. The board shall: (a) Determine the qualifications of persons applying for certificates under this chapter. (b) Make rules for the examination of applicants and the issuing of certificates provided for in this chapter. (c) Grant certificates to such applicants as may, upon examination, be qualified in professional shorthand reporting and in such other subjects as the board may deem advisable. (d) Adopt, amend, or repeal rules and regulations which are reasonably necessary to carry out the provisions of this chapter. (Amended by Stats. 1979, Ch. 608.)
  2. 8008.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )

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    The board has specified powers and duties for administration, discipline, fees, renewals, subpoenas, investigations, and fund administration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8008. The board has the following powers and duties: (a) To adopt a seal. (b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter. (c) To charge and collect all fees as provided for in this chapter. (d) To require the renewal of all certificates. (e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board. (f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter. (g) To administer the Transcript Reimbursement Fund described in Section 8030.2. (Amended by Stats. 2002, Ch. 664, Sec. 18. Effective January 1, 2003.)
  3. 8009.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )

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    The board has the powers granted by the referenced Government Code chapter in disciplinary proceedings under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8009. Disciplinary proceedings under this chapter shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and the board shall have all the powers granted therein. (Added by Stats. 1953, Ch. 191.)
  4. 801.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Insurers must report certain settlements or arbitration awards to the relevant licensing board or agency, usually within 30 days, and insurers generally may not settle without the insured’s written consent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 801. (a) Except as provided in Section 801.01 and subdivisions (b), (c), (d), and (e) of this section, every insurer providing professional liability insurance to a person who holds a license, certificate, or similar authority from or under any agency specified in subdivision (a) of Section 800 shall send a complete report to that agency as to any settlement or arbitration award over three thousand dollars ($3,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (b) Every insurer providing professional liability insurance to a person licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with Section 4990), or Chapter 16 (commencing with Section 4999.10) shall send a complete report to the Board of Behavioral Sciences as to any settlement or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (c) Every insurer providing professional liability insurance to a dentist licensed pursuant to Chapter 4 (commencing with Section 1600) shall send a complete report to the Dental Board of California as to any settlement or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (d) Every insurer providing liability insurance to a veterinarian licensed pursuant to Chapter 11 (commencing with Section 4800) shall send a complete report to the Veterinary Medical Board of any settlement or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or injury caused by that person’s negligence, error, or omission in practice, or rendering of unauthorized professional service. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (e) Every insurer providing professional liability insurance to a person licensed pursuant to Chapter 6 (commencing with Section 2700) shall send a complete report to the Board of Registered Nursing as to any settlement or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (f) The insurer shall notify the claimant, or if the claimant is represented by counsel, the insurer shall notify the claimant’s attorney, that the report required by subdivision (a), (b), or (c) has been sent to the agency. If the attorney has not received this notice within 45 days after the settlement was reduced to writing and signed by all of the parties, the arbitration award was served on the parties, or the date of entry of the civil judgment, the attorney shall make the report to the agency. (g) Notwithstanding any other provision of law, no insurer shall enter into a settlement without the written consent of the insured, except that this prohibition shall not void any settlement entered into without that written consent. The requirement of written consent shall only be waived by both the insured and the insurer. (h) For purposes of this section, “insurer” means the following: (1) The insurer providing professional liability insurance to the licensee. (2) The licensee, or his or her counsel, if the licensee does not possess professional liability insurance. (3) A state or local governmental agency, including, but not limited to, a joint powers authority, that self-insures the licensee. As used in this paragraph, “state governmental agency” includes, but is not limited to, the University of California. (Amended by Stats. 2017, Ch. 520, Sec. 1. (SB 799) Effective January 1, 2018.)
  5. 801.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain reportable settlements, arbitration awards, and civil judgments involving a licensee must be reported to the relevant board, usually within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 801.01. The Legislature finds and declares that the filing of reports with the applicable state agencies required under this section is essential for the protection of the public. It is the intent of the Legislature that the reporting requirements set forth in this section be interpreted broadly in order to expand reporting obligations. (a) A complete report shall be sent to the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board with respect to a licensee of the board as to the following: (1) A settlement over thirty thousand dollars ($30,000) or arbitration award of any amount or a civil judgment of any amount, whether or not vacated by a settlement after entry of the judgment, that was not reversed on appeal, of a claim or action for damages for death or personal injury caused by the licensee’s alleged negligence, error, or omission in practice, or by the licensee’s rendering of unauthorized professional services. (2) A settlement over thirty thousand dollars ($30,000), if the settlement is based on the licensee’s alleged negligence, error, or omission in practice, or on the licensee’s rendering of unauthorized professional services, and a party to the settlement is a corporation, medical group, partnership, or other corporate entity in which the licensee has an ownership interest or that employs or contracts with the licensee. (b) The report shall be sent by any of the following: (1) The insurer providing professional liability insurance to the licensee. (2) The licensee, or the licensee’s counsel. (3) A state or local governmental agency that self-insures the licensee. For purposes of this section, “state governmental agency” includes, but is not limited to, the University of California. (c) The entity, person, or licensee obligated to report pursuant to subdivision (b) shall send the complete report if the judgment, settlement agreement, or arbitration award is entered against or paid by the employer of the licensee and not entered against or paid by the licensee. “Employer,” as used in this paragraph, means a professional corporation, a group practice, a health care facility or clinic licensed or exempt from licensure under the Health and Safety Code, a licensed health care service plan, a medical care foundation, an educational institution, a professional institution, a professional school or college, a general law corporation, a public entity, or a nonprofit organization that employs, retains, or contracts with a licensee referred to in this section. Nothing in this paragraph shall be construed to authorize the employment of, or contracting with, any licensee in violation of Section 2400. (d) The report shall be sent to the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board as appropriate, within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto, within 30 days after service of the arbitration award on the parties, or within 30 days after the date of entry of the civil judgment. (e) The entity, person, or licensee required to report under subdivision (b) shall notify the claimant or the claimant’s counsel, if the claimant is represented by counsel, that the report has been sent to the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board. If the claimant or the claimant’s counsel has not received this notice within 45 days after the settlement was reduced to writing and signed by all of the parties or the arbitration award was served on the parties or the date of entry of the civil judgment, the claimant or the claimant’s counsel shall make the report to the appropriate board. (f) Failure to substantially comply with this section is a public offense punishable by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). (g) (1) The Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board may develop a prescribed form for the report. (2) The report shall be deemed complete only if it includes the following information: (A) The name and last known business and residential addresses of every plaintiff or claimant involved in the matter, whether or not the person received an award under the settlement, arbitration, or judgment. (B) The name and last known business and residential addresses of every licensee who was alleged to have acted improperly, whether or not that person was a named defendant in the action and whether or not that person was required to pay any damages pursuant to the settlement, arbitration award, or judgment. (C) The name, address, and principal place of business of every insurer providing professional liability insurance to any person described in subparagraph (B), and the insured’s policy number. (D) The name of the court in which the action or any part of the action was filed, and the date of filing and case number of each action. (E) A description or summary of the facts of each claim, charge, or allegation, including the date of occurrence and the licensee’s role in the care or professional services provided to the patient with respect to those services at issue in the claim or action. (F) The name and last known business address of each attorney who represented a party in the settlement, arbitration, or civil action, including the name of the client the attorney represented. (G) The amount of the judgment, the date of its entry, and a copy of the judgment; the amount of the arbitration award, the date of its service on the parties, and a copy of the award document; or the amount of the settlement and the date it was reduced to writing and signed by all parties and a copy of the settlement agreement. If an otherwise reportable settlement is entered into after a reportable judgment or arbitration award is issued, the report shall include both a copy of the settlement agreement and a copy of the judgment or award. (H) The specialty or subspecialty of the licensee who was the subject of the claim or action. (I) Any other information the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board may, by regulation, require. (3) Every professional liability insurer, self-insured governmental agency, or licensee or the licensee’s counsel that makes a report under this section and has received a copy of any written or electronic patient medical or hospital records prepared by the treating physician and surgeon, podiatrist, or physician assistant, or the staff of the treating physician and surgeon, podiatrist, or hospital, describing the medical condition, history, care, or treatment of the person whose death or injury is the subject of the report, or a copy of any deposition in the matter that discusses the care, treatment, or medical condition of the person, shall include with the report, copies of the records and depositions, subject to reasonable costs to be paid by the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board. If confidentiality is required by court order and, as a result, the reporter is unable to provide the records and depositions, documentation to that effect shall accompany the original report. The applicable board may, upon prior notification of the parties to the action, petition the appropriate court for modification of any protective order to permit disclosure to the board. A professional liability insurer, self-insured governmental agency, or licensee or the licensee’s counsel shall maintain the records and depositions referred to in this paragraph for at least one year from the date of filing of the report required by this section. (h) If the board, within 60 days of its receipt of a report filed under this section, notifies a person named in the report, that person shall maintain for the period of three years from the date of filing of the report any records that person has as to the matter in question and shall make those records available upon request to the board to which the report was sent. (i) Notwithstanding any other provision of law, no insurer shall enter into a settlement without the written consent of the insured, except that this prohibition shall not void any settlement entered into without that written consent. The requirement of written consent shall only be waived by both the insured and the insurer. (j) (1) A state or local governmental agency that self-insures licensees shall, prior to sending a report pursuant to this section, do all of the following with respect to each licensee who will be identified in the report: (A) Before deciding that a licensee will be identified, provide written notice to the licensee that the agency intends to submit a report in which the licensee may be identified, based on the licensee’s role in the care or professional services provided to the patient that were at issue in the claim or action. This notice shall describe the reasons for notifying the licensee. The agency shall include with this notice a reasonable opportunity for the licensee to review a copy of records to be used by the agency in deciding whether to identify the licensee in the report. (B) Provide the licensee with a reasonable opportunity to provide a written response to the agency and written materials in support of the licensee’s position. If the licensee is identified in the report, the agency shall include this response and materials in the report submitted to a board under this section if requested by the licensee. (C) At least 10 days prior to the expiration of the 30-day reporting requirement under subdivision (d), provide the licensee with the opportunity to present arguments to the body that will make the final decision or to that body’s designee. The body shall review the care or professional services provided to the patient with respect to those services at issue in the claim or action and determine the licensee or licensees to be identified in the report and the amount of the settlement to be apportioned to the licensee. (2) Nothing in this subdivision shall be construed to modify either the content of a report required under this section or the timeframe for filing that report. (k) For purposes of this section, “licensee” means a licensee of the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board. (Amended by Stats. 2021, Ch. 649, Sec. 2. (SB 806) Effective January 1, 2022.)
  6. 801.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain government self-insurers must file complete reports about qualifying settlements or arbitration awards within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 801.1. (a) Every state or local governmental agency that self-insures a person who holds a license, certificate, or similar authority from or under any agency specified in subdivision (a) of Section 800 (except a person licensed pursuant to Chapter 3 (commencing with Section 1200) or Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act) shall send a complete report to that agency as to any settlement or arbitration award over three thousand dollars ($3,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (b) Every state or local governmental agency that self-insures a person licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with Section 4990), or Chapter 16 (commencing with Section 4999.10) shall send a complete report to the Board of Behavioral Science Examiners as to any settlement or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or personal injury caused by that person’s negligence, error, or omission in practice, or rendering of unauthorized professional services. The report shall be sent within 30 days after the written settlement agreement has been reduced to writing and signed by all parties thereto or within 30 days after service of the arbitration award on the parties. (Amended by Stats. 2011, Ch. 381, Sec. 7. (SB 146) Effective January 1, 2012.)
  7. 8010.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )

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    Complaints against a specific licensee generally must not be disclosed to the public until an accusation is filed, the licensee is notified, and the disciplinary process proceeds under the cited Government Code chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8010. Information regarding a complaint against a specific licensee may not be disclosed to the public until an accusation has been filed by the board and the licensee has been notified of the filing of the accusation against his or her license and the disciplinary proceedings to be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. This section does not apply to citations, fines, letters of reprimand, or orders of abatement, which shall be disclosed to the public upon notice to the licensee. (Amended by Stats. 2005, Ch. 658, Sec. 30. Effective January 1, 2006.)
  8. 8011.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )

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    The board must adopt, by regulation, a definition of “full-time student” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8011. The board shall promulgate, by regulation, a definition of a “full-time student” for the purposes of this chapter. (Added by Stats. 2001, Ch. 615, Sec. 11. Effective October 9, 2001.)
  9. 8015.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

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    This section says the chapter is intended to set a competency standard for shorthand reporters and protect the public and litigants, and it becomes operative on June 30, 1996.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8015. This chapter is designed to establish and maintain a standard of competency for those engaged in the practice of shorthand reporting, for the protection of the public, in general, and for the protection of all litigants whose rights to personal freedom and property are affected by the competency of shorthand reporters, in particular. This section shall become operative on June 30, 1996. (Amended (as amended by Stats. 1986, Ch. 529, Sec. 4) by Stats. 1990, Ch. 505, Sec. 4. Section operative June 30, 1996, by its own provisions.)
  10. 8016.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

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    Most people may not practice shorthand reporting without a valid board certificate. Certified shorthand reporters must state their full name and license number on the record at the start of a proceeding or similar transcription matter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8016. (a) No person shall engage in the practice of shorthand reporting as defined in this chapter, unless that person is the holder of a certificate in full force and effect issued by the board. This section does not apply to a salaried, full-time employee of any department or agency of the state who is employed as a hearing reporter. (b) (1) A certified shorthand reporter, whether appearing in person or through the use of remote technology, shall state on the record their full name and license number as each appears on their certificate issued by the board, at the beginning of a proceeding, deposition, or other matter for transcription as described in Section 8017. (2) If a certified shorthand reporter is to appear for more than one proceeding or hearing on a court calendar, the requirements of paragraph (1) are satisfied if the reporter provides their full name and license number to the clerk prior to the first proceeding or hearing or meets the requirements of paragraph (1) for the first proceeding. (c) This section shall apply to all persons who are appointed, on and after January 1, 1983, to the position of official reporter or pro tempore official reporter of any court, as defined in the Government Code. (Amended by Stats. 2024, Ch. 587, Sec. 3. (AB 3252) Effective January 1, 2025.)
  11. 8017.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

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    This section defines shorthand reporting and says it does not require a certified shorthand reporter unless another law requires one.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8017. The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law. (Amended by Stats. 2022, Ch. 569, Sec. 4. (AB 156) Effective September 27, 2022.)
  12. 8017.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

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    This section defines “voice writer” and “voice writing” for this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8017.5. For purposes of this article: (a) “Voice writer” means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes. (b) “Voice writing” means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter. (Added by Stats. 2022, Ch. 569, Sec. 5. (AB 156) Effective September 27, 2022.)
  13. 8018.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

    Verify source ↗

    A certified shorthand reporter is a natural person with a valid certificate. Other persons or entities generally may not use that title, the abbreviation “C.S.R.,” or wording that suggests certification, except as allowed by Section 8043.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8018. A natural person who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a “certified shorthand reporter.” Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title “certified shorthand reporter,” or the abbreviation “C.S.R.,” or use any words or symbols indicating or tending to indicate that they are, or it is, certified under this chapter. Use of the words “stenographer,” or “reporter,” or of the phrases “court reporter,” “deposition reporter,” “digital reporter,” or “voice writer,” in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter. (Amended by Stats. 2024, Ch. 587, Sec. 4. (AB 3252) Effective January 1, 2025.)
  14. 8019.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. )

    Verify source ↗

    Violating any provision of this chapter, or helping or conspiring to help someone violate it, is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 2. Application of Chapter [8015 - 8019] ( Article 2 added by Stats. 1953, Ch. 191. ) ## 8019. A violation of any provision of this chapter is a misdemeanor. Any person who directly or indirectly assists in or abets the violation of, or conspires to aid or abet in the violation of, any provision of this chapter, is guilty of a misdemeanor. (Amended by Stats. 1982, Ch. 1265, Sec. 6.)
  15. 802.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Certain uninsured licensees must report qualifying settlement, judgment, or arbitration award claims to the issuing agency within 30 days, and claimant-side counsel may have to file if no report is received within 45 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 802. (a) Every settlement, judgment, or arbitration award over three thousand dollars ($3,000) of a claim or action for damages for death or personal injury caused by negligence, error or omission in practice, or by the unauthorized rendering of professional services, by a person who holds a license, certificate, or other similar authority from an agency specified in subdivision (a) of Section 800 (except a person licensed pursuant to Chapter 3 (commencing with Section 1200) or Chapter 5 (commencing with Section 2000) or the Osteopathic Initiative Act) who does not possess professional liability insurance as to that claim shall, within 30 days after the written settlement agreement has been reduced to writing and signed by all the parties thereto or 30 days after service of the judgment or arbitration award on the parties, be reported to the agency that issued the license, certificate, or similar authority. A complete report shall be made by appropriate means by the person or his or her counsel, with a copy of the communication to be sent to the claimant through his or her counsel if the person is so represented, or directly if he or she is not. If, within 45 days of the conclusion of the written settlement agreement or service of the judgment or arbitration award on the parties, counsel for the claimant (or if the claimant is not represented by counsel, the claimant himself or herself) has not received a copy of the report, he or she shall himself or herself make the complete report. Failure of the licensee or claimant (or, if represented by counsel, their counsel) to comply with this section is a public offense punishable by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500). Knowing and intentional failure to comply with this section or conspiracy or collusion not to comply with this section, or to hinder or impede any other person in the compliance, is a public offense punishable by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000). (b) Every settlement, judgment, or arbitration award over ten thousand dollars ($10,000) of a claim or action for damages for death or personal injury caused by negligence, error or omission in practice, or by the unauthorized rendering of professional services, by a marriage and family therapist, a clinical social worker, or a professional clinical counselor licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with Section 4990), or Chapter 16 (commencing with Section 4999.10), respectively, who does not possess professional liability insurance as to that claim shall within 30 days after the written settlement agreement has been reduced to writing and signed by all the parties thereto or 30 days after service of the judgment or arbitration award on the parties be reported to the agency that issued the license, certificate, or similar authority. A complete report shall be made by appropriate means by the person or his or her counsel, with a copy of the communication to be sent to the claimant through his or her counsel if he or she is so represented, or directly if he or she is not. If, within 45 days of the conclusion of the written settlement agreement or service of the judgment or arbitration award on the parties, counsel for the claimant (or if he or she is not represented by counsel, the claimant himself or herself) has not received a copy of the report, he or she shall himself or herself make a complete report. Failure of the marriage and family therapist, clinical social worker, or professional clinical counselor or claimant (or, if represented by counsel, his or her counsel) to comply with this section is a public offense punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). Knowing and intentional failure to comply with this section, or conspiracy or collusion not to comply with this section or to hinder or impede any other person in that compliance, is a public offense punishable by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000). (Amended by Stats. 2011, Ch. 381, Sec. 8. (SB 146) Effective January 1, 2012.)
  16. 802.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Certain licensed medical professionals must report specified felony charges or convictions to the licensing entity, in writing, within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 802.1. (a) (1) A physician and surgeon, osteopathic physician and surgeon, a doctor of podiatric medicine, and a physician assistant shall report either of the following to the entity that issued his or her license: (A) The bringing of an indictment or information charging a felony against the licensee. (B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor. (2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or information or of the conviction. (b) Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars ($5,000). (Amended by Stats. 2012, Ch. 332, Sec. 3. (SB 1236) Effective January 1, 2013.)
  17. 802.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    A coroner must file a report with specified medical boards when certain pathologist findings suggest a death may involve a physician, podiatrist, or physician assistant’s gross negligence or incompetence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 802.5. (a) When a coroner receives information that is based on findings that were reached by, or documented and approved by a board-certified or board-eligible pathologist indicating that a death may be the result of a physician and surgeon’s, podiatrist’s, or physician assistant’s gross negligence or incompetence, a report shall be filed with the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, or the Physician Assistant Board. The initial report shall include the name of the decedent, date and place of death, attending physicians or podiatrists, and all other relevant information available. The initial report shall be followed, within 90 days, by copies of the coroner’s report, autopsy protocol, and all other relevant information. (b) The report required by this section shall be confidential. No coroner, physician and surgeon, or medical examiner, nor any authorized agent, shall be liable for damages in any civil action as a result of his or her acting in compliance with this section. No board-certified or board-eligible pathologist, nor any authorized agent, shall be liable for damages in any civil action as a result of his or her providing information under subdivision (a). (Amended by Stats. 2012, Ch. 332, Sec. 4. (SB 1236) Effective January 1, 2013.)
  18. 8020.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    People over 18 who meet the stated qualifications can receive a certified shorthand reporter certificate, and applicants may need to prove they qualify before being admitted to the examination.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8020. Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, or has met the examination requirements pursuant to Section 8020.5, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following: (a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records. (b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to “machine shorthand” shall include voice writing. (c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting or voice writing. (d) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. (Amended by Stats. 2024, Ch. 587, Sec. 5. (AB 3252) Effective January 1, 2025.)
  19. 8020.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Applicants must pass all three exam parts within three years, and the board must notify examinees of results.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8020.5. (a) (1) The California state licensing examination shall consist of the following three divisible parts: (A) English. (B) Professional Practice. (C) Dictation/Transcription (Machine/Skill). (2) (A) The passing grades for the Dictation/Transcription part of the examination is 95 percent. (B) (i) The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be determined by the Angoff criterion-referenced method. (ii) The passing scores may vary moderately with changes in test composition. (iii) Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this section are met. (b) The board shall notify each examinee electronically or in writing of their pass or fail examination results. (c) (1) An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination. (2) The three-year period shall begin from the date of the examination or any part of the examination for which the applicant is first scheduled. (d) (1) After a period of four months has elapsed, an applicant may repeat any part of the examination. (2) An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced. (e) Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts. (f) The period of time designated in subdivision (c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances. (g) (1) Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (C) of paragraph (1) of subdivision (a). (2) Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) are subject to the requirements identified under subdivision (a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination. (Amended by Stats. 2025, Ch. 67, Sec. 14. (AB 1170) Effective January 1, 2026.)
  20. 8021.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    The board must hold examinations at least twice a year and may choose the times and places.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8021. Examinations shall be held at least semiannually, and at such times and places as the board may designate. (Added by Stats. 1953, Ch. 191.)
  21. 8022.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Applicants for a certificate must file an application with the executive officer, use the board-prescribed form, and include the required fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8022. (a) Each applicant for a certificate under this chapter shall file an application with the executive officer, on a form as prescribed by the board. The last date to file an application shall be a set number of days as established by the board’s regulations. The application shall be accompanied by the required fee. For purposes of determining the date upon which an application is deemed filed with the executive officer, the date of postmark as affixed by the United States Postal Service, or the date certified by a bona fide private courier service on the envelope containing the application shall control. (b) Nothing in this section shall be construed to limit the board’s authority to seek from any applicant any other information pertinent to the background, education, and experience of the applicant that may be deemed necessary in order to evaluate the applicant’s qualifications and fitness for licensure. (Amended by Stats. 2002, Ch. 1079, Sec. 16. Effective September 29, 2002.)
  22. 8023.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    A certificate cannot be issued until the applicant has passed the examination prescribed by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8023. No certificate shall be issued until the applicant has passed the examination prescribed by the board. (Amended by Stats. 1957, Ch. 665.)
  23. 8023.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    If a certificate applicant comes from a country where English is not the principal language, the board may also examine the applicant’s English-language knowledge.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8023.5. If an applicant for a certificate is from a country where the principal language spoken is one other than English, the board may, in addition to any other examination required by this chapter, examine the applicant on his or her knowledge of the English language. (Amended by Stats. 1991, Ch. 1097, Sec. 5.)
  24. 8024.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Certificates under this section generally last one year and must be renewed on time. Renewal requires an application, payment of the renewal fee, and notice to the board about specified convictions and disciplinary actions. Certified shorthand reporters may only provide services using the methodology shown on their certificate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024. (a) All certificates issued pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed. (b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both. (2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1). (3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both. (4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first. (c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following: (1) Apply for renewal on a form prescribed by the board. (2) Pay the renewal fee prescribed by this chapter. (3) Notify the board whether they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensee’s last renewal. (Amended by Stats. 2022, Ch. 569, Sec. 8. (AB 156) Effective September 27, 2022.)
  25. 8024.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Before a certificate is issued, the applicant must pay the initial certificate fee; the board may issue a short-term interim permit to eligible candidates before that fee is received.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.1. Every person to whom a certificate is issued shall, as a condition precedent to its issuance, and in addition to any other fee which may be payable, pay the initial certificate fee prescribed by this chapter. Prior to receipt of an initial certificate fee, the board may issue an interim permit of a limited duration, but only to candidates eligible for certification under Section 8020. A limited permit shall be valid for 45 days, or until the board issues a certificate to the limited permitholder. If the board issues interim permits, the initial certificate fee, and any other fee that may be payable, shall be paid prior to the issuance of the certificate. (Amended by Stats. 2004, Ch. 865, Sec. 29. Effective January 1, 2005.)
  26. 8024.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Expired certificates may be renewed if the holder follows the renewal steps and pays required fees; renewal is barred if certain monetary sanctions remain unpaid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.2. (a) Except as otherwise provided in this article, a certificate that has expired may be renewed at any time within the period set forth in Section 8024.5 by doing all of the following: (1) Applying for renewal on a form prescribed by the board. (2) Paying the renewal fee prescribed by this chapter. (3) Notifying the board whether the licensee has been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action was taken against the licensee by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal. (b) If the certificate is not renewed within 30 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee set forth in Section 163.5. Renewal under this section shall be effective on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the certificate shall continue in effect through the date provided in Section 8024 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025. (Amended by Stats. 2001, Ch. 616, Sec. 6. Effective January 1, 2002.)
  27. 8024.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    A suspended certificate must be renewed under this article, but the holder cannot use it to do the related work while it stays suspended and before reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.3. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025. (Amended by Stats. 1999, Ch. 983, Sec. 9.3. Effective January 1, 2000.)
  28. 8024.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    A revoked certificate cannot be renewed, and if it is reinstated after expiration the holder must pay a reinstatement fee tied to the renewal fee plus any delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.4. A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation. The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025. (Amended by Stats. 1999, Ch. 983, Sec. 9.4. Effective January 1, 2000.)
  29. 8024.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    If a certificate is not renewed within three years after expiration, it cannot later be renewed or restored. The holder must return the expired certificate to the board and, to get a new certificate, must pay the fees and meet the original certification requirements, including the licensing exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.5. A certificate that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of the certificate shall return the expired certificate to the board. To obtain a new certificate, the holder shall pay all of the fees and meet all of the qualifications and requirements set forth in this chapter for obtaining an original certificate, including qualifying for, taking, and passing the licensing examination. (Amended by Stats. 1997, Ch. 475, Sec. 16. Effective January 1, 1998.)
  30. 8024.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Certificate holders must notify the board in writing within 30 days of a name change or address change, and must submit supporting name-change documents with the notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.6. (a) A certificate holder shall give written notice to the board at its office in Sacramento of a name change within 30 days after each change, giving both the old and the new names. A copy of the legal document affecting the name change, such as a court order or marriage certificate, shall be submitted with the notice. (b) Each certificate holder shall notify the board in writing at its office in Sacramento of a change of address within 30 days after each change, giving both the old and the new addresses. (c) A penalty as provided in this chapter shall be paid by each certificate holder who fails to notify the board within 30 days as specified in this section. Any certificate holder to whom this penalty applies who fails to pay that penalty shall not have their certificate renewed without payment of that penalty, and the board may take disciplinary action. (Amended by Stats. 1999, Ch. 983, Sec. 9.5. Effective January 1, 2000.)
  31. 8024.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    The board must create an inactive license category for shorthand reporters who are not actively practicing. Inactive license holders may not do work that requires a license, must renew on the same schedule as active licenses, and are exempt from continuing education for renewal, unless the board sets a different rule.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.7. The board shall establish an inactive category of licensure for persons who are not actively engaged in the practice of shorthand reporting. (a) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required. (b) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license is exempt from any continuing education requirement for renewal of an active license. (c) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board. (d) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with both of the following: (1) Pay the renewal fee. (2) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board. (Added by Stats. 1994, Ch. 660, Sec. 1. Effective January 1, 1995.)
  32. 8024.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    The board must keep qualification records for certificate holders and treat them equally; public employers may not treat them differently based on how they qualified.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.8. (a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification. (b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units. (c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files. (Added by Stats. 2022, Ch. 569, Sec. 9. (AB 156) Effective September 27, 2022.)
  33. 8024.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    Applicants and certificate holders must provide a valid email address to the board if they have one, and they must tell the board within 30 days if that email changes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8024.9. (a) For purposes of this section, “valid email address” means an email address at which the applicant or certificate holder is currently receiving email regarding their licensed activities at the time the application or renewal is submitted to the board. A personal email address of an applicant or certificate holder shall not be considered a valid email address and is not required to be provided by the applicant or certificate holder. (b) An applicant or renewing certificate holder who has a valid email address shall provide that email address to the board at the time of application or renewal. (c) An applicant or certificate holder shall notify the board within 30 days of any change to their valid email address on file with the board. (d) (1) The board shall inform an applicant or certificate holder, at the time of their application for certification or renewal of their certification, that any valid email address submitted to the board is a public record that is subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) The board may, at its discretion, forward communications to a certificate holder’s valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder. (e) The board shall take reasonable actions to encourage applicants and certificate holders to maintain a valid email address, including by adding a statement to that effect on applications for certification or renewal. (Added by Stats. 2024, Ch. 587, Sec. 7. (AB 3252) Effective January 1, 2025.)
  34. 8025.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    A certificate under this chapter may be suspended, revoked, denied, or otherwise disciplined for listed misconduct or compliance failures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8025. A certificate issued under this chapter may be suspended, revoked, denied, or other disciplinary action may be imposed for one or more of the following causes: (a) Conviction of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter. The record of conviction, or a certified copy thereof, is conclusive evidence of the conviction. (b) Failure to notify the board of a conviction described in subdivision (a), in accordance with Section 8024 or 8024.2. (c) Fraud or misrepresentation resorted to in obtaining a certificate hereunder. (d) Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in or directly related to the practice of shorthand reporting. “Unprofessional conduct” includes, but is not limited to, acts contrary to professional standards concerning confidentiality; impartiality; filing and retention of notes; notifications, availability, delivery, execution and certification of transcripts; and any provision of law substantially related to the duties of a certified shorthand reporter. (e) Repeated unexcused failure, whether or not willful, to transcribe notes of cases pending on appeal and to file the transcripts of those notes within the time required by law or to transcribe or file notes of other proceedings within the time required by law or agreed to by contract. Violation of this subdivision shall also be deemed an act endangering the public health, safety, or welfare within the meaning of Section 494. (f) Loss or destruction of stenographic notes, whether on paper or electronic media, that prevents the production of a transcript due to negligence of the licensee. (g) Failure to comply with, or to pay a monetary sanction imposed by, any court for failure to provide timely transcripts. The record of the court order, or a certified copy thereof, is conclusive evidence that the sanction was imposed. (h) Failure to pay a civil penalty relating to the provision of court reporting services or products. (i) The revocation of, suspension of, or other disciplinary action against a license to act as a certified shorthand reporter by another state. A certified copy of the revocation, suspension, or disciplinary action by the other state is conclusive evidence of that action. (j) Violation of this chapter or the statutes, rules, and regulations pertaining to certified shorthand reporters. (Amended by Stats. 2005, Ch. 658, Sec. 31. Effective January 1, 2006.)
  35. 8025.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    The board may deny, suspend, or revoke certification for a certified shorthand reporter on specified incapacity or substance-abuse grounds, and it may require an examination; missing the examination deadline can trigger automatic suspension or denial.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8025.1. (a) In addition to the causes for discipline or denial of certification set forth in Section 8025, the board may suspend or revoke any certificate, or deny certification, on any of the following grounds: (1) That the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity. (2) That the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol. (b) For purposes of determining the existence or nonexistence of grounds for denial, suspension, or revocation of a license as set forth in this section, the board may, based upon a reasonable belief that grounds exist, require the applicant or licensee to submit to a physical or mental examination or examinations by a licensed physician as designated by the board. Failure to submit to, or to schedule, a physical or mental examination within 10 days of written demand by the board shall result in the automatic suspension of any license or the denial of any application. The denial of an application on any of the grounds set forth in this section shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for the hearing. The hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the licensee failed or refused to submit to the physical or mental examination after being duly ordered to do so by the board. Evidence that the licensee has, since the date of automatic suspension, submitted to a mental or physical examination shall be considered as mitigation of any failure or refusal to comply with the board’s order, and may, in the sound discretion of the administrative law judge, constitute cause to set aside any automatic suspension. A decision shall be rendered by the administrative law judge within 10 days of the hearing and shall constitute the final determination as to the continuing status of any automatic suspension. (c) Following a physical or mental examination pursuant to subdivision (b), the physician conducting the examination shall determine whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol. Where a medical determination is made that an impairment exists, and the finding is reported to the board, the board shall deny any application and any license shall be automatically suspended. The denial of an application on these grounds shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol. (d) For purposes of the hearing conducted pursuant to subdivision (c), the applicant or licensee shall, at a minimum, have the following rights: (1) To be represented by counsel. (2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the record. (3) To call, examine, and cross-examine witnesses. (4) To present and rebut evidence determined to be relevant. (5) To present oral argument. (e) The statutory period governing reapplication for licensure following denial of the application as set forth in Section 486 does not apply to licenses denied under this section. (Amended by Stats. 1994, Ch. 146, Sec. 9. Effective January 1, 1995.)
  36. 8026.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

    Verify source ↗

    The board may suspend or revoke a certified shorthand reporter certificate, or refuse to issue one, after a qualifying conviction and when appeal or probation-related conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8026. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a certified shorthand reporter is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. (Amended by Stats. 1978, Ch. 1161.)
  37. 8027.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

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    This section sets requirements for court reporting schools, including board notice, curriculum approval, recordkeeping, disclosures to students, catalog filings, and pass-rate standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8027. (a) As used in this section, “school” means a court reporter training program or an institution that provides a course of instruction approved by the board and the Bureau for Private Postsecondary Education, is a public school in this state, or is accredited by the Western Association of Schools and Colleges. (b) A court reporting school shall be primarily organized to train students for the practice of shorthand reporting, as defined in Sections 8016 and 8017. Its educational program shall be on the postsecondary or collegiate level. It shall be legally organized and authorized to conduct its program under all applicable laws of the state, and shall conform to and offer all components of the minimum prescribed course of study established by the board. Its records shall be kept and shall be maintained in a manner to render them safe from theft, fire, or other loss. The records shall indicate positive daily and clock-hour attendance of each student for all classes, apprenticeship and graduation reports, high school transcripts or the equivalent or self-certification of high school graduation or the equivalent, transcripts of other education, and student progress to date, including all progress and counseling reports. (c) Any school intending to offer a program in court reporting shall notify the board within 30 days of the date on which it provides notice to, or seeks approval from, the State Department of Education, the Bureau for Private Postsecondary Education, the Office of the Chancellor of the California Community Colleges, or the Western Association of Schools and Colleges, whichever is applicable. The board shall review the proposed curriculum and provide the school tentative approval, or notice of denial, within 60 days of receipt of the notice. The school shall apply for provisional recognition pursuant to subdivision (d) within no more than one year from the date it begins offering court reporting classes. (d) The board may grant provisional recognition to a new court reporting school upon satisfactory evidence that it has met all of the provisions of subdivision (b) and this subdivision. Recognition may be granted by the board to a provisionally recognized school after it has been in continuous operation for a period of no less than three consecutive years from the date provisional recognition was granted, during which period the school shall provide satisfactory evidence that at least one person has successfully completed the entire course of study established by the board and complied with the provisions of Section 8020, and has been issued a certificate to practice shorthand reporting as defined in Sections 8016 and 8017. The board may, for good cause shown, extend the three-year provisional recognition period for not more than one year. Failure to meet the provisions and terms of this section shall require the board to deny recognition. Once granted, recognition may be withdrawn by the board for failure to comply with all applicable laws and regulations. (e) Application for recognition of a court reporting school shall be made upon a form prescribed by the board and shall be accompanied by all evidence, statements, or documents requested. Each branch, extension center, or off-campus facility requires separate application. (f) All recognized and provisionally recognized court reporting schools shall notify the board of any change in school name, address, telephone number, responsible court reporting program manager, owner of private schools, and the effective date thereof, within 30 days of the change. All of these notifications shall be made in writing. (g) A school shall notify the board in writing immediately of the discontinuance or pending discontinuance of its court reporting program or any of the program’s components. Within two years of the date this notice is sent to the board, the school shall discontinue its court reporting program in its entirety. The board may, for good cause shown, grant not more than two one-year extensions of this period to a school. If a student is to be enrolled after this notice is sent to the board, a school shall disclose to the student the fact of the discontinuance or pending discontinuance of its court reporting program or any of its program components. (h) The board shall maintain a roster of currently recognized and provisionally recognized court reporting schools, including, but not limited to, the name, address, telephone number, and the name of the responsible court reporting program manager of each school. (i) The board shall maintain statistics that display the number and passing percentage of all first-time examinees, including, but not limited to, those qualified by each recognized or provisionally recognized school and those first-time examinees qualified by other methods as defined in Section 8020. (j) Inspections and investigations shall be conducted by the board as necessary to carry out this section, including, but not limited to, unannounced site visits. (k) All recognized and provisionally recognized schools shall print in their school or course catalog the name, address, and telephone number of the board. At a minimum, the information shall be in 8-point bold type and include the following statement: “IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA; (ADDRESS); (TELEPHONE NUMBER).” (l) Each court reporting school shall file with the board, not later than June 30 of each year, a current school catalog that shows all course offerings and staff, and for private schools, the owner, except that where there have been no changes to the catalog within the previous year, no catalog need be sent. In addition, each school shall also file with the board a statement certifying whether the school is in compliance with all statutes and the rules and regulations of the board, signed by the responsible court reporting program manager. (m) A school offering court reporting shall not make any written or verbal claims of employment opportunities or potential earnings unless those claims are based on verified data and reflect current employment conditions. (n) If a school offers a course of instruction that exceeds the board’s minimum requirements, the school shall disclose orally and in writing the board’s minimum requirements and how the course of instruction differs from those criteria. The school shall make this disclosure before a prospective student executes an agreement obligating that person to pay any money to the school for the course of instruction. The school shall also make this disclosure to all students enrolled on January 1, 2002. (o) Private and public schools shall provide each prospective student with all of the following and have the prospective student sign a document that shall become part of that individual’s permanent record, acknowledging receipt of each item: (1) A student consumer information brochure published by the board. (2) A list of the school’s graduation requirements, including the number of tests, the pass point of each test, the speed of each test, and the type of test, such as jury charge or literary. (3) A list of requirements to qualify for the state-certified shorthand reporter licensing examination, including the number of tests, the pass point of each test, the speed of each test, and the type of test, such as jury charge or literary, if different than those requirements listed in paragraph (2). (4) A copy of the school’s board-approved benchmarks for satisfactory progress as identified in subdivision (u). (5) A report showing the number of students from the school who qualified for each of the certified shorthand reporter licensing examinations within the preceding two years, the number of those students that passed each examination, the time, as of the date of qualification, that each student was enrolled in court reporting school, and the placement rate for all students that passed each examination. (6) On and after January 1, 2005, the school shall also provide to prospective students the number of hours each currently enrolled student who has qualified to take the next licensing test, exclusive of transfer students, has attended court reporting classes. (p) All enrolled students shall have the information in subdivisions (n) and (o) on file no later than June 30, 2005. (q) Public schools shall provide the information in subdivisions (n) and (o) to each new student the first day they attend theory or machine speed class, if it was not provided previously. (r) Each enrolled student shall be provided written notification of any change in qualification or graduation requirements that is being implemented due to the requirements of any one of the school’s oversight agencies. This notice shall be provided to each affected student at least 30 days before the effective date of the change and shall state the new requirement and the name, address, and telephone number of the agency that is requiring it of the school. Each student shall initial and date a document acknowledging receipt of that information and that document, or a copy thereof, shall be made part of the student’s permanent file. (s) Schools shall make available a comprehensive final examination in each academic subject to any student desiring to challenge an academic class in order to obtain credit towards certification for the state licensing examination. The points required to pass a challenge examination shall not be higher than the minimum points required of other students completing the academic class. (t) An individual serving as a teacher, instructor, or reader shall meet the qualifications specified by regulation for their position. (u) Each school shall provide a substitute teacher or instructor for any class for which the teacher or instructor is absent for two consecutive days or more. (v) The board has the authority to approve or disapprove benchmarks for satisfactory progress which each school shall develop for its court reporting program. Schools shall use only board-approved benchmarks to comply with the provisions of paragraph (4) of subdivision (o) and subdivision (u). (w) Each school shall counsel each student a minimum of one time within each 12-month period to identify the level of attendance and progress, and the prognosis for completing the requirements to become eligible to sit for the state licensing examination. If the student has not progressed in accordance with the board-approved benchmarks for that school, the student shall be counseled a minimum of one additional time within that same 12-month period. (x) The school shall provide to the board, for each student qualifying through the school as eligible to sit for the state licensing examination, the number of hours the student attended court reporting classes, both academic and machine speed classes, including theory. (y) The pass rate of first-time examination takers for each school offering court reporting shall meet or exceed the average pass rate of all first-time test takers for a majority of examinations given for the preceding three years. Failure to do so shall require the board to conduct a review of the program. In addition, the board may place the school on probation and may withdraw recognition if the school continues to place below the above-described standard on the two examinations that follow the three-year period. (z) A school shall not require more than one 10-minute qualifying examination, as defined in the regulations of the board, for a student to be eligible to sit for the state certification examination. (aa) A school shall provide the board the actual number of hours of attendance for each applicant the school qualifies for the state licensing examination. (ab) The board shall, by December 1, 2001, do the following by regulation as necessary: (1) Establish the format that shall be used by schools to report tracking of all attendance hours and actual timeframes for completed coursework. (2) Require schools to provide a minimum of 10 hours of live dictation class each school week for every full-time student. (3) Require schools to provide students with the opportunity to read back from their stenographic notes a minimum of one time each day to their instructor. (4) Require schools to provide students with the opportunity to practice with a school-approved speed-building audio recording, or other assigned material, a minimum of one hour per day after school hours as a homework assignment and provide the notes from this audio recording to their instructor the following day for review. (5) Develop standardization of policies on the use and administration of qualifier examinations by schools. (6) Define qualifier examination as follows: the qualifier examination shall consist of 4-voice testimony of 10-minute duration at 200 words per minute, graded at 95 percent accuracy, and in accordance with the guidelines followed by the board. Schools shall be required to date and number each qualifier and announce the date and number to the students at the time of administering the qualifier. All qualifiers shall indicate the actual dictation time of the test and the school shall catalog and maintain the qualifier for a period of not less than three years for the purpose of inspection by the board. (7) Require schools to develop a program to provide students with the opportunity to interact with professional court reporters to provide skill support, mentoring, or counseling that they can document at least quarterly. (8) Define qualifications and educational requirements required of instructors and readers that read test material and qualifiers. (ac) The board shall adopt regulations to implement the requirements of this section not later than September 1, 2002. (ad) The board may recover costs for any additional expenses incurred under the enactment amending this section in the 2001–02 Regular Session of the Legislature pursuant to its fee authority in Section 8031. (Amended by Stats. 2025, Ch. 592, Sec. 22. (SB 861) Effective January 1, 2026.)
  38. 8027.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. )

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    The board may issue administrative citations or assess fines for violations of board-adopted rules and regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 3. Application, Examination, and Certificate; Requirement and Contents [8020 - 8027.5] ( Heading of Article 3 amended by Stats. 1988, Ch. 1327, Sec. 4. ) ## 8027.5. In addition to the authority to conduct disciplinary proceedings under this chapter, the board, through its duly authorized representatives, shall have authority to issue administrative citations or assess fines for the violation of any rules and regulations adopted by the board under the provisions of this chapter. (Added by Stats. 2001, Ch. 615, Sec. 13. Effective October 9, 2001.)
  39. 803.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    The court clerk must report certain judgments to the licensing agency within 10 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 803. (a) Except as provided in subdivision (b), within 10 days after a judgment by a court of this state that a person who holds a license, certificate, or other similar authority from the Board of Behavioral Sciences or from an agency mentioned in subdivision (a) of Section 800 (except a person licensed pursuant to Chapter 3 (commencing with Section 1200)) has committed a crime, or is liable for any death or personal injury resulting in a judgment for an amount in excess of thirty thousand dollars ($30,000) caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the agency that issued the license, certificate, or other similar authority. (b) For purposes of a physician and surgeon, osteopathic physician and surgeon, doctor of podiatric medicine, or physician assistant, who is liable for any death or personal injury resulting in a judgment of any amount caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the agency that issued the license. (Amended by Stats. 2012, Ch. 332, Sec. 5. (SB 1236) Effective January 1, 2013.)
  40. 803.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    The boards must disclose specified licensee disciplinary and related information to the public, but they cannot disclose the actual dollar amount of a settlement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 803.1. (a) Notwithstanding any other law, the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall disclose to an inquiring member of the public information regarding any enforcement actions taken against a licensee, including a former licensee, by the board or by another state or jurisdiction, including all of the following: (1) Temporary restraining orders issued. (2) Interim suspension orders issued. (3) Revocations, suspensions, probations, or limitations on practice ordered by the board, including those made part of a probationary order or stipulated agreement. (4) Public letters of reprimand issued. (5) Infractions, citations, or fines imposed. (b) Notwithstanding any other law, in addition to the information provided in subdivision (a), the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall disclose to an inquiring member of the public all of the following: (1) Civil judgments in any amount, whether or not vacated by a settlement after entry of the judgment, that were not reversed on appeal and arbitration awards in any amount of a claim or action for damages for death or personal injury caused by the licensee’s negligence, error, or omission in practice, or by rendering unauthorized professional services. (2) (A) All settlements in the possession, custody, or control of the board shall be disclosed for a licensee in the low-risk category if there are three or more settlements for that licensee within the last 10 years, except for settlements by a licensee regardless of the amount paid where (i) the settlement is made as a part of the settlement of a class claim, (ii) the licensee paid in settlement of the class claim the same amount as the other licensees in the same class or similarly situated licensees in the same class, and (iii) the settlement was paid in the context of a case where the complaint that alleged class liability on behalf of the licensee also alleged a products liability class action cause of action. All settlements in the possession, custody, or control of the board shall be disclosed for a licensee in the high-risk category if there are four or more settlements for that licensee within the last 10 years except for settlements by a licensee regardless of the amount paid where (i) the settlement is made as a part of the settlement of a class claim, (ii) the licensee paid in settlement of the class claim the same amount as the other licensees in the same class or similarly situated licensees in the same class, and (iii) the settlement was paid in the context of a case where the complaint that alleged class liability on behalf of the licensee also alleged a products liability class action cause of action. Classification of a licensee in either a “high-risk category” or a “low-risk category” depends upon the specialty or subspecialty practiced by the licensee and the designation assigned to that specialty or subspecialty by the Medical Board of California, as described in subdivision (f). For the purposes of this paragraph, “settlement” means a settlement of an action described in paragraph (1) entered into by the licensee on or after January 1, 2003, in an amount of thirty thousand dollars ($30,000) or more. (B) The board shall not disclose the actual dollar amount of a settlement but shall put the number and amount of the settlement in context by doing the following: (i) Comparing the settlement amount to the experience of other licensees within the same specialty or subspecialty, indicating if it is below average, average, or above average for the most recent 10-year period. (ii) Reporting the number of years the licensee has been in practice. (iii) Reporting the total number of licensees in that specialty or subspecialty, the number of those who have entered into a settlement agreement, and the percentage that number represents of the total number of licensees in the specialty or subspecialty. (3) Current American Board of Medical Specialties certification or board equivalent as certified by the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine. (4) Approved postgraduate training. (5) Status of the license of a licensee. By January 1, 2004, the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine shall adopt regulations defining the status of a licensee. The board shall employ this definition when disclosing the status of a licensee pursuant to Section 2027. (6) Any summaries of hospital disciplinary actions that result in the termination or revocation of a licensee’s staff privileges for medical disciplinary cause or reason, unless a court finds, in a final judgment, that the peer review resulting in the disciplinary action was conducted in bad faith and the licensee notifies the board of that finding. In addition, any exculpatory or explanatory statements submitted by the licentiate electronically pursuant to subdivision (f) of Section 805 shall be disclosed. For purposes of this paragraph, “peer review” has the same meaning as defined in Section 805. (c) Notwithstanding any other law, the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall disclose to an inquiring member of the public information received regarding felony convictions of a licensee. (d) The Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board may formulate appropriate disclaimers or explanatory statements to be included with any information released, and may by regulation establish categories of information that need not be disclosed to an inquiring member of the public because that information is unreliable or not sufficiently related to the licensee’s professional practice. The Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall include the following statement when disclosing information concerning a settlement: “Some studies have shown that there is no significant correlation between malpractice history and a licensee’s competence. At the same time, the State of California believes that consumers should have access to malpractice information. In these profiles, the State of California has given you information about both the malpractice settlement history for the licensee’s specialty and the licensee’s history of settlement payments only if in the last 10 years, the licensee, if in a low-risk specialty, has three or more settlements or the licensee, if in a high-risk specialty, has four or more settlements. The State of California has excluded some class action lawsuits because those cases are commonly related to systems issues such as product liability, rather than questions of individual professional competence and because they are brought on a class basis where the economic incentive for settlement is great. The State of California has placed payment amounts into three statistical categories: below average, average, and above average compared to others in the licensee’s specialty. To make the best health care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a licensee based solely on malpractice history. When considering malpractice data, please keep in mind: Malpractice histories tend to vary by specialty. Some specialties are more likely than others to be the subject of litigation. This report compares licensees only to the members of their specialty, not to all licensees, in order to make an individual licensee’s history more meaningful. This report reflects data only for settlements made on or after January 1, 2003. Moreover, it includes information concerning those settlements for a 10-year period only. Therefore, you should know that a licensee may have made settlements in the 10 years immediately preceding January 1, 2003, that are not included in this report. After January 1, 2013, for licensees practicing less than 10 years, the data covers their total years of practice. You should take into account the effective date of settlement disclosure as well as how long the licensee has been in practice when considering malpractice averages. The incident causing the malpractice claim may have happened years before a payment is finally made. Sometimes, it takes a long time for a malpractice lawsuit to settle. Some licensees work primarily with high-risk patients. These licensees may have malpractice settlement histories that are higher than average because they specialize in cases or patients who are at very high risk for problems. Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the licensee. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred. You may wish to discuss information in this report and the general issue of malpractice with the licensee.” (e) The Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall, by regulation, develop standard terminology that accurately describes the different types of disciplinary filings and actions to take against a licensee as described in paragraphs (1) to (5), inclusive, of subdivision (a). In providing the public with information about a licensee via the internet pursuant to Section 2027, the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall not use the terms “enforcement,” “discipline,” or similar language implying a sanction unless the licensee has been the subject of one of the actions described in paragraphs (1) to (5), inclusive, of subdivision (a). (f) The Medical Board of California shall adopt regulations no later than July 1, 2003, designating each specialty and subspecialty practice area as either high risk or low risk. In promulgating these regulations, the board shall consult with commercial underwriters of medical malpractice insurance companies, health care systems that self-insure physicians and surgeons, and representatives of the California medical specialty societies. The board shall utilize the carriers’ statewide data to establish the two risk categories and the averages required by subparagraph (B) of paragraph (2) of subdivision (b). Prior to issuing regulations, the board shall convene public meetings with the medical malpractice carriers, self-insurers, and specialty representatives. (g) The Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, and the Physician Assistant Board shall provide each licensee, including a former licensee under subdivision (a), with a copy of the text of any proposed public disclosure authorized by this section prior to release of the disclosure to the public. The licensee shall have 10 working days from the date the board provides the copy of the proposed public disclosure to propose corrections of factual inaccuracies. Nothing in this section shall prevent the board from disclosing information to the public prior to the expiration of the 10-day period. (h) Pursuant to subparagraph (A) of paragraph (2) of subdivision (b), the specialty or subspecialty information required by this section shall group licensees by specialty board recognized pursuant to paragraph (5) of subdivision (h) of Section 651 unless a different grouping would be more valid and the board, in its statement of reasons for its regulations, explains why the validity of the grouping would be more valid. (Amended by Stats. 2019, Ch. 456, Sec. 1. (SB 786) Effective January 1, 2020.)
  41. 803.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Prosecuting agencies must promptly notify the relevant licensing boards and court clerk when a felony filing involves a licensee, and the court clerk must send the board a certified conviction record within 48 hours after conviction.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 803.5. (a) The district attorney, city attorney, or other prosecuting agency shall notify the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, the State Board of Chiropractic Examiners, the Physician Assistant Board, or other appropriate allied health board, and the clerk of the court in which the charges have been filed, of any filings against a licensee of that board charging a felony immediately upon obtaining information that the defendant is a licensee of the board. The notice shall identify the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds a license from one of the boards described above. (b) The clerk of the court in which a licensee of one of the boards is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the applicable board. (Amended by Stats. 2012, Ch. 332, Sec. 7. (SB 1236) Effective January 1, 2013.)
  42. 803.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Court clerks must send certain felony preliminary hearing transcripts or notify the appropriate board, and probation officers must send probation reports to the board in specified licensee cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 803.6. (a) The clerk of the court shall transmit any felony preliminary hearing transcript concerning a defendant licensee to the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine, the Physician Assistant Board, or other appropriate allied health board, as applicable, where the total length of the transcript is under 800 pages and shall notify the appropriate board of any proceeding where the transcript exceeds that length. (b) In any case where a probation report on a licensee is prepared for a court pursuant to Section 1203 of the Penal Code, a copy of that report shall be transmitted by the probation officer to the board. (Amended by Stats. 2012, Ch. 332, Sec. 8. (SB 1236) Effective January 1, 2013.)
  43. 8030.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    The board must promptly report all fees and other revenues it receives to the State Controller and deposit them with the State Treasurer for the Court Reporters’ Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030. All fees and other revenues received by the board shall be reported promptly to the State Controller and shall be deposited with the State Treasurer to be placed in the Court Reporters’ Fund, which fund is continued in existence in the State Treasury, and shall be available, upon appropriation by the Legislature, to carry out this chapter. (Amended by Stats. 2019, Ch. 463, Sec. 6. (AB 1520) Effective January 1, 2020.)
  44. 8030.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    The board may use existing resources to publicize the Transcript Reimbursement Fund to prospective applicants through suitable organizations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030.1. The board may use existing resources to undertake efforts to publicize the availability of the Transcript Reimbursement Fund, established pursuant to Section 8030.2, to prospective applicants through appropriate entities serving these applicants, including the State Bar of California, the California Commission on Access to Justice, and the Legal Aid Association of California. These efforts shall be described in the report required by Section 8030.9. (Added by Stats. 2016, Ch. 567, Sec. 3. (AB 2192) Effective January 1, 2017.)
  45. 8030.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    The board must use certain fee revenue to fund and maintain the Transcript Reimbursement Fund, keep it sufficiently funded, and refund some reimbursements when recipients later receive court costs, attorney’s fees, or certain fee-waiver rulings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030.2. (a) (1) To provide shorthand reporting services to low-income litigants in civil cases, who are unable to otherwise afford those services, funds generated by fees received by the board pursuant to subdivision (c) of Section 8031 in excess of funds needed to support the board’s operating budget for the fiscal year in which a transfer described below is made shall be used by the board for the purpose of establishing and maintaining a Transcript Reimbursement Fund. The Transcript Reimbursement Fund shall be funded by a transfer of funds from the Court Reporters’ Fund in the amount of three hundred thousand dollars ($300,000) annually. The board is authorized to transfer funds in increments of one hundred thousand dollars ($100,000) for a total of three hundred thousand dollars ($300,000). Notwithstanding any other provision of this article, a transfer to the Transcript Reimbursement Fund in excess of the fund balance established at the beginning of each fiscal year shall not be made by the board if the transfer will result in the reduction of the balance of the Court Reporters’ Fund to an amount less than six months’ operating budget. (2) If funds are appropriated to the Transcript Reimbursement Fund from a source other than fees received by the board pursuant to subdivision (c) of Section 8031, those funds shall not be subject to the annual transfer limit of three hundred thousand dollars ($300,000) described in paragraph (1). (b) Refunds and unexpended funds that are anticipated to remain in the Transcript Reimbursement Fund at the end of the fiscal year shall be considered by the board in establishing the fee assessment pursuant to Section 8031 so that the assessment shall maintain the level of funding for the Transcript Reimbursement Fund, as specified in subdivision (a), in the following fiscal year. (c) The Transcript Reimbursement Fund is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Transcript Reimbursement Fund are continuously appropriated for the purposes of this chapter. (d) (1) Applicants who have been reimbursed pursuant to this chapter for services provided to litigants and who are awarded court costs or attorney’s fees by judgment or by settlement agreement shall refund the full amount of that reimbursement to the fund within 90 days of receipt of the award or settlement. (2) An applicant appearing pro se who has been reimbursed for services provided to litigants under this chapter shall refund the full amount reimbursed if a court orders the applicant’s fee waiver withdrawn or denied retroactively pursuant to Section 68636 of the Government Code, within 90 days of the court’s order withdrawing or denying the fee waiver. (e) Subject to the limitations of this chapter, the board shall maintain the fund at a level that is sufficient to pay all qualified claims. To accomplish this objective, the board shall utilize all refunds, unexpended funds, fees, and any other moneys received by the board. (f) Notwithstanding Section 16346 of the Government Code, all unencumbered funds remaining in the Transcript Reimbursement Fund as of January 1, 2029, shall be transferred to the Court Reporters’ Fund. (g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 8. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  46. 8030.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    This section defines key terms used in the chapter and says the section will be repealed on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030.4. As used in this chapter: (a) “Applicant” means a qualified legal services project, qualified support center, other qualified project, or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund established by this chapter. The term “applicant” includes an indigent person appearing pro se to represent themselves at any stage of the case and applying to receive funds from the Transcript Reimbursement Fund established in Section 8030.2. (b) “Case” means a single legal proceeding from its inception, through all levels of hearing, trial, and appeal, until its ultimate conclusion and disposition. (c) “Certified shorthand reporter” means a shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) performing shorthand reporting services pursuant to Section 8017. (d) “Developmentally Disabled Assistance Act” means the Developmentally Disabled Assistance and Bill of Rights Act of 1975 (Public Law 94-103), as amended. (e) “Fee-generating case” means any case or matter that, if undertaken on behalf of an eligible client by an attorney in private practice, reasonably may be expected to result in payment of a fee for legal services from an award to a client, from public funds, or from an opposing party. A reasonable expectation as to payment of a legal fee exists wherever a client enters into a contingent fee agreement with the client’s lawyer. If there is no contingent fee agreement, a case is not considered fee generating if adequate representation is deemed to be unavailable because of the occurrence of any of the following circumstances: (1) If the applicant has determined that referral is not possible because of any of the following: (A) The case has been rejected by the local lawyer referral service, or if there is no such service, by two private attorneys who have experience in the subject matter of the case. (B) Neither the referral service nor any lawyer will consider the case without payment of a consultation fee. (C) The case is of the type that private attorneys in the area ordinarily do not accept, or do not accept without prepayment of a fee. (D) Emergency circumstances compel immediate action before referral can be made, but the client is advised that, if appropriate and consistent with professional responsibility, referral will be attempted at a later time. (2) If recovery of damages is not the principal object of the case and a request for damages is merely ancillary to an action for equitable or other nonpecuniary relief or inclusion of a counterclaim requesting damages is necessary for effective defense or because of applicable rules governing joinder of counterclaims. (3) If a court appoints an applicant or an employee of an applicant pursuant to a statute or a court rule or practice of equal applicability to all attorneys in the jurisdiction. (4) In any case involving the rights of a claimant under a public-supported benefit program for which entitlement to benefit is based on need. (f) (1) “Indigent person” means any of the following: (A) A person whose income is 125 percent or less of the current poverty threshold established by the United States Office of Management and Budget. (B) A person who is eligible for supplemental security income. (C) A person who is eligible for, or receiving, free services under the federal Older Americans Act or the Developmentally Disabled Assistance Act. (D) A person whose income is 75 percent or less of the maximum level of income for lower income households as defined in Section 50079.5 of the Health and Safety Code, for purposes of a program that provides legal assistance by an attorney in private practice on a pro bono basis. (E) A person who qualifies for a waiver of fees pursuant to Section 68632 of the Government Code. (2) For the purposes of this subdivision, the income of a person who is disabled shall be determined after deducting the costs of medical and other disability-related special expenses. (g) “Lawyer referral service” means a lawyer referral program authorized by the State Bar of California pursuant to the rules of professional conduct. (h) “Legal Services Corporation” means the Legal Services Corporation established under the Legal Services Corporation Act of 1974 (Public Law 93-355), as amended. (i) “Older Americans Act” means the Older Americans Act of 1965 (Public Law 89-73), as amended. (j) “Other qualified project” means a nonprofit organization formed for charitable or other public purposes, that does not receive funds from the Legal Services Corporation or pursuant to the federal Older Americans Act, and provides free legal services to indigent persons. (k) “Pro bono attorney” means any attorney, law firm, or legal corporation, licensed to practice law in this state, that undertakes, without charge to the party, the representation of an indigent person, referred by a qualified legal services project, qualified support center, or other qualified project, in a case not considered to be fee generating, as defined in this chapter. (l) “Qualified legal services project” means a nonprofit project, incorporated and operated exclusively in California, that provides as its primary purpose and function legal services without charge to indigent persons, has a board of directors or advisory board composed of both attorneys and consumers of legal services, and provides for community participation in legal services programming. A legal services project funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter. (m) “Qualified support center” means an incorporated nonprofit legal services center that has an office or offices in California that provide legal services or technical assistance without charge to qualified legal services projects and their clients on a multicounty basis in California. A support center funded, either in whole or in part, by the Legal Services Corporation or with the federal Older Americans Act funds is presumed to be a qualified legal services project for the purposes of this chapter. (n) “Rules of professional conduct” means those rules adopted by the State Bar of California pursuant to Sections 6076 and 6077. (o) “Supplemental security income recipient” means an individual receiving or eligible to receive payments under Title XVI of the Social Security Act (Public Law 92-603), as amended, or payment under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. (p) “Vexatious litigant” means a person as defined in subdivision (b) of Section 391 of the Code of Civil Procedure. (q) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 9. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  47. 8030.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    The board pays qualifying transcript costs from the Transcript Reimbursement Fund, subject to application, documentation, timing, and payment caps.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030.6. (a) The board shall disburse funds from the Transcript Reimbursement Fund for the costs, exclusive of per diem charges by official reporters, of preparing either an original transcript and one copy thereof, or where appropriate, a copy of the transcript, of court or deposition proceedings, or both, incurred as a contractual obligation between the shorthand reporter and the applicant, for litigation conducted in California. If there is no deposition transcript, the board may reimburse the applicant or the certified shorthand reporter designated in the application for per diem costs. The rate of per diem for depositions shall not exceed seventy-five dollars ($75) for one-half day, or one hundred twenty-five dollars ($125) for a full day. If a transcript is ordered within one year of the date of the deposition, but subsequent to the per diem having been reimbursed by the Transcript Reimbursement Fund, the amount of the per diem shall be deducted from the regular customary charges for a transcript. Reimbursement may be obtained pursuant to the following provisions: (1) The applicant or certified shorthand reporter shall promptly submit to the board the certified shorthand reporter’s invoice for transcripts together with the appropriate documentation as is required by this chapter. (2) Except as provided in paragraph (3), the board shall promptly determine if the applicant or the certified shorthand reporter is entitled to reimbursement under this chapter and shall make payment as follows: (A) Regular customary charges for preparation of original deposition transcripts and one copy thereof, or a copy of the transcripts. (B) Regular customary charges for expedited deposition transcripts up to a maximum of two thousand five hundred dollars ($2,500) per case. (C) Regular customary charges for the preparation of original transcripts and one copy thereof, or a copy of transcripts of court proceedings. (D) Regular customary charges for expedited or daily charges for preparation of original transcripts and one copy thereof or a copy of transcripts of court proceedings. (E) The charges shall not include notary or handling fees. The charges may include actual shipping costs and exhibits, except that the cost of exhibits may not exceed thirty-five cents ($0.35) each or a total of thirty-five dollars ($35) per transcript. (3) The maximum amount reimbursable by the fund under paragraph (2) shall not exceed thirty thousand dollars ($30,000) per case per year. (4) A vexatious litigant shall be ineligible to receive funds from the Transcript Reimbursement Fund. However, a vexatious litigant may become eligible to receive funds if the vexatious litigant is no longer subject to the provisions of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure pursuant to Section 391.8 of the Code of Civil Procedure. (5) Disbursements to cover the costs of providing transcripts to all applicants appearing pro se pursuant to this section shall not exceed two thousand five hundred dollars ($2,500) per case. (6) If entitled, and funds are available, the board shall disburse the appropriate sum to the applicant or the certified shorthand reporter when the documentation described in Section 8030.8 accompanies the application. A notice shall be sent to the recipient requiring the recipient to file a notice with the court in which the action is pending stating the sum of reimbursement paid pursuant to this section. The notice filed with the court shall also state that if the sum is subsequently included in any award of costs made in the action, that the sum is to be ordered refunded by the applicant to the Transcript Reimbursement Fund whenever the sum is actually recovered as costs. The court shall not consider whether payment has been made from the Transcript Reimbursement Fund in determining the appropriateness of any award of costs to the parties. The board shall also notify the applicant that the reimbursed sum has been paid to the certified shorthand reporter and shall notify the applicant of the duty to refund any of the sum actually recovered as costs in the action. (7) If not entitled, the board shall return a copy of the invoice to the applicant and the designated certified shorthand reporter together with a notice stating the grounds for denial. (8) The board shall complete its actions under this section within 30 days of receipt of the invoice and all required documentation, including a completed application. (9) Applications for reimbursements from the fund shall be filed on a first-come-first-served basis. (10) Applications for reimbursement that cannot be paid from the fund due to insufficiency of the fund for that fiscal year shall be held over until the next fiscal year to be paid out of the renewed fund. Applications held over shall be given a priority standing in the next fiscal year. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 10. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  48. 8030.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    This section says what paperwork is enough to support reimbursement from the Transcript Reimbursement Fund and allows the board to prescribe forms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8030.8. (a) For purposes of this chapter, documentation accompanying an invoice is sufficient to establish entitlement for reimbursement from the Transcript Reimbursement Fund if it is filed with the executive officer on an application form prescribed by the board that is complete in all respects, and that establishes all of the following: (1) The case name and number and that the litigant or litigants requesting the reimbursement are indigent persons. If the applicant is an indigent person appearing pro se the application shall be accompanied by a copy of the fee waiver form approved by the court in the matter for which the applicant seeks reimbursement. (2) The applicant is qualified under the provisions of this chapter. (3) The case is not a fee-generating case, as defined in Section 8030.4. (4) The invoice or other documentation shall evidence that the certified shorthand reporter to be reimbursed was, at the time the services were rendered, a duly licensed certified shorthand reporter. (5) The invoice shall be accompanied by a statement, signed by the applicant, stating that the charges are for transcripts actually provided as indicated on the invoice. (6) The applicant has acknowledged, in writing, that as a condition of entitlement for reimbursement that the applicant agrees to refund the entire amount disbursed from the Transcript Reimbursement Fund from any costs or attorney’s fees awarded to the applicant by the court or provided for in any settlement agreement in the case. (7) The certified shorthand reporter’s invoice for transcripts shall include separate itemizations of charges claimed, as follows: (A) Total charges and rates for customary services in preparation of an original transcript and one copy or a copy of the transcript of depositions. (B) Total charges and rates for expedited deposition transcripts. (C) Total charges and rates in connection with transcription of court proceedings. (b) For an applicant claiming to be eligible pursuant to subdivision (j), (l), or (m) of Section 8030.4, a letter from the director of the project or center, certifying that the project or center meets the standards set forth in one of those subdivisions and that the litigant or litigants are indigent persons, is sufficient documentation to establish eligibility. (c) For an applicant claiming to be eligible pursuant to subdivision (k) of Section 8030.4, a letter certifying that the applicant meets the requirements of that subdivision, that the case is not a fee-generating case, as defined in subdivision (e) of Section 8030.4, and that the litigant or litigants are indigent persons, together with a letter from the director of a project or center defined in subdivision (j), (l), or (m) of Section 8030.4 certifying that the litigant or litigants had been referred by that project or center to the applicant, is sufficient documentation to establish eligibility. (d) The applicant may receive reimbursement directly from the board if the applicant has previously paid the certified shorthand reporter for transcripts as provided in Section 8030.6. To receive payment directly, the applicant shall submit, in addition to all other required documentation, an itemized statement signed by the certified shorthand reporter performing the services that describes payment for transcripts in accordance with the requirements of Section 8030.6. (e) The board may prescribe appropriate forms to be used by applicants and certified shorthand reporters to facilitate these requirements. (f) This chapter does not restrict the contractual obligation or payment for services, including, but not limited to, billing the applicant directly, during the pendency of the claim. (g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 11. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  49. 8031.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. )

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    This section sets the board-controlled fee schedule for shorthand reporter applications, examinations, certificates, renewals, duplicates, and a late-notice penalty, and gives a limited exemption for certain state-employed hearing reporters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 4. Revenue [8030 - 8031] ( Article 4 added by Stats. 1953, Ch. 191. ) ## 8031. The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule: (a) The fee for filing an application for each examination shall be no more than forty dollars ($40). (b) The fee for examination and reexamination for each of the written or practical parts of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration. (c) The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire. (d) By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than two hundred fifty dollars ($250) nor less than ten dollars ($10) annually, with the following exception: Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee. (e) The duplicate certificate fee shall be no greater than ten dollars ($10). (f) The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50). (Amended by Stats. 2019, Ch. 463, Sec. 12. (AB 1520) Effective January 1, 2020.)
  50. 804.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Reporting agencies may prescribe a report form, and certain required reports count as complete only if they include specified information. Named report subjects notified within 60 days must keep related records for three years and provide them on request to the filing agency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 804. (a) Any agency to whom reports are to be sent under Section 801, 801.1, 802, or 803, may develop a prescribed form for the making of the reports, usage of which it may, but need not, by regulation, require in all cases. (b) A report required to be made by Sections 801, 801.1, or 802 shall be deemed complete only if it includes the following information: (1) the name and last known business and residential addresses of every plaintiff or claimant involved in the matter, whether or not each plaintiff or claimant recovered anything; (2) the name and last known business and residential addresses of every physician or provider of health care services who was claimed or alleged to have acted improperly, whether or not that person was a named defendant and whether or not any recovery or judgment was had against that person; (3) the name, address, and principal place of business of every insurer providing professional liability insurance as to any person named in (2), and the insured’s policy number; (4) the name of the court in which the action or any part of the action was filed along with the date of filing and docket number of each action; (5) a brief description or summary of the facts upon which each claim, charge or judgment rested including the date of occurrence; (6) the names and last known business and residential addresses of every person who acted as counsel for any party in the litigation or negotiations, along with an identification of the party whom said person represented; (7) the date and amount of final judgment or settlement; and (8) any other information the agency to whom the reports are to be sent may, by regulation, require. (c) Every person named in the report, who is notified by the board within 60 days of the filing of the report, shall maintain for the period of three years from the filing of the report any records he or she has as to the matter in question and shall make those available upon request to the agency with which the report was filed. (Amended by Stats. 2006, Ch. 223, Sec. 14. Effective January 1, 2007.)
  51. 804.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Entities offering patient safety, risk management, or early intervention programs to patients must not include contract or program terms that stop patients from contacting, cooperating with, or शिकायत filing with the Medical Board, or that require withdrawal of a board complaint.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 804.5. The Legislature recognizes that various types of entities are creating, implementing, and maintaining patient safety and risk management programs that encourage early intervention in order to address known complications and other unanticipated events requiring medical care. The Legislature recognizes that some entities even provide financial assistance to individual patients to help them address these unforeseen health care concerns. It is the intent of the Legislature, however, that such financial assistance not limit a patient’s interaction with, or his or her rights before, the Medical Board of California. Any entity that provides early intervention, patient safety, or risk management programs to patients, or contracts for those programs for patients, shall not include, as part of any of those programs or contracts, any of the following: (a) A provision that prohibits a patient or patients from contacting or cooperating with the board. (b) A provision that prohibits a patient or patients from filing a complaint with the board. (c) A provision that requires a patient or patients to withdraw a complaint that has been filed with the board. (Added by Stats. 2009, Ch. 505, Sec. 2. (AB 1070) Effective January 1, 2010.)
  52. 8040.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    A shorthand reporting corporation may render professional services if the corporation and relevant certified shorthand reporter shareholders, officers, directors, and employees comply with the listed laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8040. A shorthand reporting corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, as long as that corporation and all of its shareholders, officers, directors, and employees rendering professional services who are certified shorthand reporters are in compliance with the Moscone-Knox Professional Corporation Act, this article, and all other statutes and regulations now or hereafter enacted or adopted pertaining to that corporation and the conduct of its officers. With respect to a shorthand reporting corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Court Reporters Board of California. (Amended by Stats. 1994, Ch. 26, Sec. 216. Effective March 30, 1994.)
  53. 8042.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8042. It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly or indirectly, or assist in or abet the violation of, or conspire to violate any provision or term of this article, the Moscone-Knox Professional Corporation Act, or any regulations duly adopted under those laws. (Repealed and added by Stats. 1992, Ch. 1289, Sec. 48. Effective January 1, 1993.)
  54. 8043.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    A shorthand reporting corporation must use a permitted name format when naming itself or when using any name to provide professional services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8043. The name of a shorthand reporting corporation and any name or names under which it may be rendering professional services shall contain and be restricted to the name or the last name of one or more of the present, prospective, or former shareholders or of persons who were associated with a predecessor person, partnership, corporation or other organization and whose name or names appeared in the name of such predecessor organization, and shall include either (a) the words “shorthand reporting corporation;” (b) the title “certified shorthand reporter,” or the abbreviation “C.S.R.,” and wording or abbreviations denoting corporate existence; or (c) the words “a professional corporation.” (Added by Stats. 1972, Ch. 1306.)
  55. 8044.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

    Verify source ↗

    Directors, shareholders, and officers of a shorthand reporting corporation must be licensed persons, unless Section 13403 of the Corporations Code provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8044. Except as provided in Section 13403 of the Corporations Code, each director, shareholder, and officer of a shorthand reporting corporation shall be a licensed person as defined by Section 13401 of the Corporations Code. (Added by Stats. 1972, Ch. 1306.)
  56. 8045.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    Income from certain professional services may not benefit a shareholder when the shareholder is a disqualified person.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8045. The income of a shorthand reporting corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined by Section 13401 of the Corporations Code, shall not in any manner accrue to the benefit of such shareholder for his shares in the shorthand reporting corporation. (Added by Stats. 1972, Ch. 1306.)
  57. 8046.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    A shorthand reporting corporation must not engage in conduct that would be unprofessional conduct under applicable shorthand reporting laws, rules, or regulations, and must comply with those rules like a licensed person.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8046. A shorthand reporting corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect which pertains to shorthand reporters or shorthand reporting. In conducting its practice it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a license under this chapter. (Amended by Stats. 1992, Ch. 1289, Sec. 49. Effective January 1, 1993.)
  58. 8047.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    The board may make and enforce rules for shorthand reporting corporations, including rules requiring stock owned by disqualified or deceased persons to be sold, and requiring security for client claims as a condition of getting a certificate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8047. The board may formulate and enforce rules and regulations to carry out the provisions of this article, including rules and regulations requiring (a) that the articles of incorporation or bylaws of a shorthand reporting corporation shall include a provision whereby the capital stock of such corporation owned by a disqualified person, as defined by Section 13401 of the Corporations Code, or a deceased person shall be sold to the corporation or the remaining shareholders within such time as such rules and regulations may provide; and (b) that a shorthand reporting corporation as a condition of obtaining a certificate pursuant to the Moscone-Knox Professional Corporation Act and this article shall provide adequate security by insurance or otherwise for claims against it by its clients for errors and omissions arising out of the rendering of professional services. (Added by Stats. 1972, Ch. 1306.)
  59. 805.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    This section requires specified health care and peer review officials to file an 805 report with the relevant agency within 15 days after certain peer-review actions, and it sets reporting, notice, confidentiality, retention, and penalty rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805. (a) As used in this section, the following terms have the following definitions: (1) (A) “Peer review” means both of the following: (i) A process in which a peer review body reviews the basic qualifications, staff privileges, employment, medical outcomes, or professional conduct of licentiates to make recommendations for quality improvement and education, if necessary, in order to do either or both of the following: (I) Determine whether a licentiate may practice or continue to practice in a health care facility, clinic, or other setting providing medical services, and, if so, to determine the parameters of that practice. (II) Assess and improve the quality of care rendered in a health care facility, clinic, or other setting providing medical services. (ii) Any other activities of a peer review body as specified in subparagraph (B). (B) “Peer review body” includes: (i) A medical or professional staff of any health care facility or clinic licensed under Division 2 (commencing with Section 1200) of the Health and Safety Code or of a facility certified to participate in the federal Medicare program as an ambulatory surgical center. (ii) A health care service plan licensed under Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code or a disability insurer that contracts with licentiates to provide services at alternative rates of payment pursuant to Section 10133 of the Insurance Code. (iii) Any medical, psychological, marriage and family therapy, social work, professional clinical counselor, dental, midwifery, or podiatric professional society having as members at least 25 percent of the eligible licentiates in the area in which it functions (which must include at least one county), which is not organized for profit and which has been determined to be exempt from taxes pursuant to Section 23701 of the Revenue and Taxation Code. (iv) A committee organized by any entity consisting of or employing more than 25 licentiates of the same class that functions for the purpose of reviewing the quality of professional care provided by members or employees of that entity. (2) “Licentiate” means a physician and surgeon, doctor of podiatric medicine, clinical psychologist, marriage and family therapist, clinical social worker, professional clinical counselor, dentist, licensed midwife, physician assistant, or nurse practitioner practicing pursuant to Section 2837.103 or 2837.104. “Licentiate” also includes a person authorized to practice medicine pursuant to Section 2113 or 2168. (3) “Agency” means the relevant state licensing agency having regulatory jurisdiction over the licentiates listed in paragraph (2). (4) “Staff privileges” means any arrangement under which a licentiate is allowed to practice in or provide care for patients in a health facility. Those arrangements shall include, but are not limited to, full staff privileges, active staff privileges, limited staff privileges, auxiliary staff privileges, provisional staff privileges, temporary staff privileges, courtesy staff privileges, locum tenens arrangements, and contractual arrangements to provide professional services, including, but not limited to, arrangements to provide outpatient services. (5) “Denial or termination of staff privileges, membership, or employment” includes failure or refusal to renew a contract or to renew, extend, or reestablish any staff privileges, if the action is based on medical disciplinary cause or reason. (6) “Medical disciplinary cause or reason” means that aspect of a licentiate’s competence or professional conduct that is reasonably likely to be detrimental to patient safety or to the delivery of patient care. (7) “805 report” means the written report required under subdivision (b). (b) The chief of staff of a medical or professional staff or other chief executive officer, medical director, or administrator of any peer review body and the chief executive officer or administrator of any licensed health care facility or clinic shall file an 805 report with the relevant agency within 15 days after the effective date on which any of the following occur as a result of an action of a peer review body: (1) A licentiate’s application for staff privileges or membership is denied or rejected for a medical disciplinary cause or reason. (2) A licentiate’s membership, staff privileges, or employment is terminated or revoked for a medical disciplinary cause or reason. (3) Restrictions are imposed, or voluntarily accepted, on staff privileges, membership, or employment for a cumulative total of 30 days or more for any 12-month period, for a medical disciplinary cause or reason. (c) If a licentiate takes any action listed in paragraph (1), (2), or (3) after receiving notice of a pending investigation initiated for a medical disciplinary cause or reason or after receiving notice that their application for membership or staff privileges is denied or will be denied for a medical disciplinary cause or reason, the chief of staff of a medical or professional staff or other chief executive officer, medical director, or administrator of any peer review body and the chief executive officer or administrator of any licensed health care facility or clinic where the licentiate is employed or has staff privileges or membership or where the licentiate applied for staff privileges or membership, or sought the renewal thereof, shall file an 805 report with the relevant agency within 15 days after the licentiate takes the action. (1) Resigns or takes a leave of absence from membership, staff privileges, or employment. (2) Withdraws or abandons their application for staff privileges or membership. (3) Withdraws or abandons their request for renewal of staff privileges or membership. (d) For purposes of filing an 805 report, the signature of at least one of the individuals indicated in subdivision (b) or (c) on the completed form shall constitute compliance with the requirement to file the report. (e) An 805 report shall also be filed within 15 days following the imposition of summary suspension of staff privileges, membership, or employment, if the summary suspension remains in effect for a period in excess of 14 days. (f) (1) A copy of the 805 report, and a notice advising the licentiate of their right to submit additional statements or other information, electronically or otherwise, pursuant to Section 800, shall be sent by the peer review body to the licentiate named in the report. The notice shall also advise the licentiate that information submitted electronically will be publicly disclosed to those who request the information. (2) The information to be reported in an 805 report shall include the name and license number of the licentiate involved, a description of the facts and circumstances of the medical disciplinary cause or reason, and any other relevant information deemed appropriate by the reporter. (3) A supplemental report shall also be made within 30 days following the date the licentiate is deemed to have satisfied any terms, conditions, or sanctions imposed as disciplinary action by the reporting peer review body. In performing its dissemination functions required by Section 805.5, the agency shall include a copy of a supplemental report, if any, whenever it furnishes a copy of the original 805 report. (4) If another peer review body is required to file an 805 report, a health care service plan is not required to file a separate report with respect to action attributable to the same medical disciplinary cause or reason. If the Medical Board of California or a licensing agency of another state revokes or suspends, without a stay, the license of a physician and surgeon, a peer review body is not required to file an 805 report when it takes an action as a result of the revocation or suspension. If the California Board of Podiatric Medicine or a licensing agency of another state revokes or suspends, without a stay, the license of a doctor of podiatric medicine, a peer review body is not required to file an 805 report when it takes an action as a result of the revocation or suspension. If the Board of Registered Nursing or a licensing agency of another state revokes or suspends, without a stay, the license of a nurse practitioner, a peer review body is not required to file an 805 report when it takes an action as a result of the revocation or suspension. (g) The reporting required by this section shall not act as a waiver of confidentiality of medical records and committee reports. The information reported or disclosed shall be kept confidential except as provided in subdivision (c) of Section 800 and Sections 803.1 and 2027, provided that a copy of the report containing the information required by this section may be disclosed as required by Section 805.5 with respect to reports received on or after January 1, 1976. (h) The Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, the Dental Board of California, and the Board of Registered Nursing shall disclose reports as required by Section 805.5. (i) An 805 report shall be maintained electronically by an agency for dissemination purposes for a period of three years after receipt. (j) No person shall incur any civil or criminal liability as the result of making any report required by this section. (k) A willful failure to file an 805 report by any person who is designated or otherwise required by law to file an 805 report is punishable by a fine not to exceed one hundred thousand dollars ($100,000) per violation. The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the person regarding whom the report was or should have been filed. If the person who is designated or otherwise required to file an 805 report is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. If the person who is designated or otherwise required to file an 805 report is a licensed doctor of podiatric medicine, the action or proceeding shall be brought by the California Board of Podiatric Medicine. If the person who is designated or otherwise required to file an 805 report is a licensed nurse practitioner, the action or proceeding shall be brought by the Board of Registered Nursing. The fine shall be paid to that agency but not expended until appropriated by the Legislature. A violation of this subdivision may constitute unprofessional conduct by the licentiate. A person who is alleged to have violated this subdivision may assert any defense available at law. As used in this subdivision, “willful” means a voluntary and intentional violation of a known legal duty. (l) Except as otherwise provided in subdivision (k), any failure by the administrator of any peer review body, the chief executive officer or administrator of any health care facility, or any person who is designated or otherwise required by law to file an 805 report, shall be punishable by a fine that under no circumstances shall exceed fifty thousand dollars ($50,000) per violation. The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the person regarding whom the report was or should have been filed. If the person who is designated or otherwise required to file an 805 report is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. If the person who is designated or otherwise required to file an 805 report is a licensed doctor of podiatric medicine, the action or proceeding shall be brought by the California Board of Podiatric Medicine. If the person who is designated or otherwise required to file an 805 report is a licensed nurse practitioner, the action or proceeding shall be brought by the Board of Registered Nursing. The fine shall be paid to that agency but not expended until appropriated by the Legislature. The amount of the fine imposed, not exceeding fifty thousand dollars ($50,000) per violation, shall be proportional to the severity of the failure to report and shall differ based upon written findings, including whether the failure to file caused harm to a patient or created a risk to patient safety; whether the administrator of any peer review body, the chief executive officer or administrator of any health care facility, or any person who is designated or otherwise required by law to file an 805 report exercised due diligence despite the failure to file or whether they knew or should have known that an 805 report would not be filed; and whether there has been a prior failure to file an 805 report. The amount of the fine imposed may also differ based on whether a health care facility is a small or rural hospital as defined in Section 124840 of the Health and Safety Code. (m) A health care service plan licensed under Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code or a disability insurer that negotiates and enters into a contract with licentiates to provide services at alternative rates of payment pursuant to Section 10133 of the Insurance Code, when determining participation with the plan or insurer, shall evaluate, on a case-by-case basis, licentiates who are the subject of an 805 report, and not automatically exclude or deselect these licentiates. (Amended by Stats. 2020, Ch. 265, Sec. 2. (AB 890) Effective January 1, 2021.)
  60. 805.01.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain health care and peer review officials must report specified disciplinary matters to the relevant agency within 15 days, and the licentiate must be notified and allowed to submit explanatory or exculpatory statements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.01. (a) As used in this section, the following terms have the following definitions: (1) “Agency” has the same meaning as defined in Section 805. (2) “Formal investigation” means an investigation performed by a peer review body based on an allegation that any of the acts listed in paragraphs (1) to (4), inclusive, of subdivision (b) occurred. (3) “Licentiate” has the same meaning as defined in Section 805. (4) “Peer review body” has the same meaning as defined in Section 805. (b) The chief of staff of a medical or professional staff or other chief executive officer, medical director, or administrator of any peer review body and the chief executive officer or administrator of any licensed health care facility or clinic shall file a report with the relevant agency within 15 days after a peer review body makes a final decision or recommendation regarding the disciplinary action, as specified in subdivision (b) of Section 805, resulting in a final proposed action to be taken against a licentiate based on the peer review body’s determination, following formal investigation of the licentiate, that any of the acts listed in paragraphs (1) to (4), inclusive, may have occurred, regardless of whether a hearing is held pursuant to Section 809.2. The licentiate shall receive a notice of the proposed action as set forth in Section 809.1, which shall also include a notice advising the licentiate of the right to submit additional explanatory or exculpatory statements electronically or otherwise. (1) Incompetence, or gross or repeated deviation from the standard of care involving death or serious bodily injury to one or more patients, to the extent or in such a manner as to be dangerous or injurious to any person or to the public. This paragraph shall not be construed to affect or require the imposition of immediate suspension pursuant to Section 809.5. (2) The use of, or prescribing for or administering to himself or herself, any controlled substance; or the use of any dangerous drug, as defined in Section 4022, or of alcoholic beverages, to the extent or in such a manner as to be dangerous or injurious to the licentiate, any other person, or the public, or to the extent that such use impairs the ability of the licentiate to practice safely. (3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith effort prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain, consistent with lawful prescribing, be reported for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions. (4) Sexual misconduct with one or more patients during a course of treatment or an examination. (c) The relevant agency shall be entitled to inspect and copy the following documents in the record of any formal investigation required to be reported pursuant to subdivision (b): (1) Any statement of charges. (2) Any document, medical chart, or exhibit. (3) Any opinions, findings, or conclusions. (4) Any certified copy of medical records, as permitted by other applicable law. (d) The report provided pursuant to subdivision (b) and the information disclosed pursuant to subdivision (c) shall be kept confidential and shall not be subject to discovery, except that the information may be reviewed as provided in subdivision (c) of Section 800 and may be disclosed in any subsequent disciplinary hearing conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (e) The report required under this section shall be in addition to any report required under Section 805. (f) A peer review body shall not be required to make a report pursuant to this section if that body does not make a final decision or recommendation regarding the disciplinary action to be taken against a licentiate based on the body’s determination that any of the acts listed in paragraphs (1) to (4), inclusive, of subdivision (b) may have occurred. (g) A willful failure to file a report pursuant to this section by any person who is designated or otherwise required by law to file a report is punishable by a fine not to exceed one hundred thousand dollars ($100,000) per violation. The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the person who filed or should have filed the report. If the person who is designated or otherwise required to file a report is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. The fine shall be paid to that agency. A violation of this subdivision may constitute unprofessional conduct by the licentiate. A person who is alleged to have violated this subdivision may assert any defense available at law. As used in this subdivision, “willful” means a voluntary and intentional violation of a known legal duty. (h) Except as otherwise provided in subdivision (g), any failure by the administrator of any peer review body, the chief executive officer or administrator of any health care facility, or any person who is designated or otherwise required by law to file a report pursuant to this section, shall be punishable by a fine that under no circumstances shall exceed fifty thousand dollars ($50,000) per violation. The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the person who filed or should have filed the report. If the person who is designated or otherwise required to file a report is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. The fine shall be paid to that agency. The amount of the fine imposed, not exceeding fifty thousand dollars ($50,000) per violation, shall be proportional to the severity of the failure to report and shall differ based upon written findings, including (i) whether the failure to file caused harm to a patient or created a risk to patient safety, (ii) whether the administrator of any peer review body, the chief executive officer or administrator of any health care facility, or any person who is designated or otherwise required by law to file a report exercised due diligence despite the failure to file or whether they knew or should have known that a report would not be filed, and (3) whether there has been a prior failure to file a report. The amount of the fine imposed may also differ based on whether a health care facility is a small or rural hospital as defined in Section 124840 of the Health and Safety Code. (Amended by Stats. 2017, Ch. 775, Sec. 12. (SB 798) Effective January 1, 2018.)
  61. 805.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain California medical and dental boards may inspect and copy specified records from qualifying disciplinary proceedings, and the disclosed information must be kept confidential.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.1. (a) The Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, and the Dental Board of California shall be entitled to inspect and copy the following documents in the record of any disciplinary proceeding resulting in action that is required to be reported pursuant to Section 805: (1) Any statement of charges. (2) Any document, medical chart, or exhibits in evidence. (3) Any opinion, findings, or conclusions. (4) Any certified copy of medical records, as permitted by other applicable law. (b) The information so disclosed shall be kept confidential and not subject to discovery, in accordance with Section 800, except that it may be reviewed, as provided in subdivision (c) of Section 800, and may be disclosed in any subsequent disciplinary hearing conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2017, Ch. 775, Sec. 13. (SB 798) Effective January 1, 2018.)
  62. 805.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    The Medical Board of California must hire an independent entity to study peer review, and the entity and related health care organizations must cooperate while the study materials stay confidential.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.2. (a) It is the intent of the Legislature to provide for a comprehensive study of the peer review process as it is conducted by peer review bodies defined in paragraph (1) of subdivision (a) of Section 805, in order to evaluate the continuing validity of Section 805 and Sections 809 to 809.8, inclusive, and their relevance to the conduct of peer review in California. (b) The Medical Board of California shall contract with an independent entity to conduct this study that is fair, objective, and free from bias that is directly familiar with the peer review process and does not advocate regularly before the board on peer review matters or on physician and surgeon disciplinary matters. (c) The study by the independent entity shall include, but not be limited to, the following components: (1) A comprehensive description of the various steps of and decisionmakers in the peer review process as it is conducted by peer review bodies throughout the state, including the role of other related committees of acute care health facilities and clinics involved in the peer review process. (2) A survey of peer review cases to determine the incidence of peer review by peer review bodies, and whether they are complying with the reporting requirement in Section 805. (3) A description and evaluation of the roles and performance of various state agencies, including the State Department of Health Services and occupational licensing agencies that regulate healing arts professionals, in receiving, reviewing, investigating, and disclosing peer review actions, and in sanctioning peer review bodies for failure to comply with Section 805. (4) An assessment of the cost of peer review to licentiates and the facilities which employ them. (5) An assessment of the time consumed by the average peer review proceeding, including the hearing provided pursuant to Section 809.2, and a description of any difficulties encountered by either licentiates or facilities in assembling peer review bodies or panels to participate in peer review decisionmaking. (6) An assessment of the need to amend Section 805 and Sections 809 to 809.8, inclusive, to ensure that they continue to be relevant to the actual conduct of peer review as described in paragraph (1), and to evaluate whether the current reporting requirement is yielding timely and accurate information to aid licensing boards in their responsibility to regulate and discipline healing arts practitioners when necessary, and to assure that peer review bodies function in the best interest of patient care. (7) Recommendations of additional mechanisms to stimulate the appropriate reporting of peer review actions under Section 805. (8) Recommendations regarding the Section 809 hearing process to improve its overall effectiveness and efficiency. (9) An assessment of the role of medical professionals, using professionals who are experts and are actively practicing medicine in this state, to review and investigate for the protection of consumers, allegations of substandard practice or professional misconduct. (10) An assessment of the process to identify and retain a medical professional with sufficient expertise to review allegations of substandard practice or professional misconduct by a physician and surgeon, if the peer review process is discontinued. (d) The independent entity shall exercise no authority over the peer review processes of peer review bodies. However, peer review bodies, health care facilities, health care clinics, and health care service plans shall cooperate with the independent entity in providing raw data, information, and case files as requested in a mutually agreeable timeframe. (e) The case files and other information obtained by the independent entity shall be confidential. The independent entity shall not release the case files or other information it obtains to any individual, agency, or entity, including the board, except as aggregate data, examples, or in the final report submitted to the board and the Legislature, but in no case shall information released under these exemptions be identifiable in any way or associated with, or related to, a specific facility, individual, or peer review body. (f) Notwithstanding any other provision of law, information obtained by the independent entity from a peer review body or from any other person or entity and information otherwise generated by the independent entity, including, but not limited to, raw data, patient information, case files or records, interviews and records of interviews, proceedings of a peer review body, and analyses or conclusions of the independent entity, shall not be subject to discovery or to a subpoena or a subpoena duces tecum and shall not be admissible as evidence in any court of law in this state. The information described in this subdivision shall be subject to all other confidentiality protections and privileges otherwise provided by law. The independent entity and its employees and contractors shall assert all of the protections for the information described in this subdivision that may apply in order to protect the information from disclosure. However, nothing in this section shall affect provisions of law relating to otherwise admissible material obtainable from sources other than the independent entity. (g) The independent entity shall report to the peer review body any information it obtains from the peer review body that the independent entity determines should have been reported pursuant to Section 805. The independent entity shall include with the report a clear explanation of the reasons it determined that the information warrants a report under Section 805. If the peer review body agrees with the independent entity’s determination, the peer review body shall report the information pursuant to Section 805 without being subject to penalties under subdivision (k) or (l) of Section 805, if the peer review body makes the report to the board within 30 days of the date the independent entity reported its determination to the peer review body, unless additional time is required to afford due process or fair hearing rights to the subject of the report as required by Section 805 and Sections 809.1 and following. (h) The independent entity shall work in cooperation with and under the general oversight of the Executive Director of the Medical Board of California and shall submit a written report with its findings and recommendations to the board and the Legislature no later than July 31, 2008. (i) Completion of the peer review study pursuant to this section shall be among the highest priorities of the Medical Board of California, and the board shall ensure that it is completed no later than July 31, 2008. (Amended by Stats. 2006, Ch. 223, Sec. 17. Effective January 1, 2007.)
  63. 805.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain health institutions must request a Section 805 report before granting or renewing staff privileges, and the board must provide the report unless specific exceptions apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.5. (a) Prior to granting or renewing staff privileges for any physician and surgeon, psychologist, podiatrist, dentist, or nurse practitioner, any health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code, any health care service plan or medical care foundation, the medical staff of the institution, a facility certified to participate in the federal Medicare Program as an ambulatory surgical center, or an outpatient setting accredited pursuant to Section 1248.1 of the Health and Safety Code shall request a report from the Medical Board of California, the Board of Psychology, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, the Dental Board of California, or the Board of Registered Nursing to determine if any report has been made pursuant to Section 805 indicating that the applying physician and surgeon, psychologist, podiatrist, dentist, or nurse practitioner, has been denied staff privileges, been removed from a medical staff, or had their staff privileges restricted as provided in Section 805. The request shall include the name and California license number of the physician and surgeon, psychologist, podiatrist, dentist, or nurse practitioner. Furnishing of a copy of the 805 report shall not cause the 805 report to be a public record. (b) Upon a request made by, or on behalf of, an institution described in subdivision (a) or its medical staff, the board shall furnish a copy of any report made pursuant to Section 805 as well as any additional exculpatory or explanatory information submitted electronically to the board by the licensee pursuant to subdivision (f) of that section. However, the board shall not send a copy of a report (1) if the denial, removal, or restriction was imposed solely because of the failure to complete medical records, (2) if the board has found the information reported is without merit, (3) if a court finds, in a final judgment, that the peer review, as defined in Section 805, resulting in the report was conducted in bad faith and the licensee who is the subject of the report notifies the board of that finding, or (4) if a period of three years has elapsed since the report was submitted. This three-year period shall be tolled during any period the licentiate has obtained a judicial order precluding disclosure of the report, unless the board is finally and permanently precluded by judicial order from disclosing the report. If a request is received by the board while the board is subject to a judicial order limiting or precluding disclosure, the board shall provide a disclosure to any qualified requesting party as soon as practicable after the judicial order is no longer in force. If the board fails to advise the institution within 30 working days following its request for a report required by this section, the institution may grant or renew staff privileges for the physician and surgeon, psychologist, podiatrist, dentist, or nurse practitioner. (c) Any institution described in subdivision (a) or its medical staff that violates subdivision (a) is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200) nor more than one thousand two hundred dollars ($1,200). (Amended by Stats. 2020, Ch. 265, Sec. 3. (AB 890) Effective January 1, 2021.)
  64. 805.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Specified California medical boards must create an electronic notification system for new Section 805 reports, and two state departments must notify the appropriate licensing agency of reporting violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.6. (a) The Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, and the Dental Board of California shall establish a system of electronic notification that is either initiated by the board or can be accessed by qualified subscribers, and that is designed to achieve early notification to qualified recipients of the existence of new reports that are filed pursuant to Section 805. (b) The State Department of Health Care Services shall notify the appropriate licensing agency of any reporting violations pursuant to Section 805. (c) The Department of Managed Health Care shall notify the appropriate licensing agency of any reporting violations pursuant to Section 805. (Amended by Stats. 2017, Ch. 775, Sec. 15. (SB 798) Effective January 1, 2018.)
  65. 805.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    The Medical Board of California must work with interested parties on a pilot program and report its evaluation, findings, and recommendations to the Legislature by April 1, 2004.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.7. (a) The Medical Board of California shall work with interested parties in the pursuit and establishment of a pilot program, similar to those proposed by the Citizens Advocacy Center, of early detection of potential quality problems and resolutions through informal educational interventions. (b) The Medical Board of California shall report to the Legislature its evaluation and findings and shall include recommendations regarding the statewide implementation of this pilot program before April 1, 2004. (Amended by Stats. 2002, Ch. 1012, Sec. 4. Effective September 27, 2002.)
  66. 805.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Certain health care facilities and other entities must report written allegations of sexual abuse or sexual misconduct against a healing arts licensee to the agency within 15 days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.8. (a) As used in this section, the following terms shall have the following meanings: (1) “Agency” means the relevant state licensing agency with regulatory jurisdiction over a healing arts licensee listed in paragraph (2). (2) “Healing arts licensee” or “licensee” means a licensee licensed under Division 2 (commencing with Section 500) or any initiative act referred to in that division. “Healing arts licensee” or “licensee” also includes a person authorized to practice medicine pursuant to Sections 2064.5, 2113, and 2168. (3) “Health care facility” means a clinic or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (4) “Other entity” includes, but is not limited to, a postsecondary educational institution as defined in Section 66261.5 of the Education Code. (5) “Sexual misconduct” means inappropriate contact or communication of a sexual nature. (b) A health care facility or other entity that makes any arrangement under which a healing arts licensee is allowed to practice or provide care for patients shall file a report of any allegation of sexual abuse or sexual misconduct made against a healing arts licensee by a patient, if the patient or the patient’s representative makes the allegation, in writing, to the agency within 15 days of receiving the written allegation of sexual abuse or sexual misconduct. An arrangement under which a licensee is allowed to practice or provide care for patients includes, but is not limited to, full staff privileges, active staff privileges, limited staff privileges, auxiliary staff privileges, provisional staff privileges, temporary staff privileges, courtesy staff privileges, locum tenens arrangements, and contractual arrangements to provide professional services, including, but not limited to, arrangements to provide outpatient services. (c) The report provided pursuant to subdivision (b) shall be kept confidential and shall not be subject to discovery, except that the information may be reviewed as provided in subdivision (c) of Section 800 and may be disclosed in any subsequent disciplinary hearing conducted pursuant to the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (d) A willful failure to file the report described in subdivision (b) shall be punishable by a fine, not to exceed one hundred thousand dollars ($100,000) per violation, that shall be paid by the health care facility or other entity subject to subdivision (b). The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the licensee regarding whom the report was or should have been filed. If the person who is designated or otherwise required to file the report under this section is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. If the person who is designated or otherwise required to file the report required under this section is a licensed doctor of podiatric medicine, the action or proceeding shall be brought by the Podiatric Medical Board of California. The fine shall be paid to that agency, but not expended until appropriated by the Legislature. A violation of this subdivision may constitute unprofessional conduct by the licensee. A person who is alleged to have violated this subdivision may assert any defense available at law. As used in this subdivision, “willful” means a voluntary and intentional violation of a known legal duty. (e) Except as provided in subdivision (c), any failure to file the report described in subdivision (b) is punishable by a fine, not to exceed fifty thousand dollars ($50,000) per violation, that shall be paid by the health care facility or other entity subject to subdivision (b). The fine may be imposed in any civil or administrative action or proceeding brought by or on behalf of any agency having regulatory jurisdiction over the person regarding whom the report was or should have been filed. If the person who is designated or otherwise required to file the report required under this section is a licensed physician and surgeon, the action or proceeding shall be brought by the Medical Board of California. If the person who is designated or otherwise required to file the report required under this section is a licensed doctor of podiatric medicine, the action or proceeding shall be brought by the Podiatric Medical Board of California. The fine shall be paid to that agency, but not expended until appropriated by the Legislature. The amount of the fine imposed, not exceeding fifty thousand dollars ($50,000) per violation, shall be proportional to the severity of the failure to report and shall differ based upon written findings, including whether the failure to file caused harm to a patient or created a risk to patient safety; whether any person who is designated or otherwise required by law to file the report required under this section exercised due diligence despite the failure to file or whether the person knew or should have known that a report required under this section would not be filed; whether there has been a prior failure to file a report required under this section; and whether a report was filed with another state agency or law enforcement. The amount of the fine imposed may also differ based on whether a health care facility is a small or rural hospital, as defined in Section 124840 of the Health and Safety Code. (f) A person, including an employee or individual contracted or subcontracted to provide health care services, a health care facility, or other entity shall not incur any civil or criminal liability as a result of making a report required by this section. (g) The agency shall investigate the circumstances underlying a report received pursuant to this section. (Amended by Stats. 2020, Ch. 370, Sec. 4. (SB 1371) Effective January 1, 2021.)
  67. 805.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    A licensed health facility must not deny, remove, or restrict staff privileges from a California healing-arts licensee based on another state’s action tied only to that state’s law interfering with lawful sensitive services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 805.9. (a) A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code shall not deny staff privileges to, remove from medical staff, or restrict the staff privileges of a person licensed by a healing arts board in this state on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state. (b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject a licensee to a similar claim, charge, or action under the laws of this state. (c) For purposes of this section: (1) “Healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals. (2) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code. (Added by Stats. 2023, Ch. 258, Sec. 1. (AB 1707) Effective January 1, 2024.)
  68. 8050.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    This section limits certain shorthand reporting actors from charging for noncompliant transcripts or giving one party an unfair transcript-related service, and it allows some discounts and ancillary services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8050. (a) It is the intent of the Legislature to enhance the regulation of licensed shorthand reporters and shorthand reporting corporations pursuant to this section, by imposing specific penalties in addition to other remedies permitted by this chapter that seek to discourage practices that are inconsistent with the integrity and impartiality required of officers of the court and to promote competition based upon the quality and price of shorthand reporting services. (b) This section shall apply to an individual or entity that does any of the following: (1) Any act that constitutes shorthand reporting that occurs wholly or partly in this state. (2) Employs, independently contracts with, or recruits a licensed shorthand reporter to report or transcribe deposition testimony in a court proceeding or in a deposition. (3) Contracts with a resident of this state by mail or otherwise that requires either party to perform licensed shorthand reporting wholly or partly in this state. (4) Independently contracts with or is employed by an entity that does any of the acts described in paragraphs (1) to (3), inclusive. (c) (1) This section does not apply to an individual, whether acting as an individual or as an officer, director, or shareholder of a shorthand reporting corporation, as defined in Section 8040, who possesses a valid license, issued pursuant to Section 8018, that may be revoked or suspended by the board, or to a shorthand reporting corporation that is in compliance with Section 8044. (2) This section does not apply to a court, a party to litigation, an attorney of the party, or a full-time employee of the party or the attorney of the party, who provides or contracts for certified shorthand reporting for purposes related to the litigation. (d) An individual or entity described in subdivision (b) shall not do any of the following: (1) Seek compensation for a transcript that is in violation of the minimum transcript format standards set forth in Section 2473 of Article 8 of Division 24 of Title 16 of the California Code of Regulations. (2) Seek compensation for a certified court transcript applying fees other than those set out in Section 69950 of the Government Code. (3) Make a transcript available to one party in advance of other parties, as described in subdivision (d) of Section 2025.510 of the Code of Civil Procedure, or offer or provide a service to only one party as described in subdivision (b) of Section 2025.320 of the Code of Civil Procedure. (4) Fail to promptly notify a party of a request for preparation of all or any part of a transcript, excerpts, or expedites for one party without the other parties’ knowledge, as described in paragraph (5) of subdivision (b) of Section 2475 of Article 8 of Division 24 of Title 16 of the California Code of Regulations. (e) Nothing in this section shall be construed to prohibit a licensed shorthand reporter, shorthand reporting corporation, or an individual or entity described in subdivision (b), from offering or providing long-term or multicase volume discounts or services ancillary to reporting and transcribing a deposition, arbitration, or judicial proceeding in contracts that are subject to laws related to shorthand reporting. (f) An individual or entity that violates this section shall be subject to a civil fine not exceeding ten thousand dollars ($10,000) per violation. (g) The Attorney General, a district attorney, a city attorney, or the board may bring a civil action for a violation of this section, including an action for injunctive relief and any other appropriate relief, and shall be entitled, if they are the prevailing party, to recover reasonable attorney’s fees. (h) This section shall become operative on January 1, 2025. (Amended (as added by Stats. 2021, Ch. 214, Sec. 3) by Stats. 2022, Ch. 625, Sec. 74. (SB 1443) Effective January 1, 2023. Operative January 1, 2025, by its own provisions.)
  69. 8051.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. )

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    This section lets certain non-corporate shorthand reporting entities register with the board if they meet specified requirements, pay the registration fee, and comply with reporting, renewal, and replacement rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 5. Shorthand Reporting Corporations [8040 - 8051] ( Article 5 added by Stats. 1972, Ch. 1306. ) ## 8051. (a) On and after July 1, 2022, an entity that is not a shorthand reporting corporation may, wherever headquartered in the United States, engage in the conduct described in subdivision (b) of Section 8050 if it is approved for registration by the board after meeting all of the following requirements: (1) The entity pays an initial annual registration fee to the board. Until January 1, 2025, the fee shall be five hundred dollars ($500). On and after January 1, 2025, the fee shall not exceed five hundred dollars ($500) or the board’s cost of administering this section, whichever is less. (2) The entity has designated a board-certified reporter-in-charge who is a full-time employee of the registered entity and a resident of California, and who holds a currently valid California license at all times as a certified shorthand reporter where the certificate holder has no restrictions on their license and is not subject to a pending board accusation or investigation at the time of the entity’s application for registration. The reporter-in-charge shall be responsible to the board for an entity’s compliance with all state laws and regulations pertaining to and within the scope of the practice of certified shorthand reporting and any acts of the entity pertaining to and within the scope of the practice of a certificate holder shall be deemed acts of the reporter-in-charge. Nothing in this paragraph shall be construed as permitting the board to restrict, suspend, or revoke the license of a reporter-in-charge for conduct committed or directed by another person unless the reporter-in-charge had knowledge of or knowingly participated in such conduct. (3) The entity agrees in the registration to abide by the laws, regulations, and standards of practice applicable to businesses that render shorthand reporting services pursuant to Section 13401 of the Corporations Code, except for the requirements of Sections 8040 and 8044. (b) An entity shall provide the board with all of the following information for consideration of initial registration pursuant to subdivision (a): (1) The name and certificate number of the entity’s certified reporter-in-charge. (2) Whether the entity, a controlling officer or parent corporation of the entity, the entity’s reporter-in-charge, or any of its officers, employees, or independent contractors, has been subject to any enforcement action, relating to the provision of court reporting services, by a state or federal agency within five years before submitting the initial registration. If so, the entity shall provide the board a copy of the operative complaint with the initial registration. (3) Whether the entity, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the entity or the entity’s reporter-in-charge engaged in misconduct relating to the provision of court reporting services for more than fifty thousand dollars ($50,000). (4) Any additional documentation the board reasonably deems necessary for consideration in the initial registration process. (c) Within 90 days of receiving a completed application for initial registration, including any disclosures made pursuant to subdivision (b), the board shall either approve the entity’s registration or deny the application upon a finding that a substantial risk would be posed to the public, which shall be subsequently provided to the applicant in writing with specificity as to the basis of that finding. (d) A registration issued by the board pursuant to this section shall be valid for one year, at which time it may be approved for renewal by the board upon meeting the requirements of subdivision (a). (e) A registered entity shall notify the board in writing within 30 days of the date when a reporter-in-charge ceases to act as the reporter-in-charge and propose another certificate holder to take over as the reporter-in-charge. The proposed replacement reporter-in-charge shall be subject to approval by the board. If disapproved, the entity shall propose another replacement within 15 days of the date of disapproval and shall continue to name proposed replacements until a reporter-in-charge is approved by the board. (f) The board shall revoke the registration of an entity if the board determines the entity: (1) Engaged, in whole or in part, through officers, employees, or independent contractors that are not certificate holders, in acts that are within the scope of practice of a certificate holder, unless otherwise permitted by law. (2) Directed or authorized the reporter-in-charge to violate state laws or regulations pertaining to shorthand reporting or offering financial incentives to the reporter-in-charge for engaging in acts that violate state law. (g) In addition to revoking an entity’s registration as required by subdivision (f), a registration issued under this section may be revoked, suspended, denied, restricted, or subjected to other disciplinary action as the board deems fit for violations of the laws or regulations pertaining to shorthand reporting by the entity’s officers, employees, or independent contractors, including the issuance of citations and fines. (h) The board shall consider suspending the registration of an entity for a minimum of one year if the license of its reporter-in-charge is suspended or revoked for violating this section more than twice in a consecutive five-year period. (i) An entity shall have the right to reasonable notice and opportunity to comment to and before the board regarding any determination to deny or revoke registration before that determination becomes final. An entity may seek review of a board decision to deny or revoke registration under this section either in an administrative hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or through an action brought pursuant to Section 1085 of the Code of Civil Procedure. (j) A certificate holder shall not engage in the practice of shorthand reporting on behalf of an entity that the reporter knows or should know is not registered with the board and shall verify whether a person or entity is registered with the board before engaging in the practice of shorthand reporting on behalf of that person or entity. (k) The board shall create and make available on its internet website a directory of registered entities. The board shall not take action against a certificate holder solely for a violation of subdivision (j) if the certificate holder reasonably relied on the board’s directory stating that the entity was registered at the time. (l) The board may adopt regulations to implement this section, including emergency regulations during the years 2022 and 2023. The executive functions delegated to the board pursuant to Section 8005 include the discretion to inform the public of information that would be or is a public record regarding shorthand reporting corporations operating in this state. (m) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 12. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  70. 806.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Agencies in the department that receive these reports must prepare a statistical report for the Legislature within 30 days after each regular legislative session starts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 806. Each agency in the department receiving reports pursuant to the preceding sections shall prepare a statistical report based upon these records for presentation to the Legislature not later than 30 days after the commencement of each regular session of the Legislature, including by the type of peer review body, and, where applicable, type of health care facility, the number of reports received and a summary of administrative and disciplinary action taken with respect to these reports and any recommendations for corrective legislation if the agency considers legislation to be necessary. (Amended by Stats. 2001, Ch. 614, Sec. 8. Effective January 1, 2002.)
  71. 807.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Each agency in the department must notify licensed or similarly authorized persons it issues, and the department must notify insurance companies doing business in the state and institutions listed in Section 805 about this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 807. Each agency in the department shall notify every person licensed, certified or holding similar authority issued by it, and the department shall notify every insurance company doing business in this state and every institution mentioned in Section 805 of the provisions of this article. (Added by Stats. 1975, 2nd Ex. Sess., Ch. 1.)
  72. 808.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    Reports affecting respiratory care practitioners that must be filed under Sections 801, 802, and 803 must be filed with the Respiratory Care Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 808. For purposes of this article, reports affecting respiratory care practitioners required to be filed under Sections 801, 802, and 803 shall be filed with the Respiratory Care Board of California. (Amended by Stats. 1994, Ch. 1274, Sec. 1.7. Effective January 1, 1995.)
  73. 808.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Reports affecting psychologists that are required under the listed sections must be filed with the Board of Psychology.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 808.5. For purposes of this article, reports affecting psychologists required to be filed under Sections 801, 801.1, 802, 803, 803.5, and 803.6 shall be filed with the Board of Psychology of the Department of Consumer Affairs. (Added by Stats. 1999, Ch. 655, Sec. 4. Effective January 1, 2000.)
  74. 809.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    This section states California’s policy on peer review, defines key terms, and says these provisions do not change certain hospital peer review responsibilities.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809. (a) The Legislature hereby finds and declares the following: (1) In 1986, Congress enacted the federal Health Care Quality Improvement Act of 1986 (42 U.S.C. Sec. 11101 et seq.), to encourage physicians and surgeons to engage in effective professional peer review, but giving each state the opportunity to “opt-out” of some of the provisions of the federal act. (2) Because of deficiencies in the federal act and the possible adverse interpretations by the courts of the federal act, it is preferable for California to “opt-out” of the federal act and design its own peer review system. (3) Peer review, fairly conducted, is essential to preserving the highest standards of medical practice. (4) Peer review that is not conducted fairly results in harm to both patients and healing arts practitioners by limiting access to care. (5) Peer review, fairly conducted, will aid the appropriate state licensing boards in their responsibility to regulate and discipline errant healing arts practitioners. (6) To protect the health and welfare of the people of California, it is the policy of the State of California to exclude, through the peer review mechanism as provided for by California law, those healing arts practitioners who provide substandard care or who engage in professional misconduct, regardless of the effect of that exclusion on competition. (7) It is the intent of the Legislature that peer review of professional health care services be done efficiently, on an ongoing basis, and with an emphasis on early detection of potential quality problems and resolutions through informal educational interventions. (8) Sections 809 to 809.8, inclusive, shall not affect the respective responsibilities of the organized medical staff or the governing body of an acute care hospital with respect to peer review in the acute care hospital setting. It is the intent of the Legislature that written provisions implementing Sections 809 to 809.8, inclusive, in the acute care hospital setting shall be included in medical staff bylaws that shall be adopted by a vote of the members of the organized medical staff and shall be subject to governing body approval, which approval shall not be withheld unreasonably. (9) (A) The Legislature thus finds and declares that the laws of this state pertaining to the peer review of healing arts practitioners shall apply in lieu of Section 11101 and following of Title 42 of the United States Code, because the laws of this state provide a more careful articulation of the protections for both those undertaking peer review activity and those subject to review, and better integrate public and private systems of peer review. Therefore, California exercises its right to opt out of specified provisions of the federal Health Care Quality Improvement Act relating to professional review actions, pursuant to Section 11111(c)(2)(B) of Title 42 of the United States Code. This election shall not affect the availability of any immunity under California law. (B) The Legislature further declares that it is not the intent or purpose of Sections 809 to 809.8, inclusive, to opt out of any mandatory national data bank established pursuant to Section 11131 and following of Title 42 of the United States Code. (b) For the purpose of this section and Sections 809.1 to 809.8, inclusive, “healing arts practitioner” or “licentiate” means a physician and surgeon, podiatrist, clinical psychologist, marriage and family therapist, clinical social worker, professional clinical counselor, or dentist; and “peer review body” means a peer review body as specified in paragraph (1) of subdivision (a) of Section 805, and includes any designee of the peer review body. (Amended by Stats. 2011, Ch. 381, Sec. 10. (SB 146) Effective January 1, 2012.)
  75. 809.05.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    This section says peer review should be performed by licentiates, and it sets limits on how acute care hospital governing bodies may act in peer review matters.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.05. It is the policy of this state that peer review be performed by licentiates. This policy is subject to the following limitations: (a) The governing bodies of acute care hospitals have a legitimate function in the peer review process. In all peer review matters, the governing body shall give great weight to the actions of peer review bodies and, in no event, shall act in an arbitrary or capricious manner. (b) In those instances in which the peer review body’s failure to investigate, or initiate disciplinary action, is contrary to the weight of the evidence, the governing body shall have the authority to direct the peer review body to initiate an investigation or a disciplinary action, but only after consultation with the peer review body. No such action shall be taken in an unreasonable manner. (c) In the event the peer review body fails to take action in response to a direction from the governing body, the governing body shall have the authority to take action against a licentiate. Such action shall only be taken after written notice to the peer review body and shall fully comply with the procedures and rules applicable to peer review proceedings established by Sections 809.1 to 809.6, inclusive. (d) A governing body and the medical staff shall act exclusively in the interest of maintaining and enhancing quality patient care. (e) It is not the intent or purpose of this section to prohibit or discourage public members on state licensing boards and medical quality review committees from participating in disciplinary actions as authorized by law. (Added by Stats. 1989, Ch. 354, Sec. 2. Note: Stats. 1989, Ch. 336, Sec. 1.5, would have added a similar section on Jan. 1, 1990, but that action was effectively nullified by Stats. 1989, Ch. 354, Sec. 3.)
  76. 809.08.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Peer review bodies must share relevant peer review information with each other on request, subject to payment of reasonable processing costs and other stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.08. (a) The Legislature hereby finds and declares that the sharing of information between peer review bodies is essential to protect the public health. (b) Upon receipt of reasonable processing costs, a peer review body shall respond to the request of another peer review body and produce relevant peer review information about a licentiate that was subject to peer review by the responding peer review body for a medical disciplinary cause or reason. The responding peer review body shall determine the manner by which to produce such information and may elect to do so through (1) a written summary of relevant peer review information or (2) a relevant peer review record. Relevant peer review information or peer review record includes, but is not limited to, allegations and findings, explanatory or exculpatory information submitted by the licentiate, any conclusions made, any actions taken, and the reasons for those actions, to the extent not otherwise prohibited by applicable federal or state law. The information shall not identify any person except the licentiate. The information produced by a peer review body pursuant to this section shall be used solely for peer review purposes and shall not be subject to discovery to the extent provided in Sections 1156.1 and 1157 of the Evidence Code and any other applicable provisions of law. All relevant peer review information produced pursuant to this section shall be made available to the licentiate by the requesting peer review body in accordance with Section 809.2. (c) The responding peer review body acting in good faith is not subject to civil or criminal liability for providing information to the requesting peer review body pursuant to this section. The peer review body responding to the request shall be entitled to all confidentiality protections and privileges provided by law as to the information disclosed pursuant to this section. Prior to the release of any peer review information pursuant to this section, the requesting peer review body shall, upon request, sign a mutually agreeable peer review sharing agreement with the responding peer review body, and shall also indemnify the responding peer review body for any and all claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable attorney’s fees, resulting in any manner, directly or indirectly, from the receiving peer review body’s improper release or disclosure of information shared pursuant to this section. (d) Prior to the release of any peer review information pursuant to this section, the licentiate under review by the peer review body requesting information pursuant to this section shall, upon request, release the responding peer review body, its members, and the health care entity for which the responding peer review body conducts peer reviews, from liability for the disclosure of information in compliance with this section. (e) The responding peer review body is not obligated to produce the relevant peer review information pursuant to this section unless both of the following conditions are met: (1) The licentiate provides a release, as described in subdivision (d), that is acceptable to the responding peer review body. (2) The requesting peer review body signs a mutually agreeable peer review sharing agreement, as described in subdivision (c), with the responding peer review body. (Added by Stats. 2011, Ch. 380, Sec. 1. (AB 655) Effective January 1, 2012.)
  77. 809.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    A licentiate covered by this section is entitled to written notice of a peer review body’s final proposed action, and may request a hearing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.1. (a) A licentiate who is the subject of a final proposed action of a peer review body for which a report is required to be filed under Section 805 shall be entitled to written notice as set forth in subdivisions (b) and (c). For the purposes of this section, the “final proposed action” shall be the final decision or recommendation of the peer review body after informal investigatory activity or prehearing meetings, if any. (b) The peer review body shall give the licentiate written notice of the final proposed action. This notice shall include all the following information: (1) That an action against the licentiate has been proposed by the peer review body which, if adopted, shall be taken and reported pursuant to Section 805. (2) The final proposed action. (3) That the licentiate has the right to request a hearing on the final proposed action. (4) The time limit, within which to request such a hearing. (c) If a hearing is requested on a timely basis, the peer review body shall give the licentiate a written notice stating all of the following: (1) The reasons for the final proposed action taken or recommended, including the acts or omissions with which the licentiate is charged. (2) The place, time, and date of the hearing. (Added by Stats. 1989, Ch. 336, Sec. 2. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  78. 809.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    If a licentiate timely requests a hearing on a reportable final proposed action, this section requires a structured hearing process with impartial decisionmakers, disclosure rules, access to relevant documents, and set timing rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.2. If a licentiate timely requests a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the following shall apply: (a) The hearing shall be held, as determined by the peer review body, before a trier of fact, which shall be an arbitrator or arbitrators selected by a process mutually acceptable to the licentiate and the peer review body, or before a panel of unbiased individuals who shall gain no direct financial benefit from the outcome, who have not acted as an accuser, investigator, factfinder, or initial decisionmaker in the same matter, and which shall include, where feasible, an individual practicing the same specialty as the licentiate. (b) If a hearing officer is selected to preside at a hearing held before a panel, the hearing officer shall gain no direct financial benefit from the outcome, shall not act as a prosecuting officer or advocate, and shall not be entitled to vote. (c) The licentiate shall have the right to a reasonable opportunity to voir dire the panel members and any hearing officer, and the right to challenge the impartiality of any member or hearing officer. Challenges to the impartiality of any member or hearing officer shall be ruled on by the presiding officer, who shall be the hearing officer if one has been selected. (d) The licentiate shall have the right to inspect and copy at the licentiate’s expense any documentary information relevant to the charges which the peer review body has in its possession or under its control, as soon as practicable after the receipt of the licentiate’s request for a hearing. The peer review body shall have the right to inspect and copy at the peer review body’s expense any documentary information relevant to the charges which the licentiate has in his or her possession or control as soon as practicable after receipt of the peer review body’s request. The failure by either party to provide access to this information at least 30 days before the hearing shall constitute good cause for a continuance. The right to inspect and copy by either party does not extend to confidential information referring solely to individually identifiable licentiates, other than the licentiate under review. The arbitrator or presiding officer shall consider and rule upon any request for access to information, and may impose any safeguards the protection of the peer review process and justice requires. (e) When ruling upon requests for access to information and determining the relevancy thereof, the arbitrator or presiding officer shall, among other factors, consider the following: (1) Whether the information sought may be introduced to support or defend the charges. (2) The exculpatory or inculpatory nature of the information sought, if any. (3) The burden imposed on the party in possession of the information sought, if access is granted. (4) Any previous requests for access to information submitted or resisted by the parties to the same proceeding. (f) At the request of either side, the parties shall exchange lists of witnesses expected to testify and copies of all documents expected to be introduced at the hearing. Failure to disclose the identity of a witness or produce copies of all documents expected to be produced at least 10 days before the commencement of the hearing shall constitute good cause for a continuance. (g) Continuances shall be granted upon agreement of the parties or by the arbitrator or presiding officer on a showing of good cause. (h) A hearing under this section shall be commenced within 60 days after receipt of the request for hearing, and the peer review process shall be completed within a reasonable time, after a licentiate receives notice of a final proposed action or an immediate suspension or restriction of clinical privileges, unless the arbitrator or presiding officer issues a written decision finding that the licentiate failed to comply with subdivisions (d) and (e) in a timely manner, or consented to the delay. (Added by Stats. 1989, Ch. 336, Sec. 3. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  79. 809.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    This section gives both parties rights in certain hearings, assigns burdens of proof, and requires peer review bodies to adopt written rules on attorney representation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.3. (a) During a hearing concerning a final proposed action for which reporting is required to be filed under Section 805, both parties shall have all of the following rights: (1) To be provided with all of the information made available to the trier of fact. (2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the preparation thereof. (3) To call, examine, and cross-examine witnesses. (4) To present and rebut evidence determined by the arbitrator or presiding officer to be relevant. (5) To submit a written statement at the close of the hearing. (b) The burden of presenting evidence and proof during the hearing shall be as follows: (1) The peer review body shall have the initial duty to present evidence which supports the charge or recommended action. (2) Initial applicants shall bear the burden of persuading the trier of fact by a preponderance of the evidence of their qualifications by producing information which allows for adequate evaluation and resolution of reasonable doubts concerning their current qualifications for staff privileges, membership, or employment. Initial applicants shall not be permitted to introduce information not produced upon request of the peer review body during the application process, unless the initial applicant establishes that the information could not have been produced previously in the exercise of reasonable diligence. (3) Except as provided above for initial applicants, the peer review body shall bear the burden of persuading the trier of fact by a preponderance of the evidence that the action or recommendation is reasonable and warranted. (c) The peer review body shall adopt written provisions governing whether a licentiate shall have the option of being represented by an attorney at the licentiate’s expense. No peer review body shall be represented by an attorney if the licentiate is not so represented, except dental professional society peer review bodies may be represented by an attorney provided that the peer review body grants each licentiate the option of being represented by an attorney at the licentiate’s expense, even if the licentiate declines to be represented by an attorney. (Amended by Stats. 1990, Ch. 332, Sec. 1.)
  80. 809.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    After a qualifying hearing, the licentiate and peer review body are entitled to the written decision and appeal information; if an appeal process exists, both parties also have minimum appeal rights.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.4. (a) Upon the completion of a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the licentiate and the peer review body involved have the right to receive all of the following: (1) A written decision of the trier of fact, including findings of fact and a conclusion articulating the connection between the evidence produced at the hearing and the decision reached. (2) A written explanation of the procedure for appealing the decision, if any appellate mechanism exists. (b) If an appellate mechanism is provided, it need not provide for de novo review, but it shall include the following mimimum rights for both parties: (1) The right to appear and respond. (2) The right to be represented by an attorney or any other representative designated by the party. (3) The right to receive the written decision of the appellate body. (Added by Stats. 1989, Ch. 336, Sec. 5. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  81. 809.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

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    A peer review body may immediately suspend or restrict a licentiate’s clinical privileges if waiting could create an imminent danger to anyone’s health. If the peer review body is unavailable, an acute care hospital’s governing body or its designee may do so after reasonable attempts to contact the peer review body.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.5. (a) Notwithstanding Sections 809 to 809.4, inclusive, a peer review body may immediately suspend or restrict clinical privileges of a licentiate where the failure to take that action may result in an imminent danger to the health of any individual, provided that the licentiate is subsequently provided with the notice and hearing rights set forth in Sections 809.1 to 809.4, inclusive, or, with respect to organizations specified in Section 809.7, with the rights specified in that section. (b) When no person authorized by the peer review body is available to summarily suspend or restrict clinical privileges under circumstances specified in subdivision (a), the governing body of an acute care hospital, or its designee, may immediately suspend a licentiate’s clinical privileges if a failure to summarily suspend those privileges is likely to result in an imminent danger to the health of any individual, provided the governing body of the acute care hospital has, before the suspension, made reasonable attempts to contact the peer review body. A suspension by the governing body of an acute care hospital which has not been ratified by the peer review body within two working days, excluding weekends and holidays, after the suspension shall terminate automatically. (Amended by Stats. 1990, Ch. 332, Sec. 2.)
  82. 809.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    The parties must follow extra notice and hearing rules in applicable bylaws, agreements, or contracts if those rules do not conflict with Sections 809.1 to 809.4, and those sections cannot be waived for certain final proposed actions reportable under Section 805.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.6. (a) The parties are bound by any additional notice and hearing provisions contained in any applicable professional society or medical staff bylaws which are not inconsistent with Sections 809.1 to 809.4, inclusive. (b) The parties are bound by any additional notice and hearing provisions contained in any applicable agreement or contract between the licentiate and peer review body or health care entity which are not inconsistent with Sections 809.1 to 809.4, inclusive. (c) The provisions of Sections 809.1 to 809.4, inclusive, may not be waived in any instrument specified in subdivision (a) or (b) for a final proposed action for which a report is required to be filed under Section 805. (Added by Stats. 1989, Ch. 336, Sec. 7. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  83. 809.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Sections 809.1 to 809.4 do not apply to certain peer review proceedings and postgraduate medical education settings; due process obligations remain in place.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.7. Sections 809.1 to 809.4, inclusive, shall not apply to peer review proceedings conducted in state or county hospitals, in hospitals owned by, operated by, or licensed to the Regents of the University of California or any of its subsidiary corporations which serve as a primary teaching facility, or in health facilities which serve as the primary teaching facility for medical schools approved pursuant to Section 2084. In addition, Sections 809.1 to 809.4, inclusive, shall not apply to licentiates engaged in postgraduate medical education under the auspices of a medical school approved pursuant to Section 2084. This section shall not affect the obligation to afford due process of law to licentiates involved in peer review proceedings in these hospitals. (Added by Stats. 1989, Ch. 336, Sec. 8. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  84. 809.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    Sections 809 to 809.7 do not limit judicial review under CCP 1094.5 or the discovery and testimony rules in certain evidence and health-and-safety provisions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.8. Nothing in Sections 809 to 809.7, inclusive, shall affect the availability of judicial review under Section 1094.5 of the Code of Civil Procedure nor the provisions relating to discovery and testimony in Section 1157 of the Evidence Code or Sections 1370 and 1370.1 of the Health and Safety Code. (Added by Stats. 1989, Ch. 336, Sec. 9. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  85. 809.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )

    Verify source ↗

    In certain Section 805-related challenge suits, the court must award costs and a reasonable attorney’s fee to the substantially prevailing party if the other side acted frivolously, unreasonably, without foundation, or in bad faith.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 809.9. In any suit brought to challenge an action taken or a restriction imposed which is required to be reported pursuant to Section 805, the court shall, at the conclusion of the action, award to a substantially prevailing party the cost of the suit, including a reasonable attorney’s fee, if the other party’s conduct in bringing, defending, or litigating the suit was frivolous, unreasonable, without foundation, or in bad faith. For the purposes of this section, a defendant shall not be considered to have substantially prevailed when the plaintiff obtains an award for damages or permanent injunctive or declaratory relief. For the purpose of this section, a plaintiff shall not be considered to have substantially prevailed when the plaintiff does not obtain an award of damages or permanent injunctive or declaratory relief. (Added by Stats. 1989, Ch. 336, Sec. 9.5. Effective September 11, 1989. Operative January 1, 1990, by Sec. 11 of Ch. 336.)
  86. 810.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12. Insurance Fraud [810- 810.] ( Article 12 added by Stats. 1978, Ch. 174. )

    Verify source ↗

    Health care professionals may not submit or help submit false insurance claims or supporting writings, and violations can lead to license suspension or revocation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12. Insurance Fraud [810- 810.] ( Article 12 added by Stats. 1978, Ch. 174. ) ## 810. (a) It shall constitute unprofessional conduct and grounds for disciplinary action, including suspension or revocation of a license or certificate, for a health care professional to do any of the following in connection with their professional activities: (1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. (2) Knowingly prepare, make, or subscribe any writing, with intent to present or use the same, or to allow it to be presented or used in support of any false or fraudulent claim. (b) It shall constitute cause for revocation or suspension of a license or certificate for a health care professional to engage in any conduct prohibited under Section 1871.4 of the Insurance Code or Section 549 or 550 of the Penal Code. (c) (1) It shall constitute cause for automatic suspension of a license or certificate issued pursuant to Chapter 4 (commencing with Section 1600), Chapter 5 (commencing with Section 2000), Chapter 6.6 (commencing with Section 2900), Chapter 7 (commencing with Section 3000), or Chapter 9 (commencing with Section 4000), or pursuant to the Chiropractic Act or the Osteopathic Act, if a licensee or certificate holder has been convicted of any felony involving fraud committed by the licensee or certificate holder in conjunction with providing benefits covered by worker’s compensation insurance, or has been convicted of any felony involving Medi-Cal fraud committed by the licensee or certificate holder in conjunction with the Medi-Cal program, including the Denti-Cal element of the Medi-Cal program, pursuant to Chapter 7 (commencing with Section 14000), or Chapter 8 (commencing with Section 14200), of Part 3 of Division 9 of the Welfare and Institutions Code. The board shall convene a disciplinary hearing to determine whether or not the license or certificate shall be suspended, revoked, or some other disposition shall be considered, including, but not limited to, revocation with the opportunity to petition for reinstatement, suspension, or other limitations on the license or certificate as the board deems appropriate. (2) It shall constitute cause for automatic suspension and for revocation of a license or certificate issued pursuant to Chapter 4 (commencing with Section 1600), Chapter 5 (commencing with Section 2000), Chapter 6.6 (commencing with Section 2900), Chapter 7 (commencing with Section 3000), or Chapter 9 (commencing with Section 4000), or pursuant to the Chiropractic Act or the Osteopathic Act, if a licensee or certificate holder has more than one conviction of any felony arising out of separate prosecutions involving fraud committed by the licensee or certificate holder in conjunction with providing benefits covered by worker’s compensation insurance, or in conjunction with the Medi-Cal program, including the Denti-Cal element of the Medi-Cal program pursuant to Chapter 7 (commencing with Section 14000), or Chapter 8 (commencing with Section 14200), of Part 3 of Division 9 of the Welfare and Institutions Code. The board shall convene a disciplinary hearing to revoke the license or certificate and an order of revocation shall be issued unless the board finds mitigating circumstances to order some other disposition. (3) It is the intent of the Legislature that paragraph (2) apply to a licensee or certificate holder who has one or more convictions prior to January 1, 2004, as provided in this subdivision. (4) Nothing in this subdivision shall preclude a board from suspending or revoking a license or certificate pursuant to any other provision of law. (5) “Board,” as used in this subdivision, means the Dental Board of California, the Medical Board of California, the California Board of Podiatric Medicine, the Board of Psychology, the California State Board of Optometry, the California State Board of Pharmacy, the Osteopathic Medical Board of California, and the State Board of Chiropractic Examiners. (6) “More than one conviction,” as used in this subdivision, means that the licensee or certificate holder has one or more convictions prior to January 1, 2004, and at least one conviction on or after that date, or the licensee or certificate holder has two or more convictions on or after January 1, 2004. However, a licensee or certificate holder who has one or more convictions prior to January 1, 2004, but who has no convictions and is currently licensed or holds a certificate after that date, does not have “more than one conviction” for the purposes of this subdivision. (d) As used in this section, health care professional means any person licensed or certified pursuant to this division, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act. (Amended by Stats. 2021, Ch. 630, Sec. 15. (AB 1534) Effective January 1, 2022.)
  87. 820.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    If a licensed person may be unsafe to practice because of mental or physical illness affecting competency, the licensing agency may order an examination by designated physicians, surgeons, or psychologists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 820. Whenever it appears that any person holding a license, certificate or permit under this division or under any initiative act referred to in this division may be unable to practice his or her profession safely because the licentiate’s ability to practice is impaired due to mental illness, or physical illness affecting competency, the licensing agency may order the licentiate to be examined by one or more physicians and surgeons or psychologists designated by the agency. The report of the examiners shall be made available to the licentiate and may be received as direct evidence in proceedings conducted pursuant to Section 822. (Amended by Stats. 1989, Ch. 1104, Sec. 1.7.)
  88. 821.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    A licentiate who does not comply with an order issued under Section 820 may have their certificate or license suspended or revoked.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 821. The licentiate’s failure to comply with an order issued under Section 820 shall constitute grounds for the suspension or revocation of the licentiate’s certificate or license. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  89. 822.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    A licensing agency may discipline a licentiate whose ability to practice safely is impaired by mental illness or a physical illness affecting competency, and it may not reinstate a revoked or suspended license until specified evidence and safety findings are made.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 822. If a licensing agency determines that its licentiate’s ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or physically ill affecting competency, the licensing agency may take action by any one of the following methods: (a) Revoking the licentiate’s certificate or license. (b) Suspending the licentiate’s right to practice. (c) Placing the licentiate on probation. (d) Taking such other action in relation to the licentiate as the licensing agency in its discretion deems proper. The licensing agency shall not reinstate a revoked or suspended certificate or license until it has received competent evidence of the absence or control of the condition which caused its action and until it is satisfied that with due regard for the public health and safety the person’s right to practice his or her profession may be safely reinstated. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  90. 823.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    When a revoked or suspended license is reinstated under Section 822, the licensing agency may attach post-reinstatement conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 823. Notwithstanding any other provisions of law, reinstatement of a licentiate against whom action has been taken pursuant to Section 822 shall be governed by the procedures in this article. In reinstating a certificate or license which has been revoked or suspended under Section 822, the licensing agency may impose terms and conditions to be complied with by the licentiate after the certificate or license has been reinstated. The authority of the licensing agency to impose terms and conditions includes, but is not limited to, the following: (a) Requiring the licentiate to obtain additional professional training and to pass an examination upon the completion of the training. (b) Requiring the licentiate to pass an oral, written, practical, or clinical examination, or any combination thereof to determine his or her present fitness to engage in the practice of his or her profession. (c) Requiring the licentiate to submit to a complete diagnostic examination by one or more physicians and surgeons or psychologists appointed by the licensing agency. If the licensing agency requires the licentiate to submit to such an examination, the licensing agency shall receive and consider any other report of a complete diagnostic examination given by one or more physicians and surgeons or psychologists of the licentiate’s choice. (d) Requiring the licentiate to undergo continuing treatment. (e) Restricting or limiting the extent, scope or type of practice of the licentiate. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  91. 824.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    The licensing agency may take action against a licentiate under Section 820, Section 822, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 824. The licensing agency may proceed against a licentiate under either Section 820, or 822, or under both sections. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  92. 825.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    For this article, “licensing agency” means a panel of the Division of Medical Quality for physicians and surgeons.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 825. As used in this article with reference to persons holding licenses as physicians and surgeons, “licensing agency” means a panel of the Division of Medical Quality. (Amended by Stats. 1993, Ch. 1267, Sec. 9. Effective January 1, 1994.)
  93. 826.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    For proceedings under Sections 821 and 822, the licensing agency and the licentiate have the same rights and powers granted by the referenced Government Code chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 826. The proceedings under Sections 821 and 822 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the licensing agency and the licentiate shall have all the rights and powers granted therein. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  94. 827.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    A licensing agency may hold a closed session to review evidence about a licentiate’s mental or physical illness, but only as needed to protect the licentiate’s privacy.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 827. Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, the licensing agency may convene in closed session to consider any evidence relating to the licentiate’s mental or physical illness obtained pursuant to the proceedings under Section 820. The licensing agency shall only convene in closed session to the extent that it is necessary to protect the privacy of a licentiate. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  95. 828.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. )

    Verify source ↗

    If the licensing agency finds insufficient evidence after a Section 820 proceeding, the related records must be kept confidential and are not open to discovery or subpoena; if no further proceedings occur for five years, the agency must destroy the records; if new proceedings start within five years, the records may be used and must be available to the respondent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 12.5. Mental Illness or Physical Illness [820 - 828] ( Article 12.5 added by Stats. 1982, Ch. 1183, Sec. 1. ) ## 828. If the licensing agency determines, pursuant to proceedings conducted under Section 820, that there is insufficient evidence to bring an action against the licentiate pursuant to Section 822, then all licensing agency records of the proceedings, including the order for the examination, investigative reports, if any, and the report of the physicians and surgeons or psychologists, shall be kept confidential and are not subject to discovery or subpoena. If no further proceedings are conducted to determine the licentiates fitness to practice during a period of five years from the date of the determination by the licensing agency of the proceeding pursuant to Section 820, then the licensing agency shall purge and destroy all records pertaining to the proceedings. If new proceedings are instituted during the five-year period against the licentiate by the licensing agency, the records, including the report of the physicians and surgeons or psychologists, may be used in the proceedings and shall be available to the respondent pursuant to the provisions of Section 11507.6 of the Government Code. (Added by Stats. 1982, Ch. 1183, Sec. 1.)
  96. 850.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    A healing arts licensing board or examining committee may not require licensure or certification applicants to join or qualify through a specified private voluntary association or professional society, except as allowed by this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 850. No healing arts licensing board or examining committee under the Department of Consumer Affairs shall by regulation require an applicant for licensure or certification to be a member of, to be certified by, to be eligible to be certified or registered by, or otherwise meet the standards of a specified private voluntary association or professional society except as provided for in this article. (Added by Stats. 1978, Ch. 1106.)
  97. 850.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    A healing arts board must require electronic renewal applicants who have a National Provider Identifier to provide it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 850.2. (a) For purposes of this section, “healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals. (b) A healing arts board shall require a licensee or registrant who electronically renews their license or registration to provide to that board the licensee’s or registrant’s individual National Provider Identifier, if they have one. (c) A violation of this section shall not constitute a crime. (Added by Stats. 2024, Ch. 369, Sec. 1. (AB 1991) Effective January 1, 2025.)
  98. 850.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    This section bars certain officers and healing arts boards from taking criminal, civil, disciplinary, or licensing action based on lawful mifepristone or medication-abortion-related conduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 850.3. (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local officer shall not commence a criminal, civil, professional discipline, or licensing action against an individual licensed or certified by a healing arts board concerning the manufacture, transport, distribution, delivery, receipt, acquisition, sale, possession, furnishment, dispensation, repackaging, or storage of brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state. (b) A healing arts board shall not suspend a license, revoke a license, or otherwise take disciplinary action against a licensee solely on the basis that the licensee manufactured, transported, distributed, delivered, received, acquired, sold, possessed, furnished, dispensed, repackaged, or stored brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state. (c) A healing arts board shall not deny an application for licensure, or suspend a license, revoke a license, or otherwise impose discipline upon a licensee or health care practitioner subject to this division solely because the licensee or practitioner was convicted or disciplined in another state solely for an activity related to brand name or generic mifepristone or any drug used for medication abortion that, if performed in this state, would not be grounds for denial, suspension, revocation, or other discipline. (Added by Stats. 2025, Ch. 136, Sec. 4. (AB 260) Effective September 26, 2025.)
  99. 8500.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    General provisions in this chapter control how the chapter is interpreted, unless the text says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8500. Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter. (Repealed and added by Stats. 1941, Ch. 1163.)
  100. 8501.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    In this section, “Director” means the Director of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8501. “Director” refers to the Director of Consumer Affairs. (Amended by Stats. 2013, Ch. 352, Sec. 8. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  101. 8502.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “Board” as the Structural Pest Control Board within the Department of Consumers Affairs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8502. “Board” refers to the Structural Pest Control Board within the Department of Consumers Affairs. (Amended by Stats. 2013, Ch. 352, Sec. 9. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  102. 8503.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Registrar” means the registrar of the Structural Pest Control Board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8503. “Registrar” refers to the registrar of the Structural Pest Control Board. (Repealed and added by Stats. 1941, Ch. 1163.)
  103. 8503.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Committee” means the Disciplinary Review Committee established under Section 8660.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8503.5. “Committee” means the Disciplinary Review Committee established pursuant to Section 8660. (Amended by Stats. 1986, Ch. 1266, Sec. 1.)
  104. 8504.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Person” includes individuals and several kinds of organizations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8504. “Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof. (Amended by Stats. 1994, Ch. 1010, Sec. 14. Effective January 1, 1995.)
  105. 8504.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “pesticide” to include spray adjuvants and substances or mixtures intended to prevent, destroy, repel, or mitigate pests or organisms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8504.1. “Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances, which is intended to be used for preventing, destroying, repelling, or mitigating any pest or organism. (Added by Stats. 2014, Ch. 560, Sec. 1. (SB 1244) Effective January 1, 2015.)
  106. 8504.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “control” for structural pest control as a pest population management system used to reduce or maintain pests below levels causing economic or material injury, or to prevent that injury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8504.2. “Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or material injury, or to manipulate the populations to prevent causing such injury. (Added by Stats. 2018, Ch. 572, Sec. 1. (SB 1481) Effective January 1, 2019.)
  107. 8504.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “eradication” as the total elimination of a pest from a designated area.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8504.3. “Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same meaning as eradication. (Added by Stats. 2018, Ch. 572, Sec. 2. (SB 1481) Effective January 1, 2019.)
  108. 8504.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “inspection” as a field representative or operator physically performing an onsite assessment of real property.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8504.4. “Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property. (Added by Stats. 2018, Ch. 572, Sec. 3. (SB 1481) Effective January 1, 2019.)
  109. 8505.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “structural pest control,” “pest control,” and “household pests” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505. (a) “Structural pest control” and “pest control” as used in this chapter are synonymous. Except as provided in Section 8555 and elsewhere in this chapter, it is, with respect to household pests and wood destroying pests or organisms, or other pests that may invade households or other structures, including railroad cars, ships, docks, trucks, airplanes, or the contents thereof, the engaging in, offering to engage in, advertising for, soliciting, or the performance of, any of the following: (1) Identification of infestations or infections. (2) The making of an inspection or inspections for the purpose of identifying or attempting to identify infestations or infections of household or other structures by those pests or organisms. (3) The making of inspection reports, recommendations, estimates, and bids, whether oral or written, with respect to those infestations or infections. (4) The making of contracts, or the submitting of bids for, or the performance of any work including the making of structural repairs or replacements, or the use of pesticides, or mechanical devices for the purpose of eliminating, exterminating, controlling or preventing infestations or infections of those pests, or organisms. (b) “Household pests” are defined for the purpose of this chapter as those pests other than wood destroying pests or organisms, which invade households and other structures, including, but not limited to, rodents, vermin, and insects. (Amended by Stats. 2014, Ch. 560, Sec. 2. (SB 1244) Effective January 1, 2015.)
  110. 8505.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines fumigation, warning agents, and simple asphyxiants, and lets the board regulate lists of these substances.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.1. (a) Except as provided in subdivisions (b) and (c), for the purpose of this act, “fumigation” shall be defined as the use within an enclosed space for the destruction of plant or animal life, a substance having a vapor pressure greater than 5 millimeters of mercury at 25 degrees centigrade when the substance is labeled for those purposes. The following is a list of lethal fumigants: (1) Methyl bromide. (2) Sulfuryl fluoride. (3) Aluminum phosphide. The board may adopt, and may as necessary amend, by regulation, a list of fumigants. (b) For the purpose of this act, “warning agent” is any agent used in combination with any fumigant that lacks warning properties. The following is a warning agent: Chloropicrin. The board may adopt, and may as necessary amend, by regulation, a list of warning agents. (c) For the purpose of this act “simple asphyxiants” shall not be deemed to be fumigants. The following is a list of simple asphyxiants: (1) Liquid nitrogen. (2) Carbon dioxide. The board may adopt, and may as necessary amend, by regulation, a list of simple asphyxiants. (Amended by Stats. 2014, Ch. 560, Sec. 3. (SB 1244) Effective January 1, 2015.)
  111. 8505.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Warning signs for fumigation must use specific colors and wording, and must display the fumigant name and company contact details.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.10. Warning signs shall be printed in red on white background and shall contain the following statement in letters not less than two inches in height: “DANGER—FUMIGATION.” They shall also depict a skull and crossbones not less than one inch in height and shall state in letters not less than one-half inch in height the name of the fumigant. These signs shall also include in legible ink of any color, the date and time fumigant was injected, and the name, address, and telephone number of the registered company performing the fumigation. Warning signs placed under a tarpaulin shall not be required to state the time the fumigant was injected. (Amended by Stats. 2014, Ch. 560, Sec. 7. (SB 1244) Effective January 1, 2015.)
  112. 8505.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered company that fumigates a structure must immediately post a durable sign, in specified accessible locations, with the company name, fumigation date, and fumigant type.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.11. If the structure which has been fumigated has an attic or if the area underneath such structure is accessible to inspection for purposes of structural pest control, the registered company which performed the fumigation shall, immediately upon completion, post in the attic, immediately adjacent to the entrance thereto, or in the area underneath the structure, immediately adjacent to the main entrance vent thereof, or in both of such places if the structure has an attic and an accessible underarea, a durable sign not less than five inches by seven inches in size stating the name of the registered company, the date of fumigation, and the type of fumigant used. (Amended by Stats. 1985, Ch. 1348, Sec. 6. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  113. 8505.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Fumigation companies must use an adequate warning agent with fumigants that lack those properties. If chloropicrin cannot be used because of unknown effects on sensitive items, the waiver must be approved and documented in advance with alternative safety precautions. Licensees must also take extra safety precautions when abnormal hazards exist.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.12. A registered company performing fumigation shall use an adequate warning agent with all fumigants which lack those properties. There may be circumstances in which the use of chloropicrin is not possible due to its unknown effects on sensitive items, including, but not limited to, artifacts in museums or in police evidence storage. In these circumstances, waiving the use of chloropicrin shall be approved by the state regulatory authority and documented in advance and shall include alternative safety precautions which address initial clearance of the site to be fumigated, potential movement of the fumigant to unattended areas, and continued site security. When conditions involving abnormal hazards exist, the licensee exercising direct and personal supervision shall take those safety precautions in addition to those prescribed by this chapter as are reasonably necessary to protect the public health and safety. (Amended by Stats. 2014, Ch. 560, Sec. 8. (SB 1244) Effective January 1, 2015.)
  114. 8505.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered company must keep a log of each fumigation job it performs in this state, keep it for at least three years, and make it available for inspection by the board during business hours.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.13. A registered company shall maintain a log of each fumigation job performed by it in this state. The log shall be in the form required by the regulations of the board and shall be preserved for a period of at least three years, during which time it shall be available at all times during business hours for inspection by the board and its authorized representatives. (Amended by Stats. 1994, Ch. 844, Sec. 3. Effective January 1, 1995.)
  115. 8505.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Fumigator” is defined as an individual licensed by the board as a structural pest control operator or as a structural pest control field representative in Branch 1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.14. “Fumigator” means any individual licensed by the board as a structural pest control operator or as a structural pest control field representative in Branch 1 as set forth in Section 8560. (Amended by Stats. 2014, Ch. 560, Sec. 9. (SB 1244) Effective January 1, 2015.)
  116. 8505.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Fumigators must know how to give artificial respiration using currently recommended Red Cross methods, and fumigating crews must carry a safety kit with required safety equipment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.16. All fumigators shall be familiar with and able to administer artificial respiration by the best method or methods recommended currently by the Red Cross in its standard texts on first aid. All fumigating crews shall be outfitted with a safety kit containing safety equipment as specified by the manufacturer’s label instructions and by all applicable laws and regulations. (Amended by Stats. 1994, Ch. 844, Sec. 4. Effective January 1, 1995.)
  117. 8505.17.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The section creates and allocates pest control education/enforcement funds, and requires registered structural pest control companies to file monthly county pesticide-use reports and keep copies for three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.17. (a) There is hereby continued in existence in the State Treasury a special fund to be known as the Structural Pest Control Education and Enforcement Fund. Funds derived from the pesticide use report filing fee provided for in Section 8674 and all proceeds from civil penalties collected by the board pursuant to Section 8617 shall be deposited in the Education and Enforcement Account which is hereby created in the fund. The account shall be used by the board (1) for the purposes of training as provided in Section 8616, (2) for reimbursement to the Director of Pesticide Regulation for work performed as the agent of the board pursuant to Sections 8616, 8616.4, and 8617 and Section 15202 of the Food and Agricultural Code and for cases referred to the board pursuant to subdivision (b) of Section 8616.5, and (3) for reasonable expenses incurred by the Disciplinary Review Committee. There is no reimbursement from this fund for inspections and routine investigations. (b) The board may withhold funds from its agent if it is not satisfied that its agent has corrected the problems which resulted in a suspension as provided in Section 8616.6. The authority to withhold funds shall be limited only to the withholding of an amount otherwise due the agent for reimbursable activities performed in the county or counties for which a notice has been filed pursuant to Section 8616.6. (c) Registered structural pest control companies shall prepare and submit to the county agricultural commissioner a monthly report of all pesticides used in that county. The report shall be on a form approved by the Director of Pesticide Regulation and shall contain the name and registration number of each pesticide and the amount used. The report shall be submitted to the commissioner by the 10th day of the month following the month of application and a copy shall be maintained by the licensee for a period of three years after the report submission date. Each pesticide use report or combination of use reports representing a registered structural pest control company’s total county pesticide use for the month shall require a pesticide use stamp or stamp number issued by the board in the denomination fixed by the board in accordance with Section 8674 as the pesticide use report filing fee. The board shall provide for the sale of these stamps and stamp numbers and for the refund of moneys paid for stamps and stamp numbers which are returned to it unused. When a registered structural pest control company performs no pest control during a month in a county in which it has given notice pursuant to Section 15204 of the Food and Agricultural Code, the registered company shall submit a use report stating this fact to the commissioner. A pesticide use stamp or stamp number is not required on negative use reports. (d) All other proceeds from civil penalties collected by the board shall be deposited in the Civil Penalties Account which is hereby created in the fund. These funds shall be available to the board upon appropriation by the Legislature for the purposes of enforcing this chapter. (Amended by Stats. 2014, Ch. 560, Sec. 10. (SB 1244) Effective January 1, 2015.)
  118. 8505.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Fumigation may be performed only when it is directly and personally supervised by a licensed operator or field representative in Branch 1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.2. Fumigation shall be performed only under the direct and personal supervision of an individual who is licensed by the board as an operator or field representative in Branch 1 as set forth in Section 8560. (Amended by Stats. 2014, Ch. 560, Sec. 4. (SB 1244) Effective January 1, 2015.)
  119. 8505.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Direct and personal supervision” means the Branch 1 licensee must be present at the fumigation site during fumigant release, when ventilation starts, and when the property is released for occupancy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.3. “Direct and personal supervision” as used in Section 8505.2 means that the Branch 1 licensee exercising that supervision shall be present at the site of the fumigation during the entire time the fumigants are being released, the time ventilation is commenced, and at the time property is released for occupancy. (Amended by Stats. 2007, Ch. 354, Sec. 19. Effective January 1, 2008.)
  120. 8505.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Fumigation must comply with all applicable state, county, city, and U.S. laws and regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.4. Fumigation shall be performed in compliance with all applicable state, county, and city laws and ordinances and all applicable laws and regulations of the United States. (Amended by Stats. 2007, Ch. 354, Sec. 20. Effective January 1, 2008.)
  121. 8505.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Before fumigation, the fumigator must notify the local fire department and county commissioner, and the fire department generally cannot charge fees for related services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.5. (a) Notice of the date and place of fumigation, and chemicals to be used, shall be given by the fumigator to the fire department serving the area in which fumigation is to be performed not less than two hours prior to the time fumigation begins. The fire department shall not charge any fees for any service related to structural pest control activities except for the costs of an emergency response necessitated by illegal or negligent actions. (b) Notice of each fumigation to be performed shall be given to the commissioner in the county in which the job is to be performed. The notice, which may be mailed or given by telephone, at the option of the commissioner, shall be given at least 24 hours prior to the time fumigation begins, unless the commissioner determines that less time is sufficient. A fee shall not be assessed for processing this notice. (Amended by Stats. 2014, Ch. 560, Sec. 5. (SB 1244) Effective January 1, 2015.)
  122. 8505.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Before fumigation starts, all occupants must leave the space to be fumigated.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.7. The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation, and all entrances thereto shall be locked, barricaded, or otherwise secured against entry until the end of exposure period, then opened for ventilation and relocked, barricaded, or otherwise secured against re-entry, until declared by the licensee exercising direct and personal supervision over the fumigation to be safe for reoccupancy. (Amended by Stats. 1985, Ch. 1348, Sec. 4. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  123. 8505.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Before fumigation starts, the space must be sealed so testing before ventilation shows the fumigant concentration has been retained, following the manufacturer’s recommendations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.8. Prior to the commencement of fumigation, the space to be fumigated shall be sealed in such manner that tests taken before ventilation is begun will show that the required concentration of the fumigant released within the space has been retained therein, in compliance with the manufacturer’s recommendations. (Added by Stats. 1961, Ch. 1201.)
  124. 8505.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Before fumigation starts, warning signs must be posted at entrances near the fumigated space and left up until fumigation and ventilation are finished and the premises are safe to reoccupy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8505.9. Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall not be removed until fumigation and ventilation has been completed, and the premises safe for reoccupancy. Ventilation shall be conducted with due regard for the public safety. (Added by Stats. 1961, Ch. 1201.)
  125. 8506.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “structural pest control operator” and lets a deceased licensee’s executor or administrator get board authorization to run the business for up to one year to wind it up or dispose of it, with limits on new work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8506. (a) “Structural pest control operator” is any individual licensed by the board to practice structural pest control. (b) As used in this chapter, “operator” refers to “structural pest control operator.” (c) In the event of death of a licensee, the executor or administrator of the deceased person may obtain from the board written authorization for such executor or administrator to conduct the business of such deceased licensee for a period not to exceed one year after the date of death for the purpose of winding up or disposing of the structural pest control business of the deceased licensee; but such authorization shall not entitle such executor or administrator to solicit, engage in, or undertake any structural pest control work not already contracted for by such deceased licensee unless a properly classified and licensed operator is employed to manage, supervise, and direct the business. (Amended by Stats. 1985, Ch. 1348, Sec. 12. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  126. 8506.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A registered company may secure, bid on, and contract for pest control work, and may use licensed staff and some unlicensed workers, but unlicensed people may not do work that requires a license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8506.1. (a) A “registered company” is any sole proprietorship, partnership, corporation, or other organization or any combination thereof that is registered with the Structural Pest Control Board to engage in the practice of structural pest control. (b) A registered company may secure structural pest control work, submit bids, or otherwise contract for pest control work. A registered company may employ licensed field representatives and licensed operators to identify infestations or infections, make inspections, and represent the company in the securing of pest control work. A registered company may hire or employ individuals who are not licensed under this chapter to perform work on contracts covering Branch 1, 2, or 3, or any combination of branches, only after an operator or field representative has fully completed the negotiation or signing of the contract covering a given job. (c) This section shall not be construed to authorize an unlicensed individual to perform work that requires a license pursuant to this chapter. (Amended by Stats. 2016, Ch. 359, Sec. 1. (AB 2529) Effective January 1, 2017.)
  127. 8506.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A qualifying manager is a licensed operator designated by a registered company to oversee the company’s daily business and be physically present at the office for at least nine days every three consecutive calendar months.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8506.2. A “qualifying manager” is the licensed operator or operators designated by a registered company to supervise the daily business of the company and to be physically present at the principal office or branch office location for a minimum of nine days every three consecutive calendar months to supervise and assist the company’s employees. These days shall be documented and provided to the board upon request. (Amended by Stats. 2016, Ch. 181, Sec. 1. (AB 1874) Effective January 1, 2017.)
  128. 8507.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines a structural pest control field representative and says that such a representative may not contract for or perform pest control work on their own behalf.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8507. (a) “Structural pest control field representative” is any individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make inspections, apply pesticides, submit bids for or otherwise contract, on behalf of a registered company. A pest control field representative shall not contract for pest control work or perform pest control work on his or her own behalf. (b) As used in this chapter, “field representative” refers to “structural pest control field representative.” (Amended by Stats. 2007, Ch. 354, Sec. 23. Effective January 1, 2008.)
  129. 8507.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A structural pest control applicator is a board-licensed individual who applies pesticides in Branch 2 or 3 for a registered company, and may not do pest control work for their own account.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8507.1. (a) (1) “Structural pest control applicator” is any individual who is licensed by the board to apply pesticides in Branch 2 or Branch 3 on behalf of a registered company. (2) A structural pest control applicator shall not contract for pest control work or perform pest control work in his or her own behalf. (b) As used in this chapter, “applicator” refers to “structural pest control applicator.” (Amended by Stats. 2014, Ch. 560, Sec. 11. (SB 1244) Effective January 1, 2015.)
  130. 8508.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    “Household” means a structure and its contents used for persons and their convenience.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8508. “Household” means any structure and its contents that are used for persons and their convenience. (Amended by Stats. 2015, Ch. 430, Sec. 33. (AB 181) Effective January 1, 2016.)
  131. 8509.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    A branch office is a fixed business location other than the principal office, used for pest control company activities such as keeping records, receiving mail, handling statements or money, or receiving service, bid, or information requests.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8509. “Branch office” is any fixed place of business in addition to the location of the principal office for which the company registration is issued, where records are kept, mail received, statements rendered, money is collected, or requests are received for service or bids, or information is given pertaining to the practice of pest control, other than governmental offices. (Amended by Stats. 2007, Ch. 354, Sec. 24. Effective January 1, 2008.)
  132. 851.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    A healing arts licensure board or examining committee may, by regulation, require applicants to meet certain association or society standards or pass a specified exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 851. A healing arts licensure board or examining committee may by regulation require an applicant for licensure or certification to meet the standards of a specified private voluntary association or professional society when either of the following conditions is met: (a) There is direct statutory authority or requirement that the board or examining committee utilize the standards of the specified private voluntary association or professional society; or (b) The board or examining committee specifies in the regulation the amount of education, training, experience, examinations, or other requirements of the private voluntary association or professional society, which standards shall be consistent with the provisions of law regulating such licensees, and the board or examining committee adopts such standards in public hearing. The board or examining committee may, by regulation, require an applicant to successfully complete an examination conducted by or created by a relevant national certification association, testing firm, private voluntary association, or professional society. Nothing in this section authorizes the Medical Board of California to limit the licensure of physicians and surgeons by specialty. (Amended by Stats. 1989, Ch. 886, Sec. 15.)
  133. 8510.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “wood preservative” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8510. For purposes of this chapter, “wood preservative” means any coating formulated to protect wood surfaces from deterioration caused by insects, fungus, rot, and decay and which contains a wood preservative chemical that is registered with the Department of Pesticide Regulation and the United States Environmental Protection Agency. (Amended by Stats. 2007, Ch. 354, Sec. 25. Effective January 1, 2008.)
  134. 8511.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “manufacturer” for structural pest control law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8511. “Manufacturer” is a person engaged in the processing of materials used in the practice of pest control, but who does not himself engage in such practice. (Added by Stats. 1941, Ch. 1163.)
  135. 8512.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section defines “employer” as a registered company that hires certain pest control workers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8512. “Employer” refers to a registered company that employs operators, field representatives, applicators, and other individuals, the latter not being required to be licensed under this chapter, who work on pest control jobs under the supervision of an operator or field representative. (Amended by Stats. 2007, Ch. 354, Sec. 26. Effective January 1, 2008.)
  136. 8513.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must prescribe a “Notice to Owner” form, and registered pest control companies must give required notices and releases to the owner, agent, or payer; they also may not ask for lien-rights waivers from subcontractors, employees, or suppliers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8513. (a) The board shall prescribe a form entitled “Notice to Owner” that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this state’s mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this “Notice to Owner” to the owner, his or her agent, or the payer. (b) No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier. (c) Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer. (d) Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code. (e) Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer. (f) A violation of the provisions of this section is a ground for disciplinary action. (Amended by Stats. 2015, Ch. 430, Sec. 34. (AB 181) Effective January 1, 2016.)
  137. 8514.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Certain registered pest control companies cannot start work or issue pest-control opinions before an inspection, and subcontracting is allowed only under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8514. (a) A Branch 2 or 3 registered company shall not commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the control of household pests, or wood destroying pests or organisms until the registered company has completed an inspection. (b) Notwithstanding any provision of this chapter, after an inspection has been made, a registered company which holds a branch registration for the control of household pests, or wood destroying pests or organisms, but whose branch registration restricts the method of eradication or control permitted, may recommend and enter into a contract for the eradication or control of pests within the scope of its branch registration, provided that it subcontracts, in writing, the actual performance of the work to a registered company which holds a branch registration authorizing the particular method to be used. (c) A registered company may subcontract, in writing, any pest control work for which it is registered in any branch or branches to a registered company holding a valid branch registration to do that work. (d) Nothing in this chapter shall be construed to prohibit a registered company or the consumer from subcontracting with a licensed contractor to do any work authorized under Section 8556. (e) A registered company shall not subcontract structural fumigation work, as permitted in this section, without the written consent of the consumer. The consumer shall be informed in advance, in writing, of any proposed work which the registered company intends to subcontract and of the consumer’s right to select another person or entity of the consumer’s choosing to perform the work. The consumer may authorize the subcontracting of the work as proposed or may contract directly with another registered company licensed to perform the work. Nothing in this paragraph shall be construed to eliminate any otherwise applicable licensure requirements, nor permit a licensed contractor to perform any work beyond that authorized by Section 8556. (f) Nothing contained in this section shall permit or authorize a registered company to perform, attempt to perform, advertise or hold out to the public or to any person that it is authorized, qualified, or registered to perform, pest control work in a branch, or by a method, for which it is not registered, except that a Branch 2 or Branch 3 registered company may advertise fumigation or any all encompassing treatment described in paragraph (8) of subdivision (a) of Section 1991 of Title 16 of the California Code of Regulations if the company complies with the requirements of this section. (g) Subcontracting of work, as permitted in this section, shall not relieve the prime contractor or the subcontractor from responsibility for, or from disciplinary action because of, an act or omission on its part, which would otherwise be a ground for disciplinary action. However, the registered company making the initial proposal including proposed work that the registered company intends to subcontract shall not be subject to disciplinary action or otherwise responsible for an act or omission in the performance of the work that the consumer directly contracts with another registered company, person, or entity to perform, as permitted by this section. All home solicitation contracts shall comply with Chapter 2 (commencing with Section 1688) of Title 5 of Part 2 of Division 3 of the Civil Code. (Amended by Stats. 2014, Ch. 560, Sec. 12. (SB 1244) Effective January 1, 2015.)
  138. 8514.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    A registered company may not bill or ask for payment for structural fumigation work it did not actually perform or directly supervise, unless it gives the consumer a written notice before the consumer authorizes the work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8514.5. It is unlawful for any registered company under this chapter when billing for any subcontracted work authorized under Section 8514, to charge, bill, or otherwise solicit payment from the consumer for any structural fumigation work not actually rendered by the registered company or under its direct supervision unless the consumer, prior to authorizing the performance of the work, is provided in writing with the following statement: “NOTICE: The charge for service that this company subcontracts to another registered company may include the company’s charges for arranging and administering such services that are in addition to the direct costs associated with paying the subcontractor. You may accept (company name’s) bid or you may contract directly with another registered company licensed to perform the work. If you choose to contract directly with another registered company, (company name) will not in any way be responsible for any act or omission in the performance of work that you directly contract with another to perform.” (Amended by Stats. 1996, Ch. 398, Sec. 2. Effective January 1, 1997.)
  139. 8515.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    A registered company may authorize an officer, partner, or employee to submit bids or sign contracts, if the required inspection or negotiation has been done by a licensed operator or field representative.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8515. Nothing in this chapter shall prohibit a company registered hereunder from authorizing an officer, partner, or employee to submit bids, after an inspection by an individual licensed as an operator or field representative under this act, or to sign contracts after negotiation by an individual licensed as an operator or field representative under this act, on behalf of the registered company. (Amended by Stats. 1994, Ch. 844, Sec. 9. Effective January 1, 1995.)
  140. 8516.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    This section limits the rule to wood-destroying pests or organisms and requires registered companies and licensees to follow inspection-report, filing, retention, delivery, and control-service-agreement requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8516. (a) This section, and Section 8519, apply only to wood destroying pests or organisms. (b) A registered company or licensee shall not commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the absence or presence of wood destroying pests or organisms until an inspection has been made by a licensed Branch 3 field representative or operator employed by a registered company, except as provided in Section 8519.5. The address of each property inspected or upon which work is completed shall be reported on a form prescribed by the board and shall be filed with the board no later than 10 business days after the commencement of an inspection or upon completed work. Every property inspected pursuant to this subdivision or Section 8518 shall be assessed a filing fee pursuant to Section 8674. Failure of a registered company to report and file with the board the address of any property inspected or work completed pursuant to Section 8518 or this section is grounds for disciplinary action and shall subject the registered company to a fine of not more than two thousand five hundred dollars ($2,500). The address of an inspection report prepared for use by an attorney for litigation purposes shall not be required to be reported to the board and shall not be assessed a filing fee. A written inspection report conforming to this section and a form approved by the board shall be prepared and delivered to the person requesting the inspection and the property owner, or to the property owner’s designated agent, within 10 business days from the start of the inspection, except that an inspection report prepared for use by an attorney for litigation purposes is not required to be reported to the board or the property owner. An inspection report may be a complete, limited, supplemental, or reinspection report, as defined by Section 1993 of Title 16 of the California Code of Regulations. The report shall be delivered before work is commenced on any property. The registered company shall retain for three years all inspection reports, field notes, and activity forms. Reports shall be made available for inspection and reproduction to the executive officer of the board or their duly authorized representative during business hours. All inspection reports or copies thereof shall be submitted to the board upon demand within two business days. The following shall be set forth in the report: (1) The start date of the inspection and the name of the licensed field representative or operator making the inspection. (2) The name and address of the person or firm ordering the report. (3) The name and address of the property owner and any person who is a party in interest. (4) The address or location of the property. (5) A general description of the building or premises inspected. (6) A foundation diagram or sketch of the structure or structures or portions of the structure or structures inspected, including the approximate location of any infested or infected areas evident, and the parts of the structure where conditions that would ordinarily subject those parts to attack by wood destroying pests or organisms exist. Reporting of the infested or infected wood members, or parts of the structure identified, shall be listed in the inspection report to clearly identify them, as is typical in standard construction components, including, but not limited to, siding, studs, rafters, floor joists, fascia, subfloor, sheathing, and trim boards. (7) Information regarding the substructure, foundation walls and footings, porches, patios and steps, air vents, abutments, attic spaces, roof framing that includes the eaves, rafters, fascias, exposed timbers, exposed sheathing, ceiling joists, and attic walls, or other parts subject to attack by wood destroying pests or organisms. Conditions usually deemed likely to lead to infestation or infection, such as earth-wood contacts, excessive cellulose debris, faulty grade levels, excessive moisture conditions, evidence of roof leaks, and insufficient ventilation are to be reported. (8) One of the following statements, as appropriate, printed in bold type: (A) The exterior surface of the roof was not inspected. If you want the water tightness of the roof determined, you should contact a roofing contractor who is licensed by the Contractors State License Board. (B) The exterior surface of the roof was inspected to determine whether or not wood destroying pests or organisms are present. (9) Indication or description of any areas that are inaccessible or not inspected with recommendation for further inspection if practicable. If, after the report has been made in compliance with this section, authority is given later to open inaccessible areas, a supplemental report on conditions in these areas shall be made. (10) Recommendations for corrective measures. (11) Information regarding the pesticide or pesticides to be used for their control or prevention as set forth in subdivision (a) of Section 8538. (12) The inspection report shall clearly disclose that if requested by the person ordering the original report, a reinspection of the structure will be performed if an estimate or bid for making repairs was given with the original inspection report, or thereafter. An estimate or bid shall be given separately allocating the costs to perform each and every recommendation for corrective measures as specified in subdivision (c) with the original inspection report if the person who ordered the original inspection report so requests, and if the registered company is regularly in the business of performing each corrective measure. If no estimate or bid was given with the original inspection report, or thereafter, then the registered company shall not be required to perform a reinspection. A reinspection shall be an inspection of those items previously listed on an original report to determine if the recommendations have been completed. Each reinspection shall be reported on an original inspection report form and shall be labeled “Reinspection.” Each reinspection shall also identify the original report by date. After four months from an original inspection, all inspections shall be original inspections and not reinspections. Any reinspection shall be performed for not more than the price of the registered company’s original inspection price and shall be completed within 10 business days after a reinspection has been ordered. (13) The inspection report shall contain the following statement, printed in boldface type: “NOTICE: Reports on this structure prepared by various registered companies should list the same findings (i.e. termite infestations, termite damage, fungus damage, etc.). However, recommendations to correct these findings may vary from company to company. You have a right to seek a second opinion from another company.” (c) At the time a report is ordered, the registered company or licensee shall inform the person or entity ordering the report, that a separate report is available pursuant to this subdivision. If a separate report is requested at the time the inspection report is ordered, the registered company or licensee shall separately identify on the report each recommendation for corrective measures as follows: (1) The infestation or infection that is evident. (2) The conditions that are present that are deemed likely to lead to infestation or infection. If a registered company or licensee fails to inform as required by this subdivision and a dispute arises, or if any other dispute arises as to whether this subdivision has been complied with, a separate report shall be provided within 24 hours of the request but, in no event, later than the next business day, and at no additional cost. (d) When a corrective condition is identified, either as paragraph (1) or (2) of subdivision (c), and the property owner or the property owner’s designated agent chooses not to correct those conditions, the registered company or licensee shall not be liable for damages resulting from a failure to correct those conditions or subject to any disciplinary action by the board. Nothing in this subdivision, however, shall relieve a registered company or a licensee of any liability resulting from negligence, fraud, dishonest dealing, other violations pursuant to this chapter, or contractual obligations between the registered company or licensee and the responsible parties. (e) The inspection report form prescribed by the board shall separately identify the infestation or infection that is evident and the conditions that are present that are deemed likely to lead to infestation or infection. If a separate form is requested, the form shall explain the infestation or infection that is evident and the conditions that are present that are deemed likely to lead to infestation or infection and the difference between those conditions. In no event, however, shall conditions deemed likely to lead to infestation or infection be characterized as actual “defects” or as actual “active” infestations or infections or in need of correction as a precondition to issuing a certification pursuant to Section 8519. (f) The report and any contract entered into shall also state specifically when any guarantee for the work is made, and if so, the specific terms of the guarantee and the period of time for which the guarantee shall be in effect. If a guarantee extends beyond three years, the registered company shall maintain all original inspection reports, field notes, activity forms, and notices of completion for the duration of the guarantee period and for one year after the guarantee expires. (g) For purposes of this section, “control service agreement” means an agreement, including extended warranties, to have a licensee conduct over a period of time regular inspections and other activities related to the control or eradication of wood destroying pests and organisms. Under a control service agreement a registered company shall refer to the original report and contract in a manner as to identify them clearly, and the report shall be assumed to be a true report of conditions as originally issued, except it may be modified after a control service inspection. A registered company is not required to issue a report as outlined in paragraphs (1) to (11), inclusive, of subdivision (b) after each control service inspection. If after control service inspection, no modification of the original report is made in writing, then it will be assumed that conditions are as originally reported. A control service contract shall state specifically the particular wood destroying pests or organisms and the portions of the buildings or structures covered by the contract. (h) A registered company or licensee may enter into and maintain a control service agreement provided the following requirements are met: (1) The control service agreement shall be in writing, signed by both parties, and shall specifically include the following: (A) The wood destroying pests and organisms covered by the control service agreement. (B) Any wood destroying pest or organism that is not covered must be specifically listed. (C) The type and manner of treatment to be used to correct the infestations or infections. (D) The structures or buildings, or portions thereof, covered by the agreement, including a statement specifying whether the coverage for purposes of periodic inspections is limited or full. Any exclusions from those described in the original report must be specifically listed. (E) A reference to the original inspection report. (F) The frequency of the inspections to be provided, the fee to be charged for each renewal, and the duration of the agreement. (G) Whether the fee includes structural repairs. (H) If the services provided are guaranteed, and, if so, the terms of the guarantee. (I) A statement that all corrections of infestations or infections covered by the control service agreement shall be completed within six months of discovery, unless otherwise agreed to in writing by both parties. (2) The original inspection report, the control service agreement, and completion report shall be maintained for three years after the cancellation of the control service agreement. (3) Inspections made pursuant to a control service agreement shall be conducted by a Branch 3 licensee. Section 8506.1 does not modify this provision. (4) A full inspection of the property covered by the control service agreement shall be conducted and a report filed pursuant to subdivision (b) at least once every three years from the date that the agreement was entered into, unless the consumer cancels the contract within three years from the date the agreement was entered into. (5) Under a control service agreement, a written report shall be required for the correction of any infestation or infection unless all of the following conditions are met: (A) The infestation or infection has been previously reported. (B) The infestation or infection is covered by the control service agreement. (C) There is no additional charge for correcting the infestation or infection. (D) Correction of the infestation or infection takes place within 45 days of its discovery. (E) Correction of the infestation or infection does not include fumigation. (6) All notice requirements pursuant to Section 8538 shall apply to all pesticide treatments conducted under control service agreements. (i) All work recommended by a registered company, where an estimate or bid for making repairs was given with the original inspection report, or thereafter, shall be recorded on this report or a separate work agreement and shall specify a price for each recommendation. This information shall be provided to the person requesting the inspection, and shall be retained by the registered company with the inspection report copy for three years. (Amended by Stats. 2020, Ch. 312, Sec. 93. (SB 1474) Effective January 1, 2021.)
  141. 8517.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    Certain pest-control-related documents must refer to the Section 8516 inspection report and state whether the recommended work was completed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8517. Any work contract, billing, agreement, letter of work completed, or other correspondence or document expressing an opinion or making a statement relating to the presence or absence of wood destroying pests or organisms, shall refer to the inspection report required by Section 8516. These documents shall indicate specifically whether all of the recommended work as set forth in the inspection report was completed, or, if not, the document shall indicate specifically which recommendations were not completed. (Amended by Stats. 2018, Ch. 572, Sec. 4. (SB 1481) Effective January 1, 2019.)
  142. 8518.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    A registered company must give the owner a notice after completing contracted work, file property addresses with the board, keep records for three years, and provide notices to the board’s executive officer or the board on request.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8518. (a) When a registered company completes work under a contract, it shall prepare, on a form prescribed by the board, a notice of work completed and not completed, and shall furnish that notice to the owner of the property or the owner’s agent within 10 business days after completing the work. The notice shall include a statement of the cost of the completed work and estimated cost of work not completed. (b) The address of each property inspected or upon which work was completed shall be reported on a form prescribed by the board and shall be filed with the board no later than 10 business days after completed work. (c) A filing fee shall be assessed pursuant to Section 8674 for every property upon which work is completed. (d) Failure of a registered company to report and file with the board the address of any property upon which work was completed pursuant to subdivision (b) of Section 8516 or this section is grounds for disciplinary action and shall subject the registered company to a fine of not more than two thousand five hundred dollars ($2,500). (e) The registered company shall retain for three years all original notices of work completed, work not completed, and activity forms. (f) Notices of work completed and not completed shall be made available for inspection and reproduction to the executive officer of the board or his or her duly authorized representative during business hours. Original notices of work completed or not completed or copies thereof shall be submitted to the board upon request within two business days. (g) This section shall only apply to work relating to wood destroying pests or organisms. (Amended by Stats. 2016, Ch. 799, Sec. 41. (SB 1039) Effective January 1, 2017.)
  143. 8519.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    A registered company must prepare and deliver a certification if the inspection customer asks for one, and the certification must be included with the inspection report.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8519. Certification as used in this section means a written statement by the registered company attesting to the statement contained therein relating to the absence or presence of wood-destroying pests or organisms and, listing such recommendations, if any, which appear on an inspection report prepared pursuant to Section 8516, and which relate to (1) infestation or infection of wood-destroying pests or organisms found, or (2) repair of structurally weakened members caused by such infestation or infection, and which recommendations have not been completed at the time of certification. Any registered company which makes an inspection report pursuant to Section 8516, shall, if requested by the person ordering the inspection report, prepare and deliver to that person or his or her designated agent, a certification, to provide: (a) When the inspection report prepared pursuant to Section 8516 has disclosed no infestation or infection: “This is to certify that the above property was inspected on ____ (date(s)) in accordance with the Structural Pest Control Act and rules and regulations adopted pursuant thereto, and that no evidence of active infestation or infection was found in the visible and accessible areas.” (b) When the inspection report prepared pursuant to Section 8516 discloses infestation or infection and the notice of work completed prepared pursuant to Section 8518, or when the reinspection report prepared pursuant to Section 8516, indicates that all recommendations to remove that infestation or infection and to repair damage caused by that infestation or infection have been completed: “This is to certify that the property described herein is now free of evidence of active infestation or infection in the visible and accessible areas.” (c) When the inspection report prepared pursuant to Section 8516 discloses infestation or infection and the notice of work completed prepared pursuant to Section 8518 indicates that the registered company has not completed all recommendations to remove that infestation or infection or to repair damage caused by it: “This is to certify that the property described herein is now free of evidence of active infestation or infection in the visible and accessible areas except as follows: ____ (describing infestations, infections, damage or evidence thereof, excepted).” (d) When a limited inspection report prepared pursuant to Section 8516 has disclosed no infestation or infection: “This is to certify that a limited inspection report was conducted on the area of the property described herein on ____ (date(s)) in accordance with the Structural Pest Control Act and rules and regulations adopted pursuant thereto, and has revealed no evidence of active infestation or infection in the visible and accessible areas inspected.” This certification shall be included on and made part of the complete, limited, supplemental, or reinspection report prepared pursuant to Section 8516, and by a copy of the notice of work completed prepared pursuant to Section 8518, if any notice has been prepared at the time of the certification, or the certification may be endorsed on and made a part of that inspection report or notice of work completed. (Amended by Stats. 2018, Ch. 572, Sec. 5. (SB 1481) Effective January 1, 2019.)
  144. 8519.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. )

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    This section requires fumigation-related certification and warranty paperwork, and sets refumigation steps and deadlines after a failed fumigation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 1. General Provisions [8500 - 8519.5] ( Article 1 added by Stats. 1941, Ch. 1163. ) ## 8519.5. (a) After an inspection report has been prepared by a Branch 3 registered company pursuant to Section 8516, which discloses a wood destroying pest or organism that can be eradicated by fumigation, and the fumigation has been duly performed by a Branch 1 registered company, the Branch 1 registered company, on a company document that identifies the licensee performing the fumigation and the name and address of the registered company, shall issue the following certification: “This is to certify that the property located at ____ (address) was fumigated on ____ (date) for the extermination of ____ (target pest).” This certification shall be issued to the registered company that prepared the inspection report within five working days after completing the fumigation. (1) Where a consumer has authorized a Branch 3 registered company to subcontract the fumigation to a Branch 1 registered company, a copy of the certification pursuant to subdivision (a) shall accompany any inspection report, notice of work completed pursuant to Section 8518, or certification issued by the Branch 3 registered company. (2) Where the consumer has elected to contract directly with a Branch 1 registered company to perform a fumigation, the Branch 1 registered company shall provide the certification described in subdivision (a) to the consumer who ordered the fumigation. (b) A warranty for fumigation shall be provided in writing by the registered company contracting with the owner or the owner’s designated agent. (c) In the event of a failed fumigation, the following shall apply: (1) When a consumer authorizes a Branch 3 registered company to subcontract the fumigation to a Branch 1 registered company, the Branch 3 registered company shall verify the need for a refumigation and issue an inspection report in accordance with Section 8516. The consumer shall not be charged for this inspection. Following completion of the refumigation, a new certification and any additional warranty or guarantee shall be issued to the owner or the owner’s designated agent. (2) When the consumer elects to contract directly with a Branch 1 registered company to perform a fumigation, the Branch 1 registered company shall do all of the following: (A) Verify the need for a refumigation by obtaining a Branch 3 inspection at no charge to the consumer during the duration of a warranty or guarantee issued by the Branch 1 registered company. (B) Maintain with the original inspection report, on a company document, all of the following: (i) The name of the current owner of the structure fumigated, the address of the structure, and the date of the failed fumigation. (ii) An explanation of the need for refumigation. (iii) The proposed date for the refumigation. Following completion of the refumigation, a new certification and any additional warranty or guarantee shall be issued to the owner or the owner’s designated agent. (C) Within five working days after the completion of the refumigation, the Branch 1 registered company, on a company document, shall file with the current owner, notification of the Branch 3 registered company whose report was used for the original fumigation, or refumigation. Any certification issued by the Branch 1 registered company shall also comply with subdivision (a), if applicable. (Amended by Stats. 2018, Ch. 572, Sec. 6. (SB 1481) Effective January 1, 2019.)
  145. 852.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    A licensee or health care practitioner acting within scope of practice is protected from discipline for performing, recommending, or providing a legally protected health care activity for a patient in a state where that activity is illegal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 852. The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal. (Added by Stats. 2023, Ch. 260, Sec. 3. (SB 345) Effective January 1, 2024.)
  146. 8520.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The Structural Pest Control Board is placed in the Department of Consumer Affairs, has seven members, and must administer this chapter, subject to the director’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8520. (a) There is in the Department of Consumer Affairs a Structural Pest Control Board, which consists of seven members. (b) Subject to the jurisdiction conferred upon the director by Division 1 (commencing with Section 100), the board is vested with the power to and shall administer the provisions of this chapter. (c) It is the intent of the Legislature that consumer protection is the primary mission of the board. (d) 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. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2023, Ch. 507, Sec. 1. (SB 813) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  147. 8520.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The Structural Pest Control Board must make public protection its highest priority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8520.1. Protection of the public shall be the highest priority for the Structural Pest Control Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 34. Effective January 1, 2003.)
  148. 8520.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The Structural Pest Control Board is moved to the Department of Consumer Affairs, and related staff, members, registrar, and board property/control arrangements continue under that department.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8520.2. (a) The Structural Pest Control Board is hereby transferred from the jurisdiction of the Department of Pesticide Regulation and placed under the jurisdiction of the Department of Consumer Affairs. (b) The registrar of the board under the jurisdiction of the Department of Pesticide Regulation shall remain as the registrar of the board under the jurisdiction of the Department of Consumer Affairs. (c) The members appointed to the board while under the jurisdiction of the Department of Pesticide Regulation shall remain as members of the board under the jurisdiction of the Department of Consumer Affairs. (d) All employees of the board under the jurisdiction of the Department of Pesticide Regulation are hereby transferred to the board under the jurisdiction of the Department of Consumer Affairs. (e) The duties, powers, purposes, responsibilities, and jurisdictions of the board under the jurisdiction of the Department of Pesticide Regulation shall remain with the board under the jurisdiction of the Department of Consumer Affairs. (f) For the performance of the duties and the exercise of the powers vested in the board under this chapter, the board shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the board formerly within the jurisdiction of the Department of Pesticide Regulation. (g) Any reference to the board in this chapter or in any other provision of law or regulation shall be construed as a reference to the board under the jurisdiction of the Department of Consumer Affairs. (Amended by Stats. 2013, Ch. 352, Sec. 11. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  149. 8521.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board has seven members: three licensed pest control operators who meet a five-year licensing history and residency condition, and four public members who are not licentiates of the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8521. The board is composed of seven members, three of whom shall be, and shall have been for a period of not less than five years preceding the date of their appointment, operators licensed under this chapter actively engaged in the business of pest control and who are residents of this state, and four public members who shall not be licentiates of the board. (Amended by Stats. 1983, Ch. 189, Sec. 2.)
  150. 8522.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    This section sets board appointment, vacancy, nomination, and term-limit rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8522. (a) Members of the board shall be appointed for a term of four years, subject to removal by the appointing power at his or her pleasure. (b) Vacancies shall be filled by the appointing power for the unexpired term. (c) Each member shall hold office until the appointment of his or her successor not to exceed one year from the expiration of the term for which he or she was appointed. No person shall serve as a member of the board for more than two consecutive terms. (d) Each appointment shall be for a four-year term expiring four years after either the date of the appointment or the date a previous term expired. (e) From the nominations received pursuant to subdivision (f), the Governor shall appoint two of the public members and the three licensed members qualified as provided in Section 8521. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member, and their initial appointment shall be made to fill, respectively, the first and second public member vacancies that occur on or after January 1, 1983. (f) (1) At least 60 days prior to the appointment by the Governor of a public member or licensed member to the board, the director shall solicit nominations to the board from interested parties by mailing them a notice and by posting a notice on the department’s Internet Web site. Interested parties include, but are not limited to, members or representatives from the structural pest control industry and organizations representing consumer, environmental, and real estate interests. (2) All nominations shall be made in writing and shall include (A) the name and address of each nominee, (B) if an operator, his or her license number, and (C) the name, address, and affiliation, if any, of the nominator. (3) The nominations shall be mailed to the director and shall be made available to the Governor and the director. (Amended by Stats. 2010, Ch. 238, Sec. 1. (AB 1736) Effective January 1, 2011.)
  151. 8523.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must elect a president, meet every October, and may have special meetings called by the president or three board members with notice set by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8523. The board shall organize and elect a president who shall serve for one year. The board shall meet annually during the month of October. Special meetings may be called at any time by the president or by any three members of the board, upon notice for such time and in such manner as the board may provide. (Amended by Stats. 1945, Ch. 1027.)
  152. 8524.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Four board members make a quorum, and a vacancy does not stop the remaining members from acting if a quorum still exists.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8524. Four members of the board shall constitute a quorum for the transaction of business, for the performance of any duty, or the exercise of any power or authority of the board. A vacancy on the board shall not impair the power of the remaining members to perform all duties and exercise all powers of the board providing the members remaining constitute a quorum. (Amended by Stats. 1961, Ch. 1821.)
  153. 8525.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board may make and enforce pest control rules and regulations, but only with the director’s approval. It must also consult the Department of Pesticide Regulation when developing or adopting regulations that could affect that department or a county agricultural commissioner’s responsibilities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8525. (a) The board, subject to the approval of the director, may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, adopt, amend, repeal, and enforce reasonably necessary rules and regulations relating to the practice of pest control and its various branches as established by Section 8560 and the administration of this chapter. (b) The board shall consult with the Department of Pesticide Regulation when developing or adopting regulations that may affect the Department of Pesticide Regulation or a county agricultural commissioner’s responsibilities pursuant to Division 7 (commencing with Section 12500) of the Food and Agricultural Code. (Amended by Stats. 2013, Ch. 352, Sec. 12. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  154. 8526.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Board members are entitled to a per diem and expenses under Section 103.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8526. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
  155. 8527.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must adopt and use a seal, and the registrar must keep custody of it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8527. The board shall adopt and use a seal. The seal shall have the words “Structural Pest Control Board, State of California,” and such other devices as the board may desire, engrossed thereon. The registrar shall have the care and custody of the seal. (Added by Stats. 1941, Ch. 1163.)
  156. 8528.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    With the director’s approval, the board must appoint a registrar, set the registrar’s compensation, and prescribe the registrar’s duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8528. (a) With the approval of the director, the board shall appoint a registrar, fix the registrar’s compensation, and prescribe the registrar’s duties. (b) The registrar is the executive officer and secretary of the board. (c) 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. 507, Sec. 2. (SB 813) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  157. 8529.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The registrar may appoint needed assistants and set their compensation, but only with approval from the board and director and subject to the State Civil Service Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8529. The registrar, with the approval of the board and of the director, and subject to the State Civil Service Act, may appoint and fix the compensation of such other assistants as may be necessary. (Amended by Stats. 1985, Ch. 1382, Sec. 11.)
  158. 8530.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board may establish its main office and branch offices in any city in the state, but only with the director’s approval.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8530. The board, with the approval of the director, may establish the main office of the board, and branch offices of the board in any city of this State. (Repealed and added by Stats. 1941, Ch. 1163.)
  159. 8531.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The registrar must keep a complete record of the board’s actions and maintain a complete index record of license and registration applications and status changes at the board’s office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8531. The registrar shall keep a complete record of the board’s actions, and shall maintain at the office of the board a complete index record of all applications for licenses and registrations issued, licenses renewed, and all revocations, cancellations, and suspensions of licenses and registrations. (Amended by Stats. 1985, Ch. 1348, Sec. 25. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  160. 8531.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must prepare minutes for its annual and special meetings, and the minutes must be permanently kept at the registrar’s office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8531.5. The board shall prepare minutes of its annual meeting and any special meetings, which shall be permanently maintained at the office of the registrar. (Amended by Stats. 1969, Ch. 371.)
  161. 8532.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Certified copies of the board’s records and papers, when certified by the registrar under the board’s seal, must be accepted as evidence in California courts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8532. Copies of all records and papers in the office of the board, certified by the registrar under the seal of the board shall be received in evidence in all courts of this State in all cases equally and with like effect as the originals of such papers and records. (Repealed and added by Stats. 1941, Ch. 1163.)
  162. 8533.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The registrar may publish a roster of licensed individuals and registered companies if funds are available and the board allows it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8533. Whenever funds are available for the purpose, the registrar, at the discretion of the board, may publish, or cause to be published, a roster of the individuals licensed and companies registered under the provisions of this chapter. A copy of such roster may be furnished to registered companies and such state agencies as the registrar may select, at such intervals as he or she deems necessary. Copies of the roster may be sold at a price fixed by the board. (Amended by Stats. 1985, Ch. 1348, Sec. 26. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  163. 8534.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    When funds are available, the registrar may publish and share pest-control administration and enforcement information as directed by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8534. Whenever funds are available for the purpose, the registrar, at the direction of the board, may publish and disseminate to individuals licensed and companies registered under this chapter and to public officials and other persons interested in the practice of pest control, such information relative to the administration and enforcement of this chapter as the board deems necessary to carry out its purposes. (Amended by Stats. 1985, Ch. 1348, Sec. 27. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  164. 8535.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The registrar and any board member may administer oaths for purposes of administering this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8535. The registrar, and any member of the board, may administer oaths for the purpose of administering this chapter. (Added by Stats. 1941, Ch. 1163.)
  165. 8536.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. )

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    Certain manufacturers, their agents or employees, and people connected with a manufacturer may not be appointed to the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2. Administration [8520 - 8536] ( Article 2 added by Stats. 1941, Ch. 1163. ) ## 8536. No manufacturer, his or her agents or employees, nor any person who is a consultant of or connected with any manufacturer, shall be appointed to the board. (Amended by Stats. 2010, Ch. 238, Sec. 3. (AB 1736) Effective January 1, 2011.)
  166. 8538.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2.5. Pesticides [8538- 8538.] ( Article 2.5 added by Stats. 1984, Ch. 459, Sec. 2. )

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    A registered structural pest control company must give written notice to the owner or agent and tenant before pesticide treatment, with required content and timing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 2.5. Pesticides [8538- 8538.] ( Article 2.5 added by Stats. 1984, Ch. 459, Sec. 2. ) ## 8538. (a) A registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which the work is to be done with clear written notice which contains the following statements and information using words with common and everyday meaning: (1) The pest to be controlled. (2) The pesticide or pesticides proposed to be used and the active ingredient or ingredients. (3) “State law requires that you be given the following information: CAUTION—PESTICIDES ARE TOXIC CHEMICALS. Structural Pest Control Companies are registered and regulated by the Structural Pest Control Board, and apply pesticides which are registered and approved for use by the Department of Pesticide Regulation and the United States Environmental Protection Agency. Registration is granted when the state finds that, based on existing scientific evidence, there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. “If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to the flu, contact your physician or poison control center (telephone number) and your pest control company immediately.” (This statement shall be modified to include any other symptoms of overexposure which are not typical of influenza.) “For further information, contact any of the following: Your Pest Control Company (telephone number); for Health Questions—the County Health Department (telephone number); for Application Information—the County Agricultural Commissioner (telephone number), and for Regulatory Information—the Structural Pest Control Board (telephone number and address).” (4) If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (b) In the case of Branch 1 applications, the notice prescribed by subdivision (a) shall be provided at least 48 hours prior to application unless fumigation follows inspection by less than 48 hours. In the case of Branch 2 or Branch 3 registered company applications, the notice prescribed by subdivision (a) shall be provided no later than prior to application. In either case, the notice shall be given to the owner, or owner’s agent, and tenant, if there is a tenant, in at least one of the following ways: (1) First-class or electronic mail, if an electronic mail address has been provided. (2) Posting in a conspicuous place on the real property. (3) Personal delivery. If the building is commercial or industrial, a notice shall be posted in a conspicuous place, unless the owner or owner’s agent objects, in addition to any other notification required by this section. The notice shall only be required to be provided at the time of the initial treatment if a contract for periodic service has been executed. If the pesticide to be used is changed, another notice shall be required to be provided in the manner previously set forth herein. (c) Any person or licensee who, or registered company which, violates any provision of this section is guilty of a misdemeanor punishable as set forth in Section 8553. (Amended by Stats. 2015, Ch. 303, Sec. 14. (AB 731) Effective January 1, 2016.)
  167. 854.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

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    Criteria used to issue three-year nonrenewable medical licenses and dental permits under this article cannot be used as the standard for permanent California medical licenses or dental permits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 854. Criteria for issuing three-year nonrenewable medical licenses and dental permits under this article shall not be utilized at any time as the standard for issuing a license to practice medicine or a permit to practice dentistry in California on a permanent basis. (Added by Stats. 2002, Ch. 1157, Sec. 4. Effective January 1, 2003.)
  168. 855.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

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    This section creates a pilot program for eligible international medical graduates and sets selection, training, licensing, and reporting requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 855. (a) Up to 70 international medical graduates who have passed their United States medical license examination on the first attempt and who have been working in the medical field in the capacity of a medical assistant, a nurse practitioner, a nurse-midwife, a physician assistant, a dental hygienist, or a quality assurance and peer review specialist for not less than three years, shall be selected to participate in a pilot program. Preference shall be given to international medical graduates who are residents of California, have experience working in communities whose language is other than English and whose culture is not from the dominant society, and have a proven level of literacy in the foreign language of a medically underserved community. (b) If there are not 70 international medical graduates who meet the criteria of subdivision (a), the remaining openings may be filled by participants who have passed the United States medical license examination on two or more attempts, have been working in the medical field in the capacity of a medical assistant, a nurse practitioner, a nurse-midwife, a physician assistant, a dental hygienist, or a quality assurance and peer review specialist for not less than three years, and who pass an additional test to be determined by the medical facility and the medical school participating in the pilot program. Preference shall be given to international medical graduates who are residents of California, have experience working in communities whose language is other than English and whose culture is not from the dominant society, and have a proven level of literacy in the foreign language of a medically underserved community. (c) An international medical graduate shall not be eligible for this program if he or she has not graduated from a school in good standing that is recognized by the Medical Board of California. (d) Upon selection for the pilot program, participants may submit an application to the International Medical Graduate Liaison of the Medical Board of California’s Division of Licensing, with the appropriate fee, to initiate the medical licensing review process, providing the participant time to remediate any deficiency during the three-year international medical graduates pilot program. (e) All program participants shall be required to have the foreign language fluency and the cultural knowledge necessary to serve the non-English-speaking community at the nonprofit community health center where they practice. (f) The Medical Board of California shall issue an applicant status letter to participating and qualifying international medical graduates. (g) International medical graduates shall be required to participate and satisfactorily complete a six-month orientation program that will address medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, and pharmacology differences. International medical graduates who have passed the Educational Commission for Foreign Medical Graduates (ECFMG) language exam shall not be required to be enrolled in English language classes. However, if a participating international medical graduate has not passed the ECFMG language exam, he or she shall be enrolled in English language acquisition classes until he or she obtains a level of English language proficiency equivalent to the ECFMG language exam. (h) (1) Upon satisfactorily completing the orientation program and the one-year residency training program, international medical graduates shall be selected by nonprofit community health centers to work in nonprofit community health centers and disproportionate share hospitals whose service areas include federally designated Health Professional Shortage Areas, Dental Professional Shortage Areas, Medically Underserved Areas, and Medically Underserved Populations for a period not to exceed three years. (2) There shall be two residency programs operated under the auspices of a medical school in good standing, with one in southern California and one in northern California. These residency programs shall be in family practice, internal medicine, or obstetrics and gynecology. (3) After successfully completing the one-year residency program, the training institution for the one-year residency program for international medical graduates may transfer the program participant into an approved residency program. (i) (1) All program participants shall be required to satisfy the medical curriculum requirements of Section 2089, the clinical instruction requirements of Section 2089.5, and the examination requirements of Section 2170 prior to being admitted into an approved residency program. (2) Those international medical graduates who are transferred into an approved residency program shall be required to work in nonprofit community health centers or disproportionate share hospitals whose service areas include federally designated Health Professional Shortage Areas, Dental Professional Shortage Areas, Medically Underserved Areas, and Medically Underserved Populations for not less than three years after being fully licensed. (j) For individuals in this program as specified in this section, the applicant status letter shall be deemed a license in good standing pursuant to the provisions of this article for the purpose of participation and reimbursement in all federal, state, and local health programs, including managed care organizations and health maintenance organizations. (k) (1) The Director of General Medical Education or an equivalent position in the training institution of the one-year residency program for international medical graduates shall have the authority to make a recommendation to the Medical Board of California for the full medical licensure of an international medical graduate who has successfully completed the one-year residency program if the director believes, based on the performance and competency of the international medical graduate, that the international medical graduate should be fully licensed. (2) After reviewing the recommendation for full licensure from the director, the Medical Board of California shall have the authority to issue a permanent license to practice medicine in this state to the international medical graduate. (l) If an international medical graduate desires to secure a permanent license to practice medicine from the board, he or she shall, among other things, be required to be admitted into an approved residency program. (m) The Medical Board of California, in consultation with medical schools located in California, executive and medical directors of nonprofit community health centers, and with hospital administrators, shall provide oversight review of the implementation of this program. The Medical Board of California shall ensure that funding proposals by appropriate institutions to implement these provisions meet the necessary funding thresholds to fulfill the intent of this program. Implementation of this program may not proceed unless appropriate funding is secured. The Medical Board of California shall report to the Legislature every January the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. (Amended by Stats. 2003, Ch. 62, Sec. 2. Effective January 1, 2004.)
  169. 8550.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    Unlicensed people and unregistered businesses may not generally perform or offer structural pest control work; limited solicitation is allowed only for registered companies and without doing licensed work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8550. (a) It is unlawful for any person to advertise, to engage in, or offer to engage in the business or practice of structural pest control, as defined in Section 8505, unless he or she is licensed under this chapter. (b) Notwithstanding subdivision (a), an unlicensed person may solicit pest control work on behalf of a structural pest control company only if the company is registered pursuant to this chapter, and the unlicensed individual does not perform or offer to perform any act for which an operator, field representative, or applicator license is required pursuant to this chapter. As used in this subdivision, to “solicit pest control work” means to introduce consumers to a registered company and the services it provides, to distribute advertising literature, and to set appointments on behalf of a licensed operator or field representative. (c) It is unlawful for an unlicensed person, soliciting pest control work on behalf of a registered structural pest control company pursuant to subdivision (b), to perform or offer to perform any act for which an operator, field representative, or applicator license is required, including, but not limited to, performing or offering pest control evaluations or inspections, pest identification, making any claims of pest control safety or pest control efficacy, or to offer price quotes other than what is provided and printed on the company advertising or literature, or both. (d) It is also unlawful for any unlicensed person to offer any opinion, or to make any recommendations, concerning the need for structural pest control work in general, or in connection with a particular structure. (e) It is unlawful for any firm, sole proprietorship, partnership, corporation, association, or other organization or combination thereof to engage or offer to engage in the practice of structural pest control, unless registered in accordance with Article 6 (commencing with Section 8610). (Amended by Stats. 2018, Ch. 572, Sec. 9. (SB 1481) Effective January 1, 2019.)
  170. 8551.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    Unlicensed persons are not allowed to perform fumigation with dangerous or lethal fumigating chemicals in listed public structures and similar premises.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8551. It is unlawful for any unlicensed person to perform fumigation with dangerous or lethal fumigating chemicals in any public structure, including rooming houses, or households when used as public structures, hotels, apartment houses, or any part thereof. (Amended by Stats. 1945, Ch. 1027.)
  171. 8551.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    An unlicensed employee of a registered company generally may not apply Branch 2 or Branch 3 pesticides, except for limited training use.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8551.5. Except as provided in this chapter, an unlicensed individual in the employ of a registered company shall not apply any pesticides included in Branch 2 or Branch 3. However, an individual may, for 90 days from the date of employment, apply pesticides for the purposes of training under the direct supervision of a licensed field representative or operator employed by the company. This direct supervision means in the presence of the licensed field representative or operator at all times. The 90-day time period may not be extended. (Amended by Stats. 2014, Ch. 560, Sec. 16. (SB 1244) Effective January 1, 2015.)
  172. 8552.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    A person must not advertise or represent that pest control work was done on a structure unless a registered company performed the work, except where this chapter provides אחרת.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8552. It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter. (Amended by Stats. 2015, Ch. 430, Sec. 36. (AB 181) Effective January 1, 2016.)
  173. 8553.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    A person who violates or conspires to violate this chapter commits a misdemeanor and can be fined, jailed, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8553. Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, is guilty of a misdemeanor, and is punishable by a fine of not less than fifty dollars ($50) nor more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Amended by Stats. 2018, Ch. 572, Sec. 10. (SB 1481) Effective January 1, 2019.)
  174. 8554.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    Certain unlicensed operators and unregistered structural pest control businesses may not sue to collect payment for work unless they can show the required licensing or registration, subject to a stated suspension/revocation exception.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8554. No individual engaged in the business or acting in the capacity of an operator may bring or maintain an action in any court of this state for the collection of compensation for the performance of any act or contract without alleging and proving that he or she was a duly licensed operator at all times during the performance of such act or contract. No firm, partnership, corporation, association or other organization or combination thereof engaged in the practice of structural pest control may bring or maintain an action in any court of this state for the collection of compensation for the performance of any act or contract without alleging and proving that it was a duly registered company at all times during the performance of the act or contract. Nothing herein shall prohibit the bringing or maintaining an action for the collection of compensation in the event of a suspension or revocation of a license or company registration by the board, if the order of suspension or revocation authorized the performance of the act or work, compensation for which the action is brought or maintained. (Amended by Stats. 1985, Ch. 1348, Sec. 32. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  175. 8555.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    This chapter does not apply to several listed groups and activities, including certain public utilities, agricultural pest control work, owner/tenant pest control, government officials acting officially, certain research activity, certified architects and civil engineers acting professionally, and some live capture/removal work without pesticides if insurance is maintained.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8555. This chapter does not apply to: (a) Public utilities operating under the regulations of the Public Utilities Commission, except to work performed upon property of the utilities not subject to the jurisdiction of the Public Utilities Commission or work done by the utility for hire. (b) Persons engaged only in agricultural pest control work under permit or license by the Department of Pesticide Regulation or a county agricultural commissioner. (c) Pest control performed by persons upon property that they own, lease or rent, except that the persons shall be subject to the limitations imposed by Article 3 of this chapter. (d) Governmental agencies, state, federal, city, or county officials, and their employees while officially engaged. (e) Authorized representatives of an educational institution or state or federal agency engaged in research or study of pest control, or engaged in investigation or preparation for expert opinion or testimony. A professional engaging in research, study, investigation, or preparation for expert opinion or testimony on his or her own behalf shall comply with the requirements of this chapter. (f) Certified architects and registered civil engineers, acting solely within their professional capacity, except that they shall be subject to the limitations imposed by Article 3 of this chapter. (g) Persons engaged in the live capture and removal or exclusion of vertebrate pests, bees, or wasps from a structure without the use of pesticides, provided those persons maintain insurance coverage as described in Section 8692. “Vertebrate pests” include, but are not limited to, bats, raccoons, skunks, and squirrels, but do not include mice, rats, or pigeons. This section does not exempt a person from the provisions of Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. (Amended by Stats. 1995, Ch. 718, Sec. 1. Effective January 1, 1996.)
  176. 8556.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    Licensed contractors can do certain pest-related repair and wood-preservative work without getting a separate license under this chapter, if the listed conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8556. (a) Licensed contractors acting in their capacity as such, may remove and replace any structure or portions of a structure damaged by wood destroying pests or organisms if that work is incidental to other work being performed on the structure involved or if that work has been identified by a structural pest control inspection report. Licensed contractors acting in their capacity as such may apply wood preservatives directly to end cuts and drill holes of pressure treated wood, and to foundation wood as required by building codes, as well as to fencing and decking, by brush, dip, or spray method and need not obtain a license under this chapter for performance of that work, provided a disclosure in the following form is submitted to the customer in writing: “The application of a wood preservative is intended to prevent the establishment and flourishing of organisms which can deteriorate wood. If you suspect pest infestation or infection, contact a registered structural pest control company prior to the application of a wood preservative.” These exemptions do not authorize the performance of any other acts defined in Section 8505. (b) A licensed contractor may contract for the performance of any soil treatment pest control work to eliminate, exterminate, control, or prevent infestations or infections of pests or organisms in the ground beneath or adjacent to any existing building or structure or in or upon any site upon which any building or structure is to be constructed, but the actual performance of any such work must be done by a registered structural pest control company. (Amended by Stats. 1999, Ch. 983, Sec. 10.4. Effective January 1, 2000.)
  177. 8557.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. )

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    Cities and counties may not stop board-authorized, licensed persons or groups from doing the business, occupation, or profession the chapter allows.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 3. Application of the Chapter [8550 - 8557] ( Article 3 added by Stats. 1941, Ch. 1163. ) ## 8557. No city, county, or city and county shall prohibit a person or group of persons, authorized by the board by a license, certificate, or other such means under this chapter to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof as authorized in this chapter. (Added by Stats. 2011, Ch. 99, Sec. 1. (AB 417) Effective January 1, 2012.)
  178. 856.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. )

    Verify source ↗

    Some licensed persons may count specified CPR/AED training or certification courses toward continuing education credits when renewing a license, subject to limits and conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 13. Standards for Licensure or Certification [850 - 856] ( Heading of Article 13 renumbered from Article 12 (as added by Stats. 1978, Ch. 1106) by Stats. 1979, Ch. 373. ) ## 856. (a) (1) A person licensed pursuant to this division who is required to complete continuing education units as a condition of renewing his or her license may, once per renewal cycle, apply one unit of continuing education credit, pursuant to paragraph (2), towards that requirement for attending a course that results in the licensee becoming a certified instructor of cardiopulmonary resuscitation (CPR) or the proper use of an automated external defibrillator (AED). (2) A licensee may only apply continuing education credit for attending one of the following courses: (A) An instructional program developed by the American Heart Association. (B) An instructional program developed by the American Red Cross. (C) An instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED. (b) A person licensed pursuant to this division who is required to complete continuing education units as a condition of renewing his or her license may, once per renewal cycle, apply up to two units of continuing education credit towards that requirement for conducting CPR or AED training sessions for employees of school districts and community college districts in the state. (c) For purposes of this section, “unit” means any measurement for continuing education, such as hours or course credits. (d) This section shall only apply to a person licensed under this division if the applicable licensing board’s laws or regulations establishing continuing education requirements include the courses or activities described in subdivisions (a) and (b). (Added by Stats. 2015, Ch. 360, Sec. 1. (AB 333) Effective January 1, 2016.)
  179. 8560.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board controls pest control licensing and examinations, and licenses are limited to the branch or branches for which the applicant qualifies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8560. (a) Licenses issued to operators, field representatives, or applicators shall be limited to the branch or branches of pest control for which the applicant has qualified by application and examination. (b) For the purpose of delimiting the type and character of work authorized by the various branch licenses, the practice of pest control is classified into the following branches: (1) Branch 1. Fumigation. The practice relating to the control of household and wood-destroying pests or organisms by fumigation with poisonous or lethal gases. (2) Branch 2. General pest. The practice relating to the control of household pests, excluding fumigation with poisonous or lethal gases. (3) Branch 3. Termite. The practice relating to the control of wood-destroying pests or organisms by the use of insecticides, or structural repairs and corrections, excluding fumigation with poisonous or lethal gases. (c) The board may issue a license for a combination of two or more branches for which an applicant qualifies under the provisions of this chapter, and the combination license shall be considered one license. (d) Unless otherwise authorized by the board, all examinations shall be supplied by the board. All examinations shall be kept for a period of one year, upon the expiration of which these records may be destroyed on order of the board. Each applicant for license as an operator or a field representative shall be designated by a number instead of by name, and the identity thereof shall not be disclosed until the examinations are graded. A person shall not be admitted to the examination room except members of the board, the examining personnel, and the applicants. (e) The board shall make rules and regulations for the purpose of securing fair, impartial, and proper examinations. (f) Licensees may be licensed in other branches upon complying with the requirements for qualification and by examination in those other branches. A failure of the licensee to pass examination in the other branch or branches shall not have any effect on existing licenses. (g) The examination shall be in each of the subjects specified in the branch or branches relating to the respective applications. A license according to the applications shall be granted to any applicant who shall make a general average of not less than 70 percent on each of the subjects of the branch or branches. (Amended by Stats. 2014, Ch. 560, Sec. 17. (SB 1244) Effective January 1, 2015.)
  180. 8561.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Adults may apply for an operator’s license, but the applicant must meet prescribed qualifications, pass the examination, and apply to the board within one year after passing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8561. Any individual 18 years of age or over may apply for a license as an operator. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The applicant shall apply to the board for the issuance of an operator’s license within one year of passing the examination. (Amended by Stats. 1989, Ch. 1401, Sec. 5.)
  181. 8562.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An applicant for an original operator’s license must file a proper application with the registrar and meet the listed form, experience, branch designation, fee, age, and field-representative experience requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8562. (a) To obtain an original operator’s license, an applicant shall submit to the registrar an application containing the statement that the applicant desires the issuance of an operator’s license under the terms of this chapter. (b) The application shall be made on forms prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board, and shall contain the following: (1) The name of the applicant. (2) Proof satisfactory to the board that the applicant has had actual experience for a period of not less than the time specified opposite the branches of pest control listed below in the employ of a registered company in the State of California in the particular branch or branches of pest control for which the applicant desires to be licensed, or the equivalent of that experience: Branch 1 ........................ 2 years Branch 2 ........................ 2 years Branch 3 ........................ 4 years (c) For the purpose of this subdivision one year shall equal 1,600 hours of actual experience in the field. (d) A designation of the branch or branches for which the application is made. (e) The fees prescribed by this chapter. (f) No operator’s license shall be issued to an individual under 18 years of age. (g) Effective January 1, 1993, an operator’s license shall not be issued to an individual unless that individual has been licensed as a field representative in the branch in which the individual has applied for an operator’s license for a period of at least one year, in the case of Branches 1 and 2, or for a period of at least two years for Branch 3, or has demonstrated to the satisfaction of the board that he or she has the equivalent of that training and experience. (Amended by Stats. 2014, Ch. 560, Sec. 18. (SB 1244) Effective January 1, 2015.)
  182. 8563.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Adults may apply for a field representative license, but applicants must meet prescribed qualifications, be examined, and file the license application with the board within one year after passing the exam.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8563. Any individual 18 years of age or over may apply for a license as field representative. The applicant shall possess the qualifications and be examined as hereinafter prescribed. The applicant shall apply to the board for the issuance of a field representative’s license within one year from the date the applicant passes the examination. (Amended by Stats. 1989, Ch. 1401, Sec. 7.)
  183. 8564.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An applicant for an original field representative’s license must file an application with the registrar, using the board’s prescribed form, and include the required background and fee information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8564. (a) To obtain an original field representative’s license, an applicant shall submit to the registrar an application containing a statement that the applicant desires the issuance of a field representative’s license under the terms of this chapter. (b) The application shall be made on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board, and shall contain the following: (1) The length of time during which the applicant has engaged in any work relating to pest control. (2) The name and place of business of the person who last employed him or her. (3) The name of the person by whom the applicant is employed. (4) The name of the registered company by which the applicant is to be employed. (5) The fees prescribed by this chapter. (c) The board shall not accept any application for a field representative’s license in Branch 1 unless the applicant submits proof satisfactory to the board that he or she has had six months’ training and experience in the practice of fumigating with poisonous or lethal gases under the immediate supervision of an individual licensed to practice fumigating, or the equivalent of that training and experience. (d) The board shall not accept any application for a field representative’s license in Branch 2 unless the applicant submits proof satisfactory to the board that he or she has had training and experience in the practice of pesticide application, Branch 2 pest identification and biology, pesticide application equipment, and pesticide hazards and safety practice under the immediate supervision of an operator or field representative licensed in Branch 2, or the equivalent of that training and experience. (e) The board shall not accept any application for a field representative’s license in Branch 3 unless the applicant submits proof satisfactory to the board that he or she has had training and experience in the practice of pesticide application, Branch 3 pest identification and biology, pesticide application equipment, pesticide hazards and safety practices, structural repairs, and structural inspection procedures and report writing under the immediate supervision of an operator or field representative licensed in Branch 3, or the equivalent of that training and experience. (Amended by Stats. 2014, Ch. 560, Sec. 19. (SB 1244) Effective January 1, 2015.)
  184. 8564.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Adults may apply for an applicator license, the board must verify applicants by written exam, and the board may charge an exam fee within a stated cap.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8564.5. (a) Any individual 18 years of age or older may apply for a license as an applicator. (b) The board shall ascertain by written examination that an applicant for a license as applicator in Branch 2 or Branch 3 has sufficient knowledge in pesticide equipment, pesticide mixing and formulation, pesticide application procedures and pesticide label directions. (c) Passage of the written examination authorizes an individual to apply any chemical substance in Branch 2 or Branch 3. (d) The board may charge a fee for any examination required by this section in an amount sufficient to cover the reasonable regulatory cost of administering the examination, but not to exceed the amount set forth in subdivision (k) of Section 8674. (e) Nothing in this chapter shall prohibit an applicator, authorized to apply any chemical substance in Branch 2 or Branch 3 before January 1, 1995, from acting as an applicator pursuant to that authorization. Upon expiration of the authorization, an applicator’s license shall be required. (Amended by Stats. 2014, Ch. 304, Sec. 2. (AB 1685) Effective January 1, 2015.)
  185. 8564.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An applicant for an original applicator’s license must file an application with the registrar and include a statement requesting the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8564.6. (a) To obtain an original applicator’s license, an applicant shall submit to the registrar an application containing a statement that the applicant requests the issuance of an applicator’s license under the terms of this chapter. (b) The application shall be made on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board and shall contain the following: (1) The name of the registered company by which the applicant is to be employed. (2) The fee prescribed by this chapter. (Amended by Stats. 2014, Ch. 560, Sec. 20. (SB 1244) Effective January 1, 2015.)
  186. 8565.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must examine license applicants to determine whether they are qualified in several specified subjects.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8565. The board shall ascertain by examination that an applicant for a license as operator is qualified in the use and understanding of all of the following: (a) The English language, including reading and writing. (b) The building and safety laws of the state and any of its political subdivisions, if the branch or branches of pest control for which he or she is applying, require that knowledge. (c) The labor laws of the state. (d) The provisions of this chapter. (e) Pesticides used in pest control, if the branch license or licenses for which he or she is applying, require that knowledge. (f) The theory and practice of the branch or branches of pest control in which the applicant desires to be licensed. (g) Other state laws, safety or health measures, or practices that are reasonably within the scope of structural pest control in the various branches, including an applicant’s knowledge of the requirements regarding health effects and restrictions on applications, as set forth in Section 8538. (Amended by Stats. 2014, Ch. 560, Sec. 21. (SB 1244) Effective January 1, 2015.)
  187. 8565.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Applicants for Branch 1, Branch 2, and Branch 3 operator’s licenses must show the board that they have satisfactorily completed board-approved courses in specified subject areas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8565.5. (a) An applicant for a Branch 1 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas: (1) Pesticides. (2) Pest identification and biology. (3) Contract law. (4) Rules and regulations. (5) Business practices. (6) Fumigation safety. (b) An applicant for a Branch 2 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas: (1) Pesticides. (2) Pest identification and biology. (3) Contract law. (4) Rules and regulations. (5) Business practices. (c) An applicant for a Branch 3 operator’s license shall demonstrate to the board that he or she has passed satisfactorily board-approved courses in the following areas: (1) Pesticides. (2) Pest identification and biology. (3) Contract law. (4) Rules and regulations. (5) Business practices. (6) Construction repair and preservation techniques. (Amended by Stats. 2007, Ch. 354, Sec. 29. Effective January 1, 2008.)
  188. 8566.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    The board must examine field representative license applicants to confirm they are qualified in the listed subjects.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8566. The board shall ascertain by examination that an applicant for a license as field representative is qualified in the use and understanding of the following: (a) The safety laws of the state, if the branch or branches of pest control for which he or she is applying, require that knowledge. (b) The provisions of this chapter. (c) Pesticides used in pest control, if the branch or branches of pest control for which he or she is applying, require that knowledge. (d) The theory and practice of pest control in the branch or branches thereof for which the applicant desires to be licensed. (e) Other state laws, safety or health measures, or practices as are reasonably within the scope of structural pest control in the various branches. (Amended by Stats. 2014, Ch. 560, Sec. 23. (SB 1244) Effective January 1, 2015.)
  189. 8566.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    An individual may hold only one license in the same branch at a time, and some license holders may switch into another license category without examination if they surrender the prior license and no disciplinary action has started.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8566.5. An individual shall be permitted to hold only one license in the same branch at the same time. If an individual who holds an operator’s license requests to be licensed as a field representative or applicator, he or she may apply for a field representative’s license or applicator’s license and shall be granted the license without examination, if he or she surrenders his or her operator’s license to the board, and provided that no disciplinary action has been initiated against the operator’s license prior to the date of the individual’s application for a field representative’s license or applicator’s license. If an individual who holds a field representative’s license requests to be licensed as an applicator, he or she may apply for an applicator’s license and he or she shall be granted the license without examination, if he or she surrenders his or her field representative’s license to the board, and if no disciplinary action has been initiated against the field representative’s license prior to the date of the individual’s application for an applicator’s license. (Amended by Stats. 2001, Ch. 306, Sec. 27. Effective January 1, 2002.)
  190. 8567.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Certain pest control workers must tell the registrar when their employment changes, and the registrar must record the change.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8567. (a) Should a field representative or applicator change his or her employment, or should an operator enter the employ of a registered company, or being already employed by a registered company change his or her employment, or being employed by a registered company leave that employment and enter the pest control business on his or her own behalf, he or she shall notify the registrar on a form prescribed by the board and issued by the registrar in accordance with rules and regulations adopted by the board. The registrar shall register the change in his or her records. (b) If a field representative, operator, or applicator fails to notify the registrar within 30 days of the date a change of employment occurs, a registered company may notify the registrar, on a form prescribed by the board, that the field representative, operator, or applicator is no longer associated with the registered company. (Amended by Stats. 2017, Ch. 573, Sec. 43. (SB 800) Effective January 1, 2018.)
  191. 8568.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    After a hearing, the board may deny a license or company registration unless the applicant makes a satisfactory showing that the required people have not done certain disqualifying acts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8568. After a hearing the board may deny a license or a company registration unless the applicant makes a showing satisfactory to the board that the applicant, if an individual, has not, or if the applicant is a company applying for a company registration, that its manager and each of its officers, directors, employees, members and partners have not: (a) Committed any act or crime constituting grounds for denial of licensure under Section 480. (b) While unlicensed or not registered, knowingly committed or aided and abetted the commission of any act for which a license or company registration is required under this chapter. (c) While acting as a partner, officer, managing employee, or qualifying manager of a firm, partnership, or corporation, had knowledge of and participated in the commission of any act resulting in the suspension or revocation of a license or company registration. When a hearing is held under this section it shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all of the powers granted therein. (Amended by Stats. 1985, Ch. 1348, Sec. 42. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  192. 8569.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

    Verify source ↗

    Partners who want to actively do pest control for the partnership must qualify and be licensed as an operator or field representative.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8569. In addition to the partner or other individual designated as the qualifying manager for a registered company which is organized as a partnership, if any of the company’s partners desire to actively engage in pest control on behalf of the partnership each shall be required to qualify for and to be licensed as an operator or field representative. Nothing in this chapter shall prohibit any partner who is duly qualified and licensed in one or more of the branches of pest control designated in Section 8560, from representing the partnership in any other branch of pest control for which the partnership is registered, except that he or she may actively engage in pest control as an operator or field representative only in the branch for which he or she is qualified and licensed. Upon being licensed as an operator or field representative, the other partner may engage in pest control only on behalf of the partnership of which he or she is a member, as long as he or she remains a partner thereof, but he or she may become associated with another partnership, or with a firm or corporation, in a capacity other than as a qualifying manager. (Amended by Stats. 1992, Ch. 270, Sec. 2. Effective January 1, 1993.)
  193. 8570.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

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    Some corporate officers who want to actively do pest control work must qualify and be licensed as an operator or field representative.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8570. In addition to the officer or other individual designated as the qualifying manager for a registered company which is organized as an association or corporation, if any of the company’s other officers desire to actively engage in pest control in behalf of the association or corporation, each shall be required to qualify for and to be licensed as an operator or field representative. Nothing in this chapter shall prohibit any officer of such corporation who is duly qualified and licensed in one or more of the branches of pest control designated in Section 8560, from representing the corporation in any other branch of pest control for which the corporation is registered, except that he or she may actively engage in pest control as an operator or field representative only in the branch for which he or she is qualified and licensed. Upon being licensed as an operator or field representative, the officer may engage in pest control only on behalf of the association or corporation of which he or she is an officer, so long as he or she remains an officer thereof, but he or she may become associated with another association or corporation, or with a firm or partnership, in a capacity other than as a qualifying manager. (Amended by Stats. 1992, Ch. 270, Sec. 3. Effective January 1, 1993.)
  194. 8571.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

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    A registered company must notify the registrar in writing within 10 days if its qualifying manager leaves, and then name a replacement within the time allowed by the board’s rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8571. If the licensed operator who is designated as the qualifying manager for a registered company ceases for any reason whatsoever to be connected with the company, the company shall notify the registrar in writing within 10 days from such cessation. If the notice is given the registration shall remain in force for a reasonable length of time, to be determined by rules of the board, during which period the company must submit to the registrar in writing the name of another qualified, or to be qualified, qualifying manager to replace the qualifying manager who has ceased to be connected with it, and who shall qualify as such within the time allowed by rules and regulations of the board. If the company fails to notify the registrar within the 10-day period, or fails to replace with a qualifying manager within the period fixed by the regulations of the board, at the end of the period the registration shall be ipso facto suspended. The registration shall be reinstated upon the filing of an affidavit, executed by a representative of the company, and filed with the registrar, to the effect that the qualifying manager who ceased to be connected with the company has been replaced by another operator who is authorized by this chapter to act in such capacity, and that such operator has not had his or her license suspended or revoked or that he or she has not been connected with a company which has had its registration suspended or revoked. (Amended by Stats. 1985, Ch. 1348, Sec. 45. Operative January 1, 1987, by Sec. 97 of Ch. 1348.)
  195. 8572.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. )

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    The board may issue a probationary license and set probation terms, including a three-year limit and reporting requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 4. Issuance of Licenses [8560 - 8572] ( Article 4 added by Stats. 1941, Ch. 1163. ) ## 8572. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (c) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. (d) For purposes of issuing a probationary license to qualified new applicants, the board shall develop standard terms of probation that shall include, but not be limited to, the following: (1) A three-year limit on the individual probationary license. (2) A process to obtain a standard license for applicants who were issued a probationary license. (3) Supervision requirements. (4) Compliance and quarterly reporting requirements. (Added by Stats. 2008, Ch. 675, Sec. 11. Effective January 1, 2009.)
  196. 8590.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    Licensees in the listed categories must pay renewal fees, and the board must mail renewal notices before June 1; licenses expire at midnight on June 30 of the third year after issue unless otherwise provided.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8590. (a) Except as otherwise provided herein, an operator’s, field representative’s, and applicator’s licenses shall expire at 12 midnight on June 30 of the third year from the date of issue. (b) An individual licensed in more than one category may request that each license expire on the same date. The date requested shall be the date of the earliest expiration. (c) An operator, field representative, and applicator shall pay a fee for the renewal of his or her license. (d) The board shall on or before the first day of June of each year mail to each operator, field representative, and applicator whose license will expire in that year, addressed to him or her at his or her last known address, a notice that his or her renewal fee is due and payable and that, if not paid by June 30, a penalty will be added thereto. (e) In no case shall the penalty be waived. (f) Upon the receipt of the fee the board shall cause the renewal certificate to be issued. (Amended by Stats. 2014, Ch. 560, Sec. 25. (SB 1244) Effective January 1, 2015.)
  197. 8591.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    If renewal fee delinquency lasts more than three months, the license cannot be reinstated and the licensee must get a new license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8591. If delinquency in the payment of the fee for renewal of any license extends beyond three months, the license shall not be reinstated and the licensee shall be required to obtain a new license in accordance with the provisions of Article 4 (commencing with Section 8560). (Amended by Stats. 2007, Ch. 354, Sec. 30. Effective January 1, 2008.)
  198. 8592.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    A licensee whose license is suspended may apply for renewal, but the board cannot renew the license until the suspension is lifted.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8592. Any licensee whose license is under suspension may make application for renewal of his or her license as provided in this article, but the board may not renew his or her license until the suspension has been lifted. (Amended by Stats. 2007, Ch. 354, Sec. 31. Effective January 1, 2008.)
  199. 8593.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    The board must require continuing-education proof before renewing certain pest control licenses, and it must develop correspondence courses. An educational institution may charge a reasonable fee for each course.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8593. (a) The board shall require as a condition to the renewal of each operator’s and field representative’s license that the holder submit proof satisfactory to the board that they have informed themselves of developments in the field of pest control either by completion of courses of continuing education in pest control approved by the board or equivalent activity approved by the board. (b) The board shall develop a correspondence course or courses with any educational institution or institutions as it deems appropriate. This course may be used to fulfill the requirements of this section. The institution may charge a reasonable fee for each course. (Amended by Stats. 2024, Ch. 481, Sec. 19. (SB 1451) Effective January 1, 2025.)
  200. 8593.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. )

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    To renew an applicator’s license, the board must require proof of approved continuing education in pesticide application and use, or an approved equivalent activity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 14. Structural Pest Control Operators [8500 - 8697.4] ( Chapter 14 repealed and added by Stats. 1941, Ch. 1163. ) ## ARTICLE 5. Renewal of Licenses [8590 - 8593.2] ( Article 5 added by Stats. 1941, Ch. 1163. ) ## 8593.1. The board shall require as a condition to the renewal of each applicator’s license that the holder thereof submit proof satisfactory to the board that they have completed courses of continuing education in pesticide application and use approved by the board or equivalent activity approved by the board. (Amended by Stats. 2024, Ch. 481, Sec. 20. (SB 1451) Effective January 1, 2025.)

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