Business and Professions Code — Part 8 | BPC — United States — California law | Esheria

Business and Professions Code

Part 8 of 52 · provisions 1,401–1,600

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

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

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 1653.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    The secretary must issue a certificate of registration for each licentiate and for each office that the licentiate registers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 1653. The secretary shall issue a certificate of registration for each licentiate hereunder and for each office registered by such licentiate. The license and certificate may be offered as primary evidence in all courts of the facts therein stated. (Amended by Stats. 1939, Ch. 554.)
  2. 1654.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    A licensed person who legally changes their name must reregister with the board’s executive officer within 10 days, and the executive officer must note the former name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 1654. Any licensed person who shall change his or her name according to law shall, within 10 days after that change, reregister with the executive officer of the board and the executive officer shall make a marginal note of the former name of the licentiate. (Amended by Stats. 1984, Ch. 47, Sec. 10. Effective March 21, 1984.)
  3. 16545.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 6. Notice to Licensees [16545- 16545.] ( Chapter 6 added by Stats. 1947, Ch. 1423. )

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    State agencies that license businesses must require applicants to identify their workers’ compensation insurance carrier, if any.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 6. Notice to Licensees [16545- 16545.] ( Chapter 6 added by Stats. 1947, Ch. 1423. ) ## 16545. Every state agency which licenses any kind of business transacted or carried on within their respective jurisdictions shall require applications filed to designate the name of the applicant’s workmen’s compensation insurance carrier, if any. This section does not apply to licensing under the Outdoor Advertising Act. The license application form shall contain a statement substantially as follows: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen’s compensation.” (Added by Stats. 1947, Ch. 1423.)
  4. 1655.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    A license holder must register the license within six months after issuance, or the license is forfeited.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 1655. Any failure on the part of any person holding such license to register it as directed for a period of six months after its issuance shall ipso facto work a forfeiture of his license, and it shall not be restored except upon the written application and payment to the board of the fee provided for restoration of license. (Added by Stats. 1937, Ch. 415.)
  5. 16550.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. )

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    The Legislature states an intent to limit local business-license requirements for participating transportation network company drivers to one license.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. ) ## 16550. It is the intent of the Legislature to limit any requirement for a business license imposed by a local jurisdiction on a participating driver for a transportation network company to a single business license, regardless of the number of local jurisdictions in which the participating driver operates. (Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
  6. 16550.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. )

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    This section defines key terms used in the chapter, including “business license,” “driver,” “local jurisdiction,” “personally identifiable information,” and “transportation network company.”

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. ) ## 16550.1. For purposes of this chapter, the following definitions apply: (a) “Business license” includes any license, certificate, fee, or equivalent payment that is required or collected by a local jurisdiction annually, or on some other fixed cycle, as a condition of providing prearranged transportation services in the local jurisdiction. (b) “Driver” has the same meaning as the definition of driver provided in subdivision (a) of Section 5431 of the Public Utilities Code. (c) “Local jurisdiction” means a city, county, or city and county, including charter cities. (d) “Personally identifiable information” means individually identifiable information about an individual driver collected by the local jurisdiction from that individual, including, but not limited to, all of the following: (1) A first and last name. (2) A residential address, including a street and city name. (3) An email address. (4) A telephone number. (5) A social security number. (6) Driver income or tax information. (e) “Transportation network company” has the same meaning as the definition of transportation network company provided in subdivision (c) of Section 5431 of the Public Utilities Code. (Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
  7. 16550.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. )

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    Transportation network company drivers may be limited to one business license, and local jurisdictions cannot impose certain extra licensing demands or retroactive penalties.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 7. Transportation Network Company Drivers: Business Licenses [16550 - 16550.2] ( Chapter 7 added by Stats. 2017, Ch. 769, Sec. 1. ) ## 16550.2. (a) Any local jurisdiction that requires a driver to obtain a business license to operate as a driver for a transportation network company may only require that driver to obtain a single business license, regardless of the number of local jurisdictions in which the driver operates. (b) The driver shall obtain a business license in the local jurisdiction in which the driver is domiciled. If the local jurisdiction does not require a business license to operate as a driver for a transportation network company, the driver shall not be required to obtain a business license for any other jurisdiction. (c) A local jurisdiction shall not require a driver to obtain a business license if either of the following applies: (1) The driver is compliant with subdivision (b). (2) The driver has not operated as a driver for more than 30 days in the preceding fiscal year. (d) Each transportation network company shall notify its drivers of the obligations set forth in this chapter. (e) Notwithstanding any other law, a business license issued to a driver by a local jurisdiction pursuant to this chapter shall be valid for the period of time determined by the local jurisdiction by law or regulation, except that the local jurisdiction shall not require a driver to obtain a business license that applies for a period before January 1, 2018, or that imposes any penalty or fee on a driver related to the driver’s failure to obtain a business license for providing transportation network services for a period before January 1, 2018. (f) Personally identifiable information submitted to a local jurisdiction pursuant to this chapter shall not be disclosed on a publicly accessible Internet Web site. (g) This chapter does not preclude the sharing of business license data among local jurisdictions. (h) The Legislature finds and declares that allowing the free operation of drivers for transportation network companies across local jurisdictions is a matter of statewide concern and is not a municipal affair as that term is used in subdivision (a) of Section 5 of Article XI of the California Constitution. (Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
  8. 1656.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    Certain dentists and dentist-office staff who operate dental radiographic equipment must satisfy one of two radiation-safety options.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 1656. On and after January 1, 1985, every dentist licensed to practice dentistry in the state and any person working in a dentist’s office who operates dental radiographic equipment shall meet at least one of the following requirements: (a) Pass a course, approved by the board, in radiation safety which includes theory and clinical application in radiographic technique. The board shall require the courses to be taught by persons qualified in radiographic technique and shall adopt regulations specifying the qualifications for course instructors. (b) Have passed a radiation safety examination conducted by the board prior to January 1, 1985. (Amended by Stats. 1984, Ch. 92, Sec. 1.)
  9. 1657.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    Mobile dental units and certain portable dental practices must be registered and operated under board regulations, with some exemptions and a 60-day notice rule for certain exempt units.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 1657. (a) For the purposes of this section, the following definitions shall apply: (1) “Mobile dental unit” means a self-contained facility, which may include a trailer or van, in which dentistry is practiced that may be moved, towed, or transported from one location to another. (2) “Portable dental unit” means a self-contained unit housing equipment used for providing dental treatment that is transported to, and used on a temporary basis at, nondental office locations. (b) A mobile dental unit, or a dental practice that routinely uses portable dental units to provide treatment in nondental office locations, shall be registered and operated in accordance with regulations established by the board. These regulations shall not be designed to prevent or lessen competition in service areas. The regulations shall require the registrant to identify a licensed dentist responsible for the mobile dental unit or portable practice, and shall include, but shall not be limited to, requirements for availability of followup and emergency care, maintenance and availability of provider and patient records, and treatment information to be provided to patients and other appropriate parties. A mobile dental unit, or a dental practice using portable dental units, registered and operated in accordance with the board’s regulations and that has paid the fees established by the board, including a mobile dental unit registered for the purpose specified in subdivision (e), shall otherwise be exempt from this article and Article 3.5 (commencing with Section 1658). (c) A mobile service unit, as defined in subdivision (b) of Section 1765.105 of the Health and Safety Code, and a mobile dental unit or portable dental unit operated by an entity that is exempt from licensure pursuant to subdivision (b), (c), or (h) of Section 1206 of the Health and Safety Code, are exempt from this article and Article 3.5 (commencing with Section 1658). Notwithstanding this exemption, the owner or operator of the mobile unit shall notify the board within 60 days of the date on which dental services are first delivered in the mobile unit, or the date on which the mobile unit’s application pursuant to Section 1765.130 of the Health and Safety Code is approved, whichever is earlier. (d) A licensee practicing in a mobile unit described in subdivision (c) is not subject to subdivision (b) as to that mobile unit. (e) Notwithstanding Section 1625, a licensed dentist shall be permitted to operate a mobile dental unit provided by his or her property and casualty insurer as a temporary substitute site for the practice registered by him or her pursuant to Section 1650 as long as both of the following apply: (1) The licensed dentist’s registered place of practice has been rendered and remains unusable due to loss or calamity. (2) The licensee’s insurer registers the mobile dental unit with the board in compliance with subdivision (b). (Amended by Stats. 2013, Ch. 624, Sec. 1. (SB 562) Effective January 1, 2014.)
  10. 1658.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    A licensee must get board permission, pay the required fee, and apply before opening an additional dental office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658. (a) (1) When a licensee desires to have more than one place of practice, the licensee shall, prior to the opening of the additional office, apply to the board, pay the fee required by this chapter, and receive permission in writing from the board to have the additional place of practice. (2) “Place of practice” means any dental office where any act of dentistry is practiced as defined by Section 1625, and includes a place of practice in which the applicant holds any proprietary interest of any nature whatsoever, or in which the licensee holds any right to participate in the management or control thereof. A dentist who is the lessor of a dental office shall not be deemed to hold a proprietary interest in that place of practice, unless the dentist is entitled to participate in the management or control of the dentistry practiced there. (b) This section shall not apply to a licensee who practices dentistry outside the licensee’s registered place of practice in any of the following places: (1) Facilities licensed by the State Department of Public Health. (2) Licensed health facilities as defined in Section 1250 of the Health and Safety Code. (3) Clinics that are licensed under subdivision (a) of Section 1204 of, or that are exempt from licensure under subdivision (b), (c), or (h) of Section 1206 of, the Health and Safety Code. (4) Licensed community care facilities as defined in Section 1502 of the Health and Safety Code. (5) Schools of any grade level, whether public or private. (6) Public institutions, including, but not limited to, federal, state, and local penal and correctional facilities. (7) Mobile units that are operated by a public or governmental agency or a nonprofit or charitable organization and are approved by the board, provided that the mobile units meet all statutory or regulatory requirements. (8) The home of a nonambulatory patient when a physician or registered nurse has provided a written note that the patient is unable to visit a dental office. (Amended by Stats. 2019, Ch. 865, Sec. 40. (AB 1519) Effective January 1, 2020.)
  11. 1658.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    A licensed dentist may maintain more than one dental office in the state if the stated conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.1. Nothing in this chapter shall be construed to prohibit a licensed dentist from maintaining more than one dental office in this state if all of the following conditions are met: (a) In addition to any existing legal responsibility or liability, a dentist maintaining more than one office shall assume legal responsibility and liability for the dental services rendered in each of the offices maintained by the dentist. (b) A dentist maintaining more than one office shall ensure that each office is in compliance with the supervision requirements of this chapter. (c) A dentist maintaining more than one office shall post, in an area which is likely to be seen by all patients who use the facility, a sign with the dentist’s name, mailing address, telephone number, and dental license number. (Repealed and added by Stats. 2000, Ch. 224, Sec. 2. Effective January 1, 2001.)
  12. 1658.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    This section defines “additional place of practice” for this article and says one specified practice location is not counted as an additional place of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.2. (a) “Additional place of practice,” as used in this article, means any place of practice that increases the number of places of practice of the applicant, and includes an additional office that the applicant proposes to originally establish, either individually or in association with another, as well as an established place of practice that the applicant acquires or proposes to acquire, in whole or in part, by purchase, repossession, reassignment, gift, devise, bequest, or operation of law, except as otherwise provided in this article. (b) A practice location described in subdivision (b) of Section 1658 does not constitute an additional place of practice. (Amended by Stats. 2004, Ch. 347, Sec. 4. Effective January 1, 2005.)
  13. 1658.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    The board may not limit certain additional places of practice, and it may not stop a licensee from acquiring and operating additional offices obtained from a parent under the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.3. Nothing in this article shall limit or authorize the board to limit the number of additional places of practice authorized by the board, which are in operation on October 1, 1961, and which conform to the provisions of this article, nor prevent or limit a licensee from acquiring from his parent, by sale, transfer, assignment, gift, succession, bequest, or operation of law, whether heretofore or hereafter made, prior to January 1, 1968 or the effective date of the amendments to this section enacted by the Legislature at the 1967 Regular Session, whichever date occurs later, and from operating any additional office or offices of his parent so acquired. (Amended by Stats. 1967, Ch. 1402.)
  14. 1658.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    An unauthorized transfer of an additional office after October 1, 1961, between licentiates ends the privilege to operate that office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.4. The transfer after October 1, 1961, of any additional office from one licentiate to another, other than as authorized by this article, shall terminate the privilege of operating such additional office. (Added by Stats. 1961, Ch. 947.)
  15. 1658.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    Moving the location of one additional office to a new place within the same county is not treated as establishing a new additional office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.5. The transfer of the location of one additional office to a new location within the same county shall not be considered the establishment of a new additional office. (Added by Stats. 1961, Ch. 947.)
  16. 1658.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    If someone fails to follow this article’s rules for operating additional offices, the board may suspend or revoke the permission to operate that office.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.6. Failure to comply with the provisions of this article relating to the operation of additional offices shall be a ground for the suspension or revocation of the permission granted by the board to operate such additional office. (Added by Stats. 1961, Ch. 947.)
  17. 1658.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    The board may carry out this article by making uniform rules and regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.7. The board shall have the power to carry out the provisions of this article by uniform rules and regulations. (Added by Stats. 1961, Ch. 947.)
  18. 1658.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. )

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    A licensed dentist may use a mobile dental unit as a temporary substitute practice site if the regular practice site is unusable because of loss or calamity and the insurer registers the unit with the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3.5. Additional Offices [1658 - 1658.8] ( Article 3.5 added by Stats. 1961, Ch. 947. ) ## 1658.8. Notwithstanding any other provision of this chapter, a licensed dentist may operate a mobile dental unit provided by his or her property and casualty insurer as a temporary substitute site for the practice registered by him or her pursuant to Section 1650, if both of the following requirements are met: (a) The licensee’s registered place of practice has been rendered and remains unusable due to loss or calamity. (b) The licensee’s insurer registers the unit with the board in compliance with Section 1657. (Added by Stats. 2004, Ch. 464, Sec. 4. Effective January 1, 2005.)
  19. 166.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

    Verify source ↗

    The director must develop guidelines for mandatory continuing education programs, and boards must follow those guidelines when proposing, amending, reviewing, or using out-of-state credit hours for such programs.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 166. The director shall, by regulation, develop guidelines to prescribe components for mandatory continuing education programs administered by any board within the department. (a) The guidelines shall be developed to ensure that mandatory continuing education is used as a means to create a more competent licensing population, thereby enhancing public protection. The guidelines shall require mandatory continuing education programs to address, at least, the following: (1) Course validity. (2) Occupational relevancy. (3) Effective presentation. (4) Actual attendance. (5) Material assimilation. (6) Potential for application. (b) The director shall consider educational principles, and the guidelines shall prescribe mandatory continuing education program formats to include, but not be limited to, the following: (1) The specified audience. (2) Identification of what is to be learned. (3) Clear goals and objectives. (4) Relevant learning methods (participatory, hands-on, or clinical setting). (5) Evaluation, focused on the learner and the assessment of the intended learning outcomes (goals and objectives). (c) Any board within the department that, after January 1, 1993, proposes a mandatory continuing education program for its licensees shall submit the proposed program to the director for review to assure that the program contains all the elements set forth in this section and complies with the guidelines developed by the director. (d) Any board administering a mandatory continuing education program that proposes to amend its current program shall do so in a manner consistent with this section. (e) Any board currently administering a mandatory continuing education program shall review the components and requirements of the program to determine the extent to which they are consistent with the guidelines developed under this section. The board shall submit a report of their findings to the director. The report shall identify the similarities and differences of its mandatory continuing education program. The report shall include any board-specific needs to explain the variation from the director’s guidelines. (f) Any board administering a mandatory continuing education program, when accepting hours for credit which are obtained out of state, shall ensure that the course for which credit is given is administered in accordance with the guidelines addressed in subdivision (a). (g) Nothing in this section or in the guidelines adopted by the director shall be construed to repeal any requirements for continuing education programs set forth in any other provision of this code. (Amended by Stats. 1994, Ch. 146, Sec. 1. Effective January 1, 1995.)
  20. 16600.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Contracts that restrain someone from doing a lawful profession, trade, or business are void, unless a chapter exception applies.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16600. (a) Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. (b) (1) This section shall be read broadly, in accordance with Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937, to void the application of any noncompete agreement in an employment context, or any noncompete clause in an employment contract, no matter how narrowly tailored, that does not satisfy an exception in this chapter. (2) This subdivision does not constitute a change in, but is declaratory of, existing law. (c) This section shall not be limited to contracts where the person being restrained from engaging in a lawful profession, trade, or business is a party to the contract. (Amended by Stats. 2023, Ch. 828, Sec. 1. (AB 1076) Effective January 1, 2024.)
  21. 16600.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Employers must tell covered current and former employees by February 14, 2024 that certain noncompete clauses or agreements are void, and the notice must be individualized and sent to the employee’s last known postal and email address.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16600.1. (a) It shall be unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not satisfy an exception in this chapter. (b) (1) For current employees, and for former employees who were employed after January 1, 2022, whose contracts include a noncompete clause, or who were required to enter a noncompete agreement, that does not satisfy an exception to this chapter, the employer shall, by February 14, 2024, notify the employee that the noncompete clause or noncompete agreement is void. (2) Notice made under this subdivision shall be in the form of a written individualized communication to the employee or former employee, and shall be delivered to the last known address and the email address of the employee or former employee. (c) A violation of this section constitutes an act of unfair competition within the meaning of Chapter 5 (commencing with Section 17200). (Added by Stats. 2023, Ch. 828, Sec. 2. (AB 1076) Effective January 1, 2024.)
  22. 16600.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Employers cannot enforce void contracts or include void provisions in employee contracts, and affected employees may sue to enforce the chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16600.5. (a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed. (b) An employer or former employer shall not attempt to enforce a contract that is void under this chapter regardless of whether the contract was signed and the employment was maintained outside of California. (c) An employer shall not enter into a contract with an employee or prospective employee that includes a provision that is void under this chapter. (d) An employer that enters into a contract that is void under this chapter or attempts to enforce a contract that is void under this chapter commits a civil violation. (e) (1) An employee, former employee, or prospective employee may bring a private action to enforce this chapter for injunctive relief or the recovery of actual damages, or both. (2) In addition to the remedies described in paragraph (1), a prevailing employee, former employee, or prospective employee in an action based on a violation of this chapter shall be entitled to recover reasonable attorney’s fees and costs. (Added by Stats. 2023, Ch. 157, Sec. 2. (SB 699) Effective January 1, 2024.)
  23. 16601.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Some sellers and business owners may agree with a buyer not to carry on a similar business in a specified area after selling the business or related ownership interests.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16601. Any person who sells the goodwill of a business, or any owner of a business entity selling or otherwise disposing of all of his or her ownership interest in the business entity, or any owner of a business entity that sells (a) all or substantially all of its operating assets together with the goodwill of the business entity, (b) all or substantially all of the operating assets of a division or a subsidiary of the business entity together with the goodwill of that division or subsidiary, or (c) all of the ownership interest of any subsidiary, may agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold, or that of the business entity, division, or subsidiary has been carried on, so long as the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business therein. For the purposes of this section, “business entity” means any partnership (including a limited partnership or a limited liability partnership), limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or corporation. For the purposes of this section, “owner of a business entity” means any partner, in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), or any member, in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or any owner of capital stock, in the case of a business entity that is a corporation. For the purposes of this section, “ownership interest” means a partnership interest, in the case of a business entity that is a partnership (including a limited partnership a limited liability partnership), a membership interest, in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or a capital stockholder, in the case of a business entity that is a corporation. For the purposes of this section, “subsidiary” means any business entity over which the selling business entity has voting control or from which the selling business entity has a right to receive a majority share of distributions upon dissolution or other liquidation of the business entity (or has both voting control and a right to receive these distributions.) (Amended by Stats. 2006, Ch. 495, Sec. 1. Effective January 1, 2007.)
  24. 16602.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A partner may agree not to run a similar business in a specified area after certain partnership events, but only while another partner or successor is still running a like business there.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16602. (a) Any partner may, upon or in anticipation of any of the circumstances described in subdivision (b), agree that he or she will not carry on a similar business within a specified geographic area where the partnership business has been transacted, so long as any other member of the partnership, or any person deriving title to the business or its goodwill from any such other member of the partnership, carries on a like business therein. (b) Subdivision (a) applies to either of the following circumstances: (1) A dissolution of the partnership. (2) Dissociation of the partner from the partnership. (Amended by Stats. 2002, Ch. 179, Sec. 2. Effective January 1, 2003.)
  25. 16602.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A member of an LLC may agree not to run a similar business in the area where the LLC operated, if the agreement is made when the member’s interest ends or dissolution is anticipated and another member (or someone taking title from that member) keeps running a like business there.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16602.5. Any member may, upon or in anticipation of a dissolution of, or the termination of his or her interest in, a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction recognizing such a series), agree that he or she or it will not carry on a similar business within a specified geographic area where the limited liability company business has been transacted, so long as any other member of the limited liability company, or any person deriving title to the business or its goodwill from any such other member of the limited liability company, carries on a like business therein. (Amended by Stats. 2006, Ch. 495, Sec. 2. Effective January 1, 2007.)
  26. 16603.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person may not make the sale or consignment of a magazine, book, or other publication conditional on the buyer taking a horror comic book, except for minimum-copy agreements for a single edition, issue, or particular publication.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16603. Every person who, as a condition to a sale or consignment of any magazine, book, or other publication requires that the purchaser or consignee purchase or receive for sale any horror comic book, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both. This section is not intended to prohibit an agreement requiring a person to purchase or accept on consignment a minimum number of copies of a single edition or issue of a magazine or of a particular book or other particular publication. As used in this section “person” includes a corporation, partnership, or other association. As used in this section “horror comic book” means any book or booklet in which an account of the commission or attempted commission of the crime of arson, assault with caustic chemicals, assault with a deadly weapon, burglary, kidnapping, mayhem, murder, rape, robbery, theft, or voluntary manslaughter is set forth by means of a series of five or more drawings or photographs in sequence, which are accompanied by either narrative writing or words represented as spoken by a pictured character, whether such narrative words appear in balloons, captions or on or immediately adjacent to the photograph or drawing. (Amended by Stats. 1983, Ch. 1092, Sec. 49. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  27. 16604.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person may not make a magazine, book, or other publication sale or consignment conditional on buying or receiving another publication for resale; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16604. Every person who, as a condition to a sale or consignment of any magazine, book, or other publication, requires that the purchaser or consignee purchase or receive for sale any other magazine, book, or other publication is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both such imprisonment and such fine. This section is not intended to prohibit an agreement requiring a person to purchase or accept on consignment a minimum number of copies of a single edition or issue of a magazine or of a particular book or other particular publication. As used in this section, “person” includes a corporation, partnership, or other association. This section does not apply with respect to any contract relating exclusively to the sale or consignment of any newspaper of general circulation as defined by Section 6000 of the Government Code. (Amended by Stats. 1983, Ch. 1092, Sec. 50. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  28. 16605.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A distributor of books, magazines, or other publications must remove unsolicited material from a retail dealer within 10 days after the dealer gives notice, if the dealer says within 48 hours of receipt that the material was not wanted.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16605. Every person engaged in the business of distribution of books, magazines or publications of any kind to retail dealers shall remove from the possession of a retail dealer, within 10 days after notification by the dealer, any material which he delivered to the dealer which the dealer did not specifically request, if such dealer notifies such person that he does not want the material within 48 hours of receipt of the material. Any person who refuses to transact business with a dealer because of any action taken by the dealer under this section is guilty of a misdemeanor. As used in this section “person” includes a corporation, partnership or other association. (Added by Stats. 1965, Ch. 1723.)
  29. 16606.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A telephone answering service’s customer list is treated as a trade secret and confidential information, and it belongs to the service’s owner.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16606. The customer list, including the names, addresses, and identity of customers, of a telephone answering service shall constitute a trade secret and confidential information of, and shall belong to, the owner of the telephone answering service. (Added by Stats. 1968, Ch. 720.)
  30. 16607.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    An employment agency’s customer list is treated as trade secret and confidential information belonging to the agency, with a limited exception for certain former employees after one year.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16607. (a) Except as provided in subdivision (b), the customer list, including the names, addresses and identity of all employer customers who have listed job orders with an employment agency within a period of 180 days prior to the separation of an employee from the agency and including the names, addresses and identity of all applicant customers of the employment agency, shall constitute a trade secret and confidential information of, and shall belong to, the employment agency. (b) Notwithstanding the provisions of subdivision (a), no liability shall attach to, and no cause of action shall arise from, the use of a customer list of an employment agency by a former employee who enters into business as an employment agency more than one year immediately following termination of his employment. (Added by Stats. 1973, Ch. 1116.)
  31. 16608.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section bans certain employment-contract terms that make a worker pay debts, let collection restart, or impose fees or penalties when the worker leaves a job, unless an exception applies.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 1. Contracts in Restraint of Trade [16600 - 16608] ( Chapter 1 added by Stats. 1941, Ch. 526. ) ## 16608. (a) For purposes of this section, the following definitions apply: (1) “Contract” includes a promise, undertaking, contract, or agreement, whether written or oral, express or implied. (2) “Debt” means money, personal property, or their equivalent that is due or owing or alleged to be due or owing from a natural person to another person, including, but not limited to, for employment-related costs, education-related costs, or a consumer financial product or service, regardless of whether the debt is certain, contingent, or incurred voluntarily. (3) “Debt collector” has the same meaning as defined in subdivision (c) of Section 1788.2 of the Civil Code. (4) “Employer” means any person or entity that employs workers. “Employer” includes any parent company, subsidiary, division, affiliate, contractor, hiring party, or third-party agent of an employer. (5) “Freelance worker” has the same meaning as defined in subdivision (a) of Section 18101. (6) “Misconduct” has the same meaning as in Section 1256 of the Unemployment Insurance Code. (7) “Penalty, fee, or cost” includes, but is not limited to, a replacement hire fee, retraining fee, replacement fee, quit fee, reimbursement for immigration or visa-related costs, liquidated damages, lost goodwill, and lost profit. (8) “Person” means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization. (9) “Training provider” means an entity, whether or not affiliated with an employer, that provides an education program, as defined in Section 94837 of the Education Code, a job training program, or a skills training program. (10) “Transferable credential” means a degree that is offered by a third-party institution that is accredited and authorized to operate in the state, is not required for a worker’s current employment, and is transferable and useful for employment beyond the worker’s current employer. (11) “Worker” means a natural person who is permitted to work for or on behalf of an employer or business entity, or who is permitted to participate in any other work relationship, job training program, or skills training program. “Worker” includes, but is not limited to, an employee or prospective employee. (b) (1) Except as provided in paragraph (2), for contracts entered into on or after January 1, 2026, it shall be unlawful to include in any employment contract, or to require a worker to execute as a condition of employment or a work relationship a contract that includes, a contract term that does any of the following: (A) Requires the worker to pay an employer, training provider, or debt collector for a debt if the worker’s employment or work relationship with a specific employer terminates. (B) Authorizes the employer, training provider, or debt collector to resume or initiate collection of or end forbearance on a debt if the worker’s employment or work relationship with a specific employer terminates. (C) Imposes any penalty, fee, or cost on a worker if the worker’s employment or work relationship with a specific employer terminates. (2) This section does not apply to any of the following: (A) A contract entered into under any loan repayment assistance program or loan forgiveness program provided by a federal, state, or local governmental agency. (B) A contract related to the repayment of the cost of tuition for a transferable credential that meets all of the following requirements: (i) The contract is offered separately from any contract for employment. (ii) The contract does not require obtaining the transferable credential as a condition of employment. (iii) The contract specifies the repayment amount before the worker agrees to the contract, and the repayment amount does not exceed the cost to the employer of the transferable credential received by the worker. (iv) The contract provides for a prorated repayment amount during any required employment period that is proportional to the total repayment amount and the length of the required employment period and does not require an accelerated payment schedule if the worker separates from the employment. (v) The contract does not require repayment to the employer by the worker if the worker is terminated, except if the worker is terminated for misconduct. (C) A contract related to enrollment in an apprenticeship program approved by the Division of Apprenticeship Standards. (D) A contract for the receipt of a discretionary or unearned monetary payment, including a financial bonus, at the outset of employment that is not tied to specific job performance, provided that all of the following conditions are met: (i) The terms of any repayment obligation are set forth in a separate agreement from the primary employment contract. (ii) The employee is notified that they have the right to consult an attorney regarding the agreement and provided with a reasonable time period of not less than five business days to obtain advice of counsel prior to executing the agreement. (iii) Any repayment obligation for early separation from employment is not subject to interest accrual and is prorated based on the remaining term of any retention period, which shall not exceed two years from the receipt of payment. (iv) The worker has an option to defer receipt of the payment to the end of a fully served retention period without any repayment obligation. (v) Separation from employment prior to the retention period was at the sole election of the employee, or at the election of the employer for misconduct. (E) A contract related to the lease, financing, or purchase of residential property, including, but not limited to, a contract pursuant to the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code). (c) A contract that is unlawful under subdivision (b) is a contract restraining a person from engaging in a lawful profession, trade, or business, and is void under Section 16600 only if the contract was entered into on or after January 1, 2026. (d) The rights, remedies, and penalties established by this section are cumulative and shall not be construed to supersede or limit the rights, remedies, or penalties established under other laws, or to limit the ability of any other person or entity to pursue enforcement of rights, remedies, or penalties established under other laws, including, but not limited to: (1) Obligations of employers under Section 2802 of the Labor Code. (2) Article 1.5 (commencing with Section 2775) of Chapter 2 of Division 3 of the Labor Code. (3) The Unfair Competition Law (Chapter 5 (commencing with Section 17200)). (Added by Stats. 2025, Ch. 703, Sec. 1. (AB 692) Effective January 1, 2026.)
  32. 1670.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board may discipline a licentiate by revoking, suspending, reprimanding, or placing the license on probation for specified misconduct or other applicable causes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1670. Any licentiate may have his license revoked or suspended or be reprimanded or be placed on probation by the board for unprofessional conduct, or incompetence, or gross negligence, or repeated acts of negligence in his or her profession, or for the issuance of a license by mistake, or for any other cause applicable to the licentiate provided in this chapter. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 1979, Ch. 1007.)
  33. 1670.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Licentiates may face discipline, including suspension, revocation, reprimand, or probation, for certain convictions, and the board must begin proceedings when it receives a certified conviction record.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1670.1. (a) Any licentiate under this chapter may have his or her license revoked or suspended or be reprimanded or be placed on probation by the board for conviction of a crime substantially related to the qualifications, functions, or duties of a dentist or dental assistant licensed under this chapter, in which case the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence. (b) The board shall undertake proceedings under this section upon the receipt of a certified copy of the record of conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any misdemeanor substantially related to the qualifications, functions, or duties of a dentist or dental assistant licensed under this chapter is deemed to be a conviction within the meaning of this section. The board may order the license suspended or revoked, or may decline to issue a license, 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 any provision of the Penal Code, including, but not limited to, Section 1203.4 of the Penal Code, allowing such person to withdraw his or her 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. 2008, Ch. 31, Sec. 8. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  34. 1670.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board must file disciplinary proceedings against a licensee within the stated time limits, unless a listed exception or tolling rule applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1670.2. (a) Except as otherwise provided in this section, any proceeding initiated by the board against a licensee for the violation of any provision of this chapter shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. (b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging fraud or willful misrepresentation is not subject to the limitation in subdivision (a). (c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation in subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts. (d) If an alleged act or omission involves any conduct described in subdivision (e) of Section 1680 committed on a minor, the seven-year limitations period in subdivision (a) and the 10-year limitations period in subdivision (e) shall be tolled until the minor reaches the age of majority. (e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging conduct described in subdivision (e) of Section 1680 not committed on a minor shall be filed within three years after the board discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging conduct received by the board on and after January 1, 2005. (f) In any allegation, accusation, or proceeding described in this section, the limitations period in subdivision (a) shall be tolled for the period during which material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation. (Added by Stats. 2004, Ch. 447, Sec. 1. Effective January 1, 2005.)
  35. 16700.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This chapter’s provisions are cumulative with each other and with other laws on the same subject that were in effect on May 22, 1907.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 16700. The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect May 22, 1907. (Added by Stats. 1941, Ch. 526.)
  36. 16701.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section says Section 24 does not control separability for this chapter, and it states that certain combinations by two or more persons to reduce prices may be treated as a trust if a specified deletion was not effectively made.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 16701. Section 24 of this code shall not determine the separability of the provisions of this chapter, one from another. Such separability shall be determined by whether the provisions of Chapter 530 of the Statutes of 1907 and the provisions of Chapter 362 of the Statutes of 1909 are separable among themselves and as to each other. If the words “or reduce” (following the word “increase”) were not effectively deleted from Subdivision 2 of Section 1 of Chapter 530 of the Statutes of 1907 by Section 1 of Chapter 362 of the Statutes of 1909, a combination of capital, skill or acts by two or more persons for the purpose of reducing the price of merchandise or of any commodity is a trust. (Added by Stats. 1941, Ch. 526.)
  37. 16702.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In this chapter, “person” includes corporations, firms, partnerships, and associations from this state, other states, or foreign countries.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 16702. As used in this chapter “person” or “persons” includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country. (Added by Stats. 1941, Ch. 526.)
  38. 16703.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    For this chapter, labor—skilled or unskilled—is not treated as a commodity.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [16700 - 16703] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 16703. Within the meaning of this chapter, labor, whether skilled or unskilled, is not a commodity. (Added by Stats. 1941, Ch. 526.)
  39. 1671.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board may discipline a licentiate by placing the person on probation with conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1671. The board may discipline a licentiate by placing him or her on probation under various terms and conditions, which may include, but are not limited to, the following: (a) Requiring the licentiate to obtain additional training or pass an examination upon completion of training, or both. The examination may be written, oral, or both, and may be a practical or clinical examination or both, at the option of the board. (b) Requiring the licentiate to submit to a complete diagnostic examination by one or more physicians appointed by the board, if warranted by the physical or mental condition of the licentiate. If the board requires the licentiate to submit to such an examination, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licentiate’s choice. (c) Restricting or limiting the extent, scope or type of practice of the licentiate. (d) Requiring restitution of fees to the licentiate’s patients or payers of services unless such restitution has already been made. (e) Providing the option of alternative community service in lieu of all or part of a period of suspension in cases other than violations relating to quality of care. (Added by Stats. 1979, Ch. 1007.)
  40. 1672.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board may require a probationary licensee to pay the costs of monitoring probation. If the licensee does not pay ordered costs, the board may not renew the license and may not reinstate it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1672. (a) When the board disciplines a licensee by placing him or her on probation, the board may, in addition to the terms and conditions described in Section 1671, require the licensee to pay the monetary costs associated with monitoring the licensee’s probation. (b) The board shall not renew the license of a licensee who fails to pay all of the costs he or she is ordered to pay pursuant to this section once the licensee has served his or her term of probation. (c) The board shall not reinstate a license if the petitioner has failed to pay any costs he or she was ordered to pay pursuant to this section. (Added by Stats. 2007, Ch. 588, Sec. 3. Effective January 1, 2008.)
  41. 16720.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines a “trust” as a combination of capital, skill, or acts by two or more persons used for certain anti-competitive purposes.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16720. A trust is a combination of capital, skill or acts by two or more persons for any of the following purposes: (a) To create or carry out restrictions in trade or commerce. (b) To limit or reduce the production, or increase the price of merchandise or of any commodity. (c) To prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity. (d) To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this State. (e) To make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they do all or any or any combination of any of the following: (1) Bind themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or fixed value. (2) Agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure. (3) Establish or settle the price of any article, commodity or transportation between them or themselves and others, so as directly or indirectly to preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or transportation of any such article or commodity. (4) Agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected. (Added by Stats. 1941, Ch. 526.)
  42. 16721.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section bars people in California from excluding others from business transactions, or requiring exclusion, when the policy is discriminatory for the listed civil-rights characteristics or because of a business location.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16721. Recognizing that the California Constitution prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin, and guarantees the free exercise and enjoyment of religion without discrimination or preference; and recognizing that these and other basic, fundamental constitutional principles are directly affected and denigrated by certain ongoing practices in the business and commercial world, it is necessary that provisions protecting and enhancing a person’s right to enter or pursue business and to freely exercise and enjoy religion, consistent with law, be established. (a) No person within the jurisdiction of this state shall be excluded from a business transaction on the basis of a policy expressed in any document or writing and imposed by a third party where that policy requires discrimination against that person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code or on the basis that the person conducts or has conducted business in a particular location. (b) No person within the jurisdiction of this state shall require another person to be excluded, or be required to exclude another person, from a business transaction on the basis of a policy expressed in any document or writing that requires discrimination against that other person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code or on the basis that the person conducts or has conducted business in a particular location. (c) Any violation of any provision of this section is a conspiracy against trade. (d) Nothing in this section shall be construed to prohibit any person, on this basis of his or her individual ideology or preferences, from doing business or refusing to do business with any other person consistent with law. (Amended by Stats. 2007, Ch. 568, Sec. 3. Effective January 1, 2008.)
  43. 16721.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person may not use certain letters of credit or contracts to force discrimination or certify non-association, and may not refuse those documents just because they lack such a discriminatory clause.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16721.5. (a) It is an unlawful trust and an unlawful restraint of trade for a person to do the following: (1) Grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or enter into a contract for the exchange of goods or services, if the letter of credit, contract, or other document contains a provision that requires a person to discriminate against, or to certify that he, she, or it has not dealt with, another person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, or on the basis of a person’s lawful business associations. (2) To refuse to grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or to refuse to enter into a contract for the exchange of goods or services, on the ground that the letter, contract, or document does not contain a discriminatory provision or certification. (b) This section shall not apply to a letter of credit, contract, or other document that contains a provision pertaining to a labor dispute or an unfair labor practice if the other provisions of that letter of credit, contract, or other document otherwise do not violate this section. (c) For purposes of this section, the prohibition against discrimination on the basis of a person’s business associations does not include the requiring of association with particular employment or a particular group as a prerequisite to obtaining group rates or discounts on insurance, recreational activities, or other similar benefits. (d) For purposes of this section, “person” shall include, but not be limited to, individuals, firms, partnerships, associations, corporations, and governmental agencies. (Amended by Stats. 2008, Ch. 179, Sec. 22. Effective January 1, 2009.)
  44. 16721.6.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    The Legislature says Sections 16721 and 16721.5 should be read and applied consistently with federal law for interstate and foreign commerce, to the extent they are not preempted by the Export Administration Act of 1969 and related regulations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16721.6. It is the intent of the Legislature that Sections 16721 and 16721.5 be interpreted and applied so as not to conflict with federal law with respect to transactions in the interstate or foreign commerce of the United States to the extent, if any, not preempted by the Export Administration Act of 1969 as amended (50 U.S.C.App. Sec. 2401 and following) and any regulations promulgated thereunder. (Added by Stats. 1977, Ch. 859.)
  45. 16722.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A contract or agreement that violates this chapter is void and cannot be enforced in court or equity.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16722. Any contract or agreement in violation of this chapter is absolutely void and is not enforceable at law or in equity. (Added by Stats. 1941, Ch. 526.)
  46. 16725.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Agreements, associations, or combinations are allowed if their purpose and effect is to promote, encourage, or increase competition, or if they further trade.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16725. It is not unlawful to enter into agreements or form associations or combinations, the purpose and effect of which is to promote, encourage or increase competition in any trade or industry, or which are in furtherance of trade. (Added by Stats. 1941, Ch. 526.)
  47. 16726.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Except as provided in this chapter, every trust is unlawful, against public policy, and void.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16726. Except as provided in this chapter, every trust is unlawful, against public policy and void. (Added by Stats. 1941, Ch. 526.)
  48. 16727.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

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    A person may not lease or sell certain goods on condition that the buyer or lessee will not use competitors’ goods or services, if the arrangement may substantially lessen competition or create a monopoly.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16727. It shall be unlawful for any person to lease or make a sale or contract for the sale of goods, merchandise, machinery, supplies, commodities for use within the State, or to fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, merchandise, machinery, supplies, commodities, or services of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in any line of trade or commerce in any section of the State. (Added by Stats. 1961, Ch. 738.)
  49. 16728.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

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    Motor carriers of property may choose to participate in certain uniform transportation rules, but if they do, they must comply with federal requirements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16728. (a) Notwithstanding any other provision of law, motor carriers of property, as defined in Section 34601 of the Vehicle Code, may voluntarily elect to participate in uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint line rates or routes, classifications, mileage guides, and pooling. Motor carriers of property that so elect shall comply with all requirements of Section 14501(c) of Title 49 of the United States Code and with federal regulations promulgated pursuant to that section. The Legislature intends by this section to provide to motor carriers of property the antitrust immunity authorized by state action pursuant to Section 14501(c) of Title 49 of the United States Code. (b) The election authorized by this section shall be exercised in either of the following ways: (1) Participation in an agreement pursuant to Section 13703 of Title 49 of the United States Code. (2) Filing with the Department of Motor Vehicles a notice of adoption of any or all of the uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint rates or routes, classifications, mileage guides, and pooling contained in an identified publication authorized by Section 13703 of Title 49 of the United States Code, along with a written certification issued by the organization establishing those uniform rules or provisions in accordance with Section 13703(g)(1)(B) of Title 49 of the United States Code, affirming participation of the motor carrier of property in the collective publication. The certification shall be made available for public inspection. (c) The elections made by a motor carrier of property pursuant to this section may be canceled by the motor carrier. (Amended by Stats. 1998, Ch. 829, Sec. 3. Effective January 1, 1999.)
  50. 16729.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. )

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    A person must not use or distribute a common pricing algorithm in certain anticompetitive conduct.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Prohibited Restraints on Competition [16720 - 16729] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 16729. (a) It shall be unlawful for a person to use or distribute a common pricing algorithm as part of a contract, combination in the form of a trust, or conspiracy to restrain trade or commerce in violation of this chapter. (b) It shall be unlawful for a person to use or distribute a common pricing algorithm if the person coerces another person to set or adopt a recommended price or commercial term recommended by the common pricing algorithm for the same or similar products or services in the jurisdiction of this state. (c) Nothing in this section shall impair or limit the applicability of antitrust laws. (d) For purposes of this section, the following definitions apply: (1) “Antitrust laws” means the provisions of this part. (2) “Commercial term” includes, without limitation, any of the following: (A) Level of service. (B) Availability. (C) Output, including quantities of products produced or distributed or the amount or level of service provided. (3) “Common pricing algorithm” means any methodology, including a computer, software, or other technology, used by two or more persons, that uses competitor data to recommend, align, stabilize, set, or otherwise influence a price or commercial term. (4) “Distribute,” “distribution,” and “distributing” include selling, licensing, providing access to, or otherwise making available by any means, including through a subscription or the sale of a service. (5) “Person” has the same meaning as defined in Section 16702 and does not include the end consumer of a product or service. (6) “Price” means the amount of money or other thing of value, whether tangible or not, expected, required, or given in payment for any product or service, including compensation paid to an employee or independent contractor for services provided. (Added by Stats. 2025, Ch. 338, Sec. 1. (AB 325) Effective January 1, 2026.)
  51. 1673.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    The board must require certain probationed licensees to give patients a separate disclosure about the probation, and the licensee must get a signed copy back.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1673. (a) On and after July 1, 2020, except as otherwise provided in subdivision (c), the board shall require a licensee to provide to a patient or the patient’s guardian or health care surrogate a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website. The disclosure shall be provided before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2020, in any of the following circumstances: (1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following: (A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729. (B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely. (C) Criminal conviction directly involving harm to patient health. (D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more. (2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendere or other similar compromise that does not include any prima facie showing or admission of guilt or fact, but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest. (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure. (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following apply: (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. (4) The licensee does not have a direct treatment relationship with the patient. (d) On and after July 1, 2020, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s license information internet website. (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation, along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. (4) The length of the probation and the probation end date. (5) All practice restrictions placed on the license by the board. (Added by Stats. 2019, Ch. 865, Sec. 41. (AB 1519) Effective January 1, 2020.)
  52. 16750.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    This section lets injured persons sue for antitrust-related harm and gives the Attorney General and district attorneys powers and filing duties in such actions.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16750. (a) Any person who is injured in his or her business or property by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and to recover three times the damages sustained by him or her, interest on his or her actual damages pursuant to Section 16761, and preliminary or permanent injunctive relief when and under the same conditions and principles as injunctive relief is granted by courts generally under the laws of this state and the rules governing these proceedings, and shall be awarded a reasonable attorneys’ fee together with the costs of the suit. This action may be brought by any person who is injured in his or her business or property by reason of anything forbidden or declared unlawful by this chapter, regardless of whether such injured person dealt directly or indirectly with the defendant. The amendments to this section adopted at the 1959 Regular Session of the Legislature do not apply to any action commenced prior to September 18, 1959. (b) The state and any of its political subdivisions and public agencies shall be deemed a person within the meaning of this section. (c) The Attorney General may bring an action on behalf of the state or of any of its political subdivisions or public agencies to recover the damages provided for by this section, or by any comparable provision of federal law, provided that the Attorney General shall notify in writing any political subdivision or public agency of his or her intention to bring any such action on its behalf, and at any time within 30 days thereafter, such political subdivision or public agency may, by formal resolution of its governing body or as otherwise specifically provided by applicable law, withdraw the authority of the Attorney General to bring the intended action. In any action brought pursuant to this section on behalf of any political subdivision or public agency of the state, the state shall retain for deposit in the Attorney General antitrust account within the General Fund, out of the proceeds, if any, resulting from such action, an amount equal to the expense incurred by the Attorney General in the investigation and prosecution of such action or an amount equal to 10 percent of the total recovery obtained by the Attorney General, whichever is greater. (d) In any antitrust action brought on behalf of the state in which the Attorney General is the class representative of political subdivisions, public agencies, or citizens of the state who have been affected by the matters set forth in the complaint, the state shall retain for deposit in the Attorney General antitrust account within the General Fund, the proceeds, if any, of any attorneys’ fees awarded by the court in which such case is located, to the Attorney General, resulting from such class representation. (e) In any action brought by the Attorney General pursuant to either state or federal antitrust laws for the recovery of damages by the state or any of its political subdivisions or public agencies, in addition to his or her other powers and authority, the Attorney General may enter into contracts relating to the investigation and the prosecution of such action with any other party plaintiff who has brought a similar action for the recovery of damages and with whom the Attorney General finds it advantageous to act jointly, or to share common expenses or to cooperate in any manner relative to such action. In any such action, notwithstanding the provisions of Section 12520 of the Government Code, the Attorney General may undertake, among other things, either to render legal services as special counsel to, or to obtain the legal services of special counsel from any department or agency of the United States, of this state or any other state or any department or agency thereof, any county, city, public corporation or public district of this state or of any other state, that has brought or intends to bring a similar action for the recovery of damages, or their duly authorized legal representatives in such action. The Attorney General may also enter into any agreement authorized by Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code with any governmental entity enumerated in this subdivision, notwithstanding any provision to the contrary contained in Section 6500 of the Government Code. Every contract or agreement entered into pursuant to this subdivision (e) shall be approved by the Department of General Services. (f) The amounts paid into the Attorney General antitrust account within the General Fund pursuant to subdivisions (c), (d) and (e) arising from the same action or companion actions shall not cumulatively exceed the greater of ten percent (10%) of the total recovery in all actions resulting from the Attorney General’s representation or an amount equal to the expenses incurred by the Attorney General in the investigation and prosecution of such actions. Any excess shall be paid into the General Fund. (g) The district attorney of any county may prosecute any action on behalf of such county or any city or public agency or political subdivision located wholly within such county which the Attorney General is authorized to bring pursuant to subdivision (c) of this section, whenever it appears that the activities giving rise to such prosecution or the effects of such activities occur primarily within such county. The district attorney shall file with the Attorney General at least 30 days prior to the filing of any such action a copy of the proposed complaint together with a confidential memorandum and report explaining the facts giving rise to the proposed prosecution and supporting the filing of the new complaint. Prior to entering into any stipulated or consent judgment or other settlement of any such action, the district attorney shall file with the Attorney General at least 30 days prior to the execution thereof a copy of the proposed settlement together with a memorandum of explanation of the settlement. The Attorney General may waive any time requirements provided in this subdivision. In any investigation or action undertaken or brought by a district attorney pursuant to this section, if the Attorney General deems it necessary and in the public interest, the Attorney General may take full charge of any such investigation or prosecution, and the Attorney General shall have all the powers granted by Section 12550 of the Government Code in respect thereto. (h) In any action prosecuted pursuant to the provisions of subdivision (g) a district attorney may exercise all of the powers conferred on the Attorney General by subdivision (e) provided that every contract or agreement entered into pursuant to this subdivision by a district attorney shall first be approved by the governing authority of the agency in his or her county. (i) In any action brought pursuant to subdivision (g) a district attorney may represent any political subdivision located within his or her county directly, in which case he or she shall notify in writing such political subdivision of his or her intention to bring any such action on its behalf, and at any time within 30 days thereafter, that political subdivision may, by formal resolution of its governing body or as otherwise specifically provided by applicable law, withdraw the authority of the district attorney to bring the intended action. In any action in which a district attorney directly represents any political subdivision located within his county, the district attorney shall retain out of the proceeds, if any, resulting from such action, an amount equal to the expense incurred by the district attorney in the investigation and prosecution of such action or an amount equal to 10 percent of the total recovery obtained by the district attorney, whichever is greater. In any action brought pursuant to subdivision (g) in which the county, through the district attorney, is the class representative of political subdivisions located within such county, the district attorney shall retain the proceeds, if any, of any attorneys’ fees awarded by the court in which such action is pending to the district attorney, resulting from such class representation. All proceeds retained by a district attorney pursuant to this subdivision shall be deposited in the appropriate account as provided by law. (j) Nothing in this section shall be construed to authorize any district attorney to exercise the powers conferred upon the Attorney General by an act of Congress of September 30, 1976, (P.L. 94-905; 90 Stat. 1983) also known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976, except at the direction of the Attorney General. (Amended by Stats. 1987, Ch. 865, Sec. 2.)
  53. 16750.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    A civil action to enforce a violation of this chapter must be started within 4 years after the claim accrues.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16750.1. Any civil action to enforce any cause of action for a violation of this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of the amendment of this section at the 1977–78 Regular Session of the Legislature shall be revived by such amendment. (Amended by Stats. 1977, Ch. 541.)
  54. 16750.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    A person who starts certain Supreme Court or Court of Appeal proceedings must serve notice on the Attorney General within three days, unless the time is extended for good cause, and the court may not grant relief until proof of service is filed.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16750.2. Any person, other than the Attorney General or a district attorney, who commences, by writ or appeal, any proceeding in the Supreme Court of California or a state court of appeal in which a violation of this chapter is alleged or any application of this chapter is in issue shall serve notice thereof upon the Attorney General within three days after the commencement of the proceeding, provided that such time may be extended by the Chief Justice or presiding justice for good cause shown. No relief, temporary or permanent, shall be granted until proof of service of this notice is filed with the court. (Added by Stats. 1983, Ch. 765, Sec. 1.)
  55. 16751.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    If proceedings under this chapter are pending and justice requires it, the court may bring in other parties as defendants and have them summoned, even if they live in another county.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16751. Whenever it appears to the court before which any proceedings under this chapter are pending that the ends of justice require that other parties shall be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where such action is pending. (Added by Stats. 1941, Ch. 526.)
  56. 16752.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    If a corporation or association violates this chapter, the Attorney General or the local district attorney may bring proceedings to forfeit its charter-related rights and dissolve it.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16752. Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county may institute proper proceedings in a court of competent jurisdiction for the forfeiture of charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the corporation or association. (Amended by Stats. 1959, Ch. 2079.)
  57. 16753.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    Foreign corporations or associations that violate this chapter can have their powers revoked and, after revocation, are barred from doing business in the state.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16753. Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this state, which violates this chapter, is subject to revocation of those powers, franchises or functions and upon such revocation is prohibited from doing any business in this state. The Attorney General, or a district attorney of a county where the offense or any part thereof is committed, may enforce this provision by bringing proper proceedings by injunction or otherwise. Upon receipt of a certified copy of the judgment and decree of any court of competent jurisdiction finding any foreign corporation or association guilty of violating this chapter and ordering a revocation of its powers, franchises or functions of a corporation in this state, the Secretary of State shall revoke the license of any such corporation or association heretofore authorized to do business in this state. (Amended by Stats. 1977, Ch. 540.)
  58. 16754.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    The Attorney General or a county district attorney must start civil or criminal enforcement actions for violations of this chapter, after meeting the notice requirements in Section 16750(g).

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16754. The Attorney General, or the district attorney of any county, subject to the notice requirements of subdivision (g) of Section 16750, shall initiate civil actions or criminal proceedings for violation of this chapter. Civil actions and criminal proceedings for violation of this chapter initiated by the Attorney General or district attorney may be brought in the superior court in and for any county where the offense or any part thereof is committed or where any of the offenders reside or where any corporate defendant does business. In any civil action or criminal proceeding brought by a district attorney pursuant to this section, the Attorney General shall have all of the powers set forth in Section 12550 of the Government Code. (Amended by Stats. 1977, Ch. 540.)
  59. 16754.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    In civil actions brought by the Attorney General or a district attorney under this chapter, the court may issue injunctions and other restraints, including mandatory injunctions needed to restore and preserve fair competition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16754.5. In any civil action brought by the Attorney General or a district attorney under this chapter, the court may, in addition to granting such prohibitory injunctions and other restraints as it may deem expedient to deter the defendant from, and insure against, his committing a future violation of this chapter, grant such mandatory injunctions as may be reasonably necessary to restore and preserve fair competition in the trade or commerce affected by the violation. (Amended by Stats. 1977, Ch. 540.)
  60. 16755.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    Violating this chapter is treated as a conspiracy against trade and can lead to fines or imprisonment, depending on whether the violator is a corporation or an individual.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16755. (a) Any violation of this chapter is a conspiracy against trade, and any person who engages in any such conspiracy or takes part therein, or aids or advises in its commission, or who as principal, manager, director, agent, servant or employee, or in any other capacity, knowingly carries out any of the stipulations, purposes, prices, rates, or furnishes any information to assist in carrying out those purposes, or orders thereunder or in pursuance thereof, is punishable, as follows: (1) If the violator is a corporation, by a fine of not more than six million dollars ($6,000,000) or the applicable amount under paragraph (3), whichever is greater. (2) If the violator is an individual, by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for one, two, or three years, by imprisonment for not more than one year in a county jail, by a fine of not more than the greater of one million dollars ($1,000,000) and a fine of the applicable amount under paragraph (3), or by both a fine and imprisonment. (3) If any person derives pecuniary gain from a violation of this chapter, or the violation results in pecuniary loss to a person other than the violator, the violator may be fined not more than an amount equal to the amount of the gross gain multiplied by two or an amount equal to the amount of the gross loss multiplied by two, whichever is applicable. (b) Any action pursuant to this section may be commenced at any time within four years after the commission of the last act comprising a part of any violation. No cause of action barred under existing law on the effective date of the amendment of this section at the 1977–78 Regular Session of the Legislature shall be revived by that amendment. (c) All moneys received by any court in payment of any fine or civil penalty imposed pursuant to this section shall, as soon as practicable after receipt thereof, be deposited with the county treasurer of the county in which the court is situated. Amounts so deposited shall be paid as soon as practicable as follows: 100 percent to the Treasurer by warrant of the county auditor drawn upon the requisition of the clerk or judge of said court to be deposited in the Attorney General antitrust account within the General Fund of the State Treasury, as established under Section 12526 of the Government Code, on order of the Controller if the moneys received resulted from an action initiated and prosecuted by the Attorney General. If the action was initiated and prosecuted by a district attorney, then 100 percent shall be paid as soon as practicable to the treasurer of the county in which the prosecution is conducted. If the action was initiated and prosecuted jointly by the Attorney General and a district attorney or jointly by more than one district attorney, those amounts shall be paid to the State Treasurer and to the treasurer or treasurers of the county or counties participating in the prosecution in a proportion agreed upon by the agencies jointly prosecuting the case and as approved by the court. (Amended by Stats. 2025, Ch. 426, Sec. 1. (SB 763) Effective January 1, 2026.)
  61. 16755.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    This section allows a civil penalty of up to $1,000,000 for each violation of the chapter, recoverable in a civil action brought by the Attorney General or a district attorney.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16755.1. (a) A civil penalty of not more than one million dollars ($1,000,000) shall be assessed and recovered in any civil action brought by the Attorney General or district attorney against any person, corporation, or business entity for each violation of this chapter. (b) In assessing the amount of a civil penalty pursuant to this section, a court or jury shall consider any relevant circumstances presented by any of the parties to the case, including, but not limited to, all of the following: (1) The nature and seriousness of the misconduct. (2) The number of violations committed by the defendant. (3) The persistence of the defendant’s misconduct. (4) The length of time over which the defendant’s misconduct occurred. (5) The willfulness of the defendant’s misconduct. (6) The defendant’s assets, liabilities, and net worth. (7) The extent to which the defendant cooperated in the Attorney General’s or district attorney’s investigation and litigation. (c) The penalty described in this section shall be recovered only in a civil action brought by the Attorney General or a district attorney, or by any of that person’s attorneys designated by it for that purpose, against any party that violates this chapter. (d) A penalty collected pursuant to this section shall accrue only to the State of California or the county treasurer of the county in which the court is situated, and all proceeds retained pursuant to this section shall be deposited pursuant to subdivision (c) of Section 16755. (Added by Stats. 2025, Ch. 426, Sec. 2. (SB 763) Effective January 1, 2026.)
  62. 16756.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    For offenses named in this chapter, a charging document can simply allege the trust or combination’s purpose or effects and the accused’s participation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16756. In any indictment, information or complaint for any offense named in this chapter, it is sufficient to state the purpose or effects of the trust or combination, and that the accused is a member of, acted with, or in pursuance of it, or aided or assisted in carrying out its purposes, without giving its name or description, or how, when and where it was created. (Added by Stats. 1941, Ch. 526.)
  63. 16756.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A complaint for a violation of this chapter is enough if it includes factual allegations making a restraint-of-trade contract, trust, or conspiracy plausible.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16756.1. Notwithstanding any other law, in a complaint for any violation of this chapter, it is sufficient to contain factual allegations demonstrating that the existence of a contract, combination in the form of a trust, or conspiracy to restrain trade or commerce is plausible, and the complaint shall not be required to allege facts tending to exclude the possibility of independent action. (Added by Stats. 2025, Ch. 338, Sec. 2. (AB 325) Effective January 1, 2026.)
  64. 16757.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In prosecutions under this chapter, the prosecution may prove a trust or combination exists and that the defendant belonged to it or acted in connection with it without proving every member or producing a written agreement.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16757. (a) In prosecutions under this chapter, it is sufficient to prove that a trust or combination exists, and that the defendant belonged to it, or acted for or in connection with it, without proving all the members belonging to it, or proving or producing any article of agreement, or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. (b) The character of the trust or combination alleged may be established by proof of its general reputation as such. (Added by Stats. 1941, Ch. 526.)
  65. 16758.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    In certain enforcement actions, people cannot refuse to testify or produce documents on self-incrimination grounds, and they are protected from prosecution or penalties for matters they testify about.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16758. In any action or proceeding brought by the Attorney General or any district attorney for the violation of this chapter no person shall be excused from attending, testifying or producing books, papers, or documents in obedience to subpena or under order of court on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty. No individual shall be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence in any action or proceeding brought by the Attorney General or a district attorney under this chapter. (Added by Stats. 1941, Ch. 526.)
  66. 16759.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    Certain local prosecutors get Attorney General powers to investigate specified competition-law violations; subpoena recipients who object must serve objections and meet and confer, and may then ask the superior court to quash or modify the subpoena.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16759. (a) All those powers granted to the Attorney General as a head of a department under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code shall be granted to the district attorney of any county when that district attorney reasonably believes that there may have been a violation of Article 2 (commencing with Section 16720) or Article 3 (commencing with Section 16750) of this chapter, or a violation of Chapter 4 (commencing with Section 17000) of this part, or a violation of Chapter 5 (commencing with Section 17200) of this part, and shall be subject to the provisions of Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code. (b) All those powers granted to the Attorney General as head of a department under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code shall be granted to the city attorney of any city having a population in excess of 750,000, to the county counsel of any county within which a city has a population in excess of 750,000, or to a city attorney of a city and county, when the city attorney or county counsel reasonably believes that there may have been a violation of Chapter 5 (commencing with Section 17200) of this part and shall be subject to the provisions of Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code. (c) Any investigation pursuant to these powers shall be conducted in accordance with the procedures set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code, including all applicable principles relating to immunity from self-incrimination. However, Section 16758 shall not be construed as providing automatic immunity with respect to the subject of a subpoena issued in connection with that investigation. Court orders sought pursuant to this section shall be sought in the superior court of the county in which the district attorney, authorized pursuant to subdivision (a), or the city attorney or county counsel, authorized pursuant to subdivision (b), seeking the order holds office. (d) Should the recipient of such subpoena issued pursuant to the powers granted in subdivision (b) object to the request in whole or in part, the recipient must serve objections and meet and confer with the issuer of the subpoena in an attempt to address those objections. If after meeting and conferring, the issuer and recipient cannot reach agreement, the recipient may petition the superior court for an order quashing or modifying the subpoena in whole or in part. (Amended by Stats. 2022, Ch. 698, Sec. 1. (AB 2766) Effective January 1, 2023.)
  67. 16760.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    The Attorney General may sue for monetary relief for violations of this chapter, and district attorneys may also sue in qualifying county cases. The court must give publication notice, exclude duplicate or ineligible amounts, and award treble damages plus interest and costs. Some affected persons may opt out by filing notice.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16760. (a) (1) The Attorney General may bring a civil action in the name of the people of the State of California, as parens patriae on behalf of natural persons residing in the state, in the superior court of any county which has jurisdiction of a defendant, to secure monetary relief as provided in this section for injury sustained by those natural persons to their property by reason of any violation of this chapter. The court shall exclude from the amount of monetary relief awarded in the action any amount of monetary relief (A) which duplicates amounts which have been awarded for the same injury, or (B) which is properly allocable to (i) natural persons who have excluded their claims pursuant to paragraph (2) of subdivision (b), and (ii) any business entity. (2) The court shall award the state as monetary relief three times the total damage sustained as described in paragraph (1), the interest on the total damages pursuant to Section 16761, and the costs of suit, including a reasonable attorney’s fee. (3) The court may, in its discretion, award a reasonable attorney’s fee to a prevailing defendant upon a finding that the Attorney General or district attorney has acted in bad faith, vexatiously, wantonly, or for oppressive reasons. (b) (1) In any action brought under this section, the Attorney General shall, at any time, in any manner, and with any content as the court may direct, cause notice thereof to be given by publication. If the court finds that notice given solely by publication would deny due process of law to any person or persons, the court may direct further notice to the person or persons according to the circumstances of the case. (2) Any person on whose behalf an action is brought under paragraph (1) of subdivision (a) may elect to exclude from adjudication the portion of the claim for monetary relief attributable to him or her by filing notice of that election with the court within the time as specified in the notice given pursuant to paragraph (1). (3) The final judgment in an action under paragraph (1) of subdivision (a) shall be res judicata as to any claim under this section by any person on behalf of whom the action was brought and who fails to give notice within the period specified in the notice given pursuant to paragraph (1). (c) An action under paragraph (1) of subdivision (a) shall not be dismissed or compromised without the approval of the court, and notice of any proposed dismissal or compromise shall be given in any manner as the court directs. (d) In any action under this chapter, where there has been a determination that a defendant agreed to fix prices, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the pro rata allocation of illegal overcharges or of excess profits, or by any other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought. (e) Monetary relief recovered by the Attorney General under this section shall be distributed as follows: (1) In any manner as the superior court having jurisdiction over the action in its discretion may authorize to insure, to the extent possible, that each person be afforded a reasonable opportunity to secure his or her appropriate portion of the monetary relief. In exercising its discretion, the court may employ cy pres or fluid recovery mechanisms as a way of providing value to persons injured as a result of a violation of this chapter. (2) The Attorney General shall retain that portion of the monetary relief awarded by the court as costs of suit and attorney’s fee for deposit in the Attorney General Antitrust Account within the General Fund. (3) To the extent that the monetary relief awarded by the court is not exhausted by distribution under paragraphs (1) and (2), the remaining funds shall be treated under the provisions of Article 3 (commencing with Section 1530) and Article 4 (commencing with Section 1540) of Chapter 7 of Title 10 of Part 3 of the Code of Civil Procedure as if it were unclaimed property, as defined in Section 1300 of the Code of Civil Procedure. (f) The powers granted in this section are in addition to and not in derogation of the powers granted to the Attorney General by common law in respect to bringing actions parens patriae. (g) The district attorney of any county may prosecute any action on behalf of the natural persons residing in the county which the Attorney General is authorized to bring pursuant to subdivision (a), whenever it appears that the activities giving rise to the prosecution or the effects of the activities occur primarily within that county. Prior to bringing the action, a district attorney shall comply with the notice requirements provided in subdivision (g) of Section 16750. In any action brought pursuant to this subdivision, the provisions of subdivisions (a) to (e), inclusive, shall be applicable, except that the portion of monetary relief awarded by the court as attorney’s fee and costs shall be retained by the district attorney for deposit in the appropriate account as provided by law. (Amended by Stats. 2001, Ch. 74, Sec. 1. Effective January 1, 2002.)
  68. 16761.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    The court may award 10% annual interest on actual damages if a qualifying party moves for it and the court finds it just.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16761. The court may award, pursuant to a motion by a person who has recovered damages pursuant to Section 16750, or by the Attorney General who has secured monetary relief pursuant to Section 16760, interest on actual damages at the rate of 10 percent per annum for the period beginning on the date of service of such person’s or the Attorney General’s complaint setting forth a claim for violation of this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only the following: (a) Whether the person, the Attorney General, or the opposing party, or the representative of any of those parties, made motions or asserted claims or defenses so lacking in merit as to show that the party or representative acted intentionally for delay, or otherwise acted in bad faith. (b) Whether, in the course of the action involved, the person, the Attorney General, or the opposing party, or the representative of any of those parties, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings. (c) Whether the person, the Attorney General, or the opposing party, or the representative of any of those parties, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof. (Added by Stats. 1983, Ch. 1069, Sec. 3.)
  69. 16762.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. )

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    This section says the chapter’s remedies or penalties are cumulative unless another rule expressly says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Enforcement [16750 - 16762] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 16762. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under other state law. (Added by Stats. 2025, Ch. 426, Sec. 3. (SB 763) Effective January 1, 2026.)
  70. 16770.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Health Care Services [16770- 16770.] ( Article 4 added by Stats. 1985, Ch. 1592, Sec. 1. )

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    The section states legislative intent to support efficient health care contracting units and says the law does not change existing antitrust rules about excluding someone who lacks the same license or certification as group members.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2. Combinations in Restraint of Trade [16700 - 16770] ( Chapter 2 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Health Care Services [16770- 16770.] ( Article 4 added by Stats. 1985, Ch. 1592, Sec. 1. ) ## 16770. (a) It is the intent of the Legislature to ensure that the citizens of this state receive high-quality health care coverage in the most efficient and cost-effective manner possible. (b) In furtherance of this intent, the Legislature finds and declares that it is in the public interest to enhance the ability of California purchasers, providers, and payers to form efficient-sized bargaining units for the purpose of contracting for the delivery of health care services. (c) This Legislature has previously demonstrated its intent in this area by the recent enactment of Chapters 328, 329, and 1594 of the Statutes of 1982 authorizing various types of contracts to be entered into between public or private purchasers or payers of health care coverage, and institutional or professional providers of health care services. (d) The Legislature further finds and declares that individual providers or purchasers, whether institutional, professional, or otherwise, have not proven to be efficient-sized bargaining units for these contracts, and that the formation of groups and combinations of institutional and professional providers and purchasing groups for the purpose of creating efficient-sized contracting units represents a meaningful addition to the health care marketplace. (e) The Legislature, however, recognizes that the 1982 decision of the United States Supreme Court in Arizona v. Maricopa Medical Society serves as a disincentive to the development of contracting for health care services because purchasers, providers, and payers who enter into contracts bear the risk of being found guilty of committing per se antitrust violations. (f) The Legislature further finds and declares that the public interest in ensuring that citizens of this state receive high-quality health care coverage in the most efficient and cost-effective manner possible is furthered by permitting negotiations for alternative rate contracts between purchasers or payers of health care services, and institutional and professional providers, or through a person or entity acting for, or on behalf of, a purchaser, payer, or provider. (g) It is the intent of the Legislature, therefore, that the formation of groups and combinations of providers and purchasing groups for the purpose of creating efficient-sized contracting units be recognized as the creation of a new product within the health care marketplace, and be subject, therefore, only to those antitrust prohibitions applicable to the conduct of other presumptively legitimate enterprises. These provisions are in addition to those provided for under Section 1342.6 of the Health and Safety Code and Section 10133.6 of the Insurance Code. (h) This section does not change existing antitrust law as it relates to any agreement or arrangement to exclude from any of the above-described groups or combinations, any person who is lawfully qualified to perform the services to be performed by the members of the group or combination, where the ground for the exclusion is failure to possess the same license or certification as is possessed by the members of the group or combination. (Amended by Stats. 1987, Ch. 56, Sec. 12.)
  71. 1678.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    When any license is revoked, the board must note that fact in its records and mark the license canceled on the revocation date.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1678. Upon the revocation of any license, the fact shall be noted upon the records of the board and the license shall be marked as canceled upon the date of its revocation. (Amended by Stats. 1970, Ch. 122.)
  72. 1680.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    This section defines unprofessional conduct for licensed dentists and sets a reporting rule for certain patient deaths or hospital removals.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1680. Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following: (a) The obtaining of any fee by fraud or misrepresentation. (b) The employment directly or indirectly of any student or suspended or unlicensed dentist to practice dentistry as defined in this chapter. (c) The aiding or abetting of any unlicensed person to practice dentistry. (d) The aiding or abetting of a licensed person to practice dentistry unlawfully. (e) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dentistry. (f) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which the person is licensed to practice, in advertising or in any other manner indicating that the person is practicing or will practice dentistry, except that name as is specified in a valid permit issued pursuant to Section 1701.5. (g) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiograms, prescriptions, or other services or articles supplied to patients. (h) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public. (i) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651. (j) The employing or the making use of solicitors. (k) The advertising in violation of Section 651. (l) The advertising to guarantee any dental service, or to perform any dental operation painlessly. This subdivision shall not prohibit advertising permitted by Section 651. (m) The violation of any of the provisions of law regulating the procurement, dispensing, or administration of dangerous drugs, as defined in Chapter 9 (commencing with Section 4000) or controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code. (n) The violation of any of the provisions of this division. (o) The permitting of any person to operate dental radiographic equipment who has not met the requirements of Section 1656. (p) The clearly excessive prescribing or administering of drugs or treatment, or the clearly excessive use of diagnostic procedures, or the clearly excessive use of diagnostic or treatment facilities, as determined by the customary practice and standards of the dental profession. Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment. (q) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance. (r) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state. (s) The alteration of a patient’s record with intent to deceive. (t) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental profession. (u) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another dentist, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized. (v) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee. (w) Use of fraud in the procurement of any license issued pursuant to this chapter. (x) Any action or conduct that would have warranted the denial of the license. (y) The aiding or abetting of a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dentistry in a negligent or incompetent manner. (z) (1) The failure to report to the board in writing within seven days any of the following: (A) the death of the licensee’s patient during the performance of any dental or dental hygiene procedure; (B) the discovery of the death of a patient whose death is related to a dental or dental hygiene procedure performed by the licensee; or (C) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment of any patient to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, or any patient as a result of dental or dental hygiene treatment. With the exception of patients to whom oral conscious sedation, conscious sedation, or general anesthesia was administered, removal to a hospital or emergency center that is the normal or expected treatment for the underlying dental condition is not required to be reported. Upon receipt of a report pursuant to this subdivision the board may conduct an inspection of the dental office if the board finds that it is necessary. A dentist shall report to the board all deaths occurring in the licensee’s practice with a copy sent to the Dental Hygiene Board of California if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the Dental Hygiene Board of California all deaths occurring as the result of dental hygiene treatment, and a copy of the notification shall be sent to the board. (2) The report required by this subdivision shall be on a form or forms approved by the board. The form or forms approved by the board shall require the licensee to include, but not be limited to, the following information for cases in which patients received anesthesia: the date of the procedure; the patient’s age in years and months, weight, and sex; the patient’s American Society of Anesthesiologists (ASA) physical status; the patient’s primary diagnosis; the patient’s coexisting diagnoses; the procedures performed; the sedation setting; the medications used; the monitoring equipment used; the category of the provider responsible for sedation oversight; the category of the provider delivering sedation; the category of the provider monitoring the patient during sedation; whether the person supervising the sedation performed one or more of the procedures; the planned airway management; the planned depth of sedation; the complications that occurred; a description of what was unexpected about the airway management; whether there was transportation of the patient during sedation; the category of the provider conducting resuscitation measures; and the resuscitation equipment utilized. Disclosure of individually identifiable patient information shall be consistent with applicable law. A report required by this subdivision shall not be admissible in any action brought by a patient of the licensee providing the report. (3) For the purposes of paragraph (2), categories of provider are: General Dentist, Pediatric Dentist, Oral Surgeon, Dentist Anesthesiologist, Physician Anesthesiologist, Dental Assistant, Registered Dental Assistant, Dental Sedation Assistant, Registered Nurse, Certified Registered Nurse Anesthetist, or Other. (4) The form shall state that this information shall not be considered an admission of guilt, but is for educational, data, or investigative purposes. (5) The board may assess a penalty on any licensee who fails to report an instance of an adverse event as required by this subdivision. The licensee may dispute the failure to file within 10 days of receiving notice that the board had assessed a penalty against the licensee. (aa) Participating in or operating any group advertising and referral services that are in violation of Section 650.2. (ab) The failure to use a fail-safe machine with an appropriate exhaust system in the administration of nitrous oxide. The board shall, by regulation, define what constitutes a fail-safe machine. (ac) Engaging in the practice of dentistry with an expired license. (ad) Except for good cause, the knowing failure to protect patients by failing to follow infection control guidelines of the board, thereby risking transmission of bloodborne infectious diseases from dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to patient, from patient to patient, and from patient to dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. In administering this subdivision, the board shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other bloodborne pathogens in health care settings. The board shall review infection control guidelines, if necessary, on an annual basis and proposed changes shall be reviewed by the Dental Hygiene Board of California to establish a consensus. The hygiene board shall submit any recommended changes to the infection control guidelines for review to establish a consensus. As necessary, the board shall consult with the Medical Board of California, the California Board of Podiatric Medicine, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians, to encourage appropriate consistency in the implementation of this subdivision. The board shall seek to ensure that all appropriate dental personnel are informed of the responsibility to follow infection control guidelines, and of the most recent scientifically recognized safeguards for minimizing the risk of transmission of bloodborne infectious diseases. (ae) The utilization by a licensed dentist of any person to perform the functions of any registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who, at the time of initial employment, does not possess a current, valid license or permit to perform those functions. (af) The prescribing, dispensing, or furnishing of dangerous drugs or devices, as defined in Section 4022, in violation of Section 2242.1. (ag) Using water, or other methods used for irrigation, that are not sterile or that do not contain recognized disinfecting or antibacterial properties when performing dental procedures on exposed dental pulp. (ah) The failure by the treating dentist, prior to the initial diagnosis and correction of malpositions of human teeth or initial use of orthodontic appliances, to perform an examination pursuant to subdivision (b) of Section 1684.5, including the review of the patient’s most recent diagnostic digital or conventional radiographs or other equivalent bone imaging suitable for orthodontia. New radiographs or other equivalent bone imaging shall be ordered if deemed appropriate by the treating dentist. (Amended by Stats. 2019, Ch. 865, Sec. 42. (AB 1519) Effective January 1, 2020.)
  73. 16800.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. )

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    Two or more persons or corporations may not combine or agree to do anything that prevents someone from buying livestock anywhere in this state.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. ) ## 16800. It is unlawful for any two or more persons, or corporations, to combine or agree together to do any act which will, in any respect, prevent any person from buying livestock at any place in this State. (Added by Stats. 1953, Ch. 67.)
  74. 16801.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. )

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    Corporations and their officials may not adopt or enforce rules that stop connected persons from buying livestock in California markets.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. ) ## 16801. It is unlawful for any corporation organized under the laws of this State, or the board of directors, trustees, stockholders, agents, or officers of any corporation, to pass or enforce any rule, by-law, or regulation whereby any officer, stockholder, member, shareholder, agent, servant thereof, or any other person in any way interested in or connected with such corporation shall in any respect be prohibited, prevented, or enjoined from buying livestock in any market in this State where livestock is brought to be sold. Every such rule, regulation, or by-law is declared to be contrary to the public policy of this State, and is unlawful and void. Any person who attempts, directly or indirectly, to enforce any such rule, regulation, or by-law, is guilty of a misdemeanor and subject to the penalties prescribed in this chapter. (Added by Stats. 1953, Ch. 67.)
  75. 16802.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. )

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    The section bans trusts, combinations, or conspiracies that stop people or corporations from choosing their own livestock commission rates, and it makes certain minimum-commission rules unlawful.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. ) ## 16802. No trust, combination, or conspiracy shall be organized or exist in this State to prevent any person or corporation from selling livestock on commission at such rate as the person or corporation may see fit to charge. Any rule, regulation, by-law, or agreement of any corporation, association, society, or combination of persons, whereby any such parties are required to charge not less than a given sum for commissions, or whereby any person or commission merchant is, in any respect, restrained from charging less than a certain fixed sum for his services as such commission merchant in the sale of livestock, is declared to be contrary to the public policy of this State, and is unlawful. Any person who enters into any such trust, combination, or conspiracy, or who enforces or aids, abets, assists, or encourages the enforcement of any such rule, regulation, by-law, or agreement, is liable to the penalties prescribed in this chapter. (Added by Stats. 1953, Ch. 67.)
  76. 16803.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. )

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    A person may not join or help a combination that blocks free livestock sales, forces minimum service charges, or interferes with agreed commissions; doing so is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. ) ## 16803. Any person who, directly or indirectly, is a party to any combination, conspiracy, or association, which attempts, directly or indirectly, to prevent any other person from freely selling livestock at any market in this State for such persons as see fit to engage his services, or who endeavors to compel, directly or indirectly, any person to charge not less than a fixed minimum sum for services in the sale of livestock, or who, in any way, hinders or prevents any person from lawfully selling livestock for another for such rate of commission as may be agreed upon is guilty of a misdemeanor, and subject to the penalties prescribed in this chapter. (Added by Stats. 1953, Ch. 67.)
  77. 16804.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. )

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    Violating any provision of this chapter is a misdemeanor, with criminal fines, jail time, or both, and civil liability for damages to an injured person.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 2.5. Combinations to Obstruct Sales of Livestock [16800 - 16804] ( Chapter 2.5 added by Stats. 1953, Ch. 67. ) ## 16804. A violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or both. A person violating any provision of this chapter shall be liable, in civil action, to any person aggrieved thereby, for the full amount of damages sustained by reason of the violation. (Added by Stats. 1953, Ch. 67.)
  78. 1681.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Licensed persons under this chapter commit unprofessional conduct if they misuse controlled substances, dangerous drugs, alcohol, or other intoxicating substances, or if they have certain qualifying convictions; the board may suspend, revoke, or refuse a license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1681. In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) Obtain or possess in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist, administer to himself, any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4211) of Chapter 9. (b) Use any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4211) of Chapter 9, or alcoholic beverages or other intoxicating substances, to an extent or in a manner dangerous or injurious to himself, to any person, or the public to the extent that such use impairs his ability to conduct with safety to the public the practice authorized by his license. (c) The conviction of a charge of violating any federal statute or rules, or any statute or rule of this state, regulating controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Article 8 (commencing with Section 4211) of Chapter 9, or the conviction of more than one misdemeanor, or any felony, involving the use or consumption of alcohol or drugs, if the conviction is substantially related to the practice authorized by his license. The record of conviction or certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of a violation of this section; a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section; the board may order the license suspended or revoked, or may decline to issue a license, 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 imposition of sentence, irrespective of a subsequent order under any provision of the Penal Code, including, but not limited to, 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. (Added by Stats. 1979, Ch. 1007.)
  79. 1682.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Dentists may not exceed the stated patient-monitoring and consent rules when providing moderate sedation, deep sedation, or general anesthesia.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1682. In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for: (a) Any dentist performing dental procedures to have more than one patient undergoing moderate sedation, deep sedation, or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer moderate sedation, deep sedation, or general anesthesia. (b) Any dentist with patients recovering from moderate sedation, deep sedation, or general anesthesia to fail to have the patients closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from moderate sedation, deep sedation, or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed three to one. (c) Any dentist with patients who are undergoing deep sedation, general anesthesia, or moderate sedation to fail to have these patients continuously monitored during the dental procedure with a pulse oximeter or similar or superior monitoring equipment and ventilation continuously monitored using at least two of the three following methods: (1) Auscultation of breath sounds using a precordial stethoscope. (2) Monitoring for the presence of exhaled carbon dioxide with capnography. (3) Verbal communication with a patient under moderate sedation. This method shall not be used for a patient under deep sedation or general anesthesia. (d) Any dentist with patients who are undergoing moderate sedation to have dental office personnel directly involved with the care of those patients who are not certified in basic cardiac life support (CPR) and recertified biennially. (e) (1) Any dentist to fail to obtain the written informed consent of a patient prior to administering moderate sedation, deep sedation, or general anesthesia. In the case of a minor, the consent shall be obtained from the child’s parent or guardian. (2) The written informed consent for general anesthesia, in the case of a minor, shall include, but not be limited to, the following information: “The administration and monitoring of deep sedation or general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for their dental treatment, and consult with your dentist, family physician, or pediatrician as needed.” (3) Nothing in this subdivision shall be construed to establish the reasonable standard of care for administering or monitoring adult oral conscious sedation, pediatric minimal sedation, moderate sedation, deep sedation, or general anesthesia. (Amended by Stats. 2024, Ch. 483, Sec. 34. (SB 1453) Effective January 1, 2025.)
  80. 1683.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Covered dental clinicians must identify themselves in the patient record and date treatment entries; dental office owners, operators, or managers must ensure compliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1683. (a) Every dentist, dental health professional, or other licensed health professional who performs a service on a patient in a dental office shall identify himself or herself in the patient record by signing his or her name, or an identification number and initials, next to the service performed and shall date those treatment entries in the record. Any person licensed under this chapter who owns, operates, or manages a dental office shall ensure compliance with this requirement. (b) Repeated violations of this section constitutes unprofessional conduct. (Added by Stats. 1991, Ch. 596, Sec. 1.)
  81. 1683.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Telehealth dental service providers must disclose certain dentist contact and license details before services are provided and again when a patient asks.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1683.1. (a) Any individual, partnership, corporation, or other entity that provides dental services through telehealth shall make available the name, telephone number, practice address, and California state license number of any dentist who will be involved in the provision of services to a patient prior to the rendering of services and when requested by a patient. (b) A violation of this section shall constitute unprofessional conduct. (Added by Stats. 2019, Ch. 865, Sec. 43. (AB 1519) Effective January 1, 2020.)
  82. 1683.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    A provider of dental services must not require a patient to sign an agreement that limits the patient’s ability to file a complaint with the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1683.2. A provider of dental services shall not require a patient to sign an agreement that limits the patient’s ability to file a complaint with the board. (Added by Stats. 2019, Ch. 865, Sec. 44. (AB 1519) Effective January 1, 2020.)
  83. 1684.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    A licensed person under this chapter must not perform or claim to perform dental services beyond their license and competence, and must not use instruments or devices contrary to customary dental standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1684. In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to perform, or hold himself or herself out as able to perform, professional services beyond the scope of his or her license and field or fields of competence as established by his or her education, experience, training, or any combination thereof. This includes, but is not limited to, the use of any instrument or device in a manner that is not in accordance with the customary standards and practices of the dental profession. This section shall not apply to research conducted by accredited dental schools or colleges, or to research conducted pursuant to an investigational device exemption issued by the United States Food and Drug Administration. (Added by Stats. 1994, Ch. 365, Sec. 1. Effective January 1, 1995.)
  84. 1684.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Licensees and health care facilities must provide patient dental records to the board when properly requested, and can face daily civil penalties, misdemeanors, fines, or license discipline for noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1684.1. (a) (1) A licensee who fails or refuses to comply with a request for the dental records of a patient, that is accompanied by written authorization of the patient or the patient’s representative, as defined in subdivision (e) of Section 123105 of the Health and Safety Code, for release of record to the board, within 15 days of receiving the request and authorization, shall pay to the board a civil penalty of two hundred fifty dollars ($250) per day for each day that the documents have not been produced after the 15th day, up to a maximum of five thousand dollars ($5,000) unless the licensee is unable to provide the documents within this time period for good cause. (2) A health care facility shall comply with a request for the dental records of a patient that is accompanied by that patient’s written authorization for release of records to the board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the patient’s dental records to the board within 30 days of receiving this request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to two hundred fifty dollars ($250) per day for each day that the documents have not been produced after the 30th day, up to a maximum of five thousand dollars ($5,000), unless the health care facility is unable to provide the documents within this time period for good cause. This paragraph shall not require health care facilities to assist the board in obtaining the patient’s authorization. The board shall pay the reasonable cost of copying the dental records. (b) (1) A licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the date by which the court order requires the documents to be produced, unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (2) Any licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). The fine shall be added to the licensee’s renewal fee if it is not paid by the next succeeding renewal date. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (3) A health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of patient records to the board, that is accompanied by a notice citing this section and describing the penalties for failure to comply with this section, shall pay to the board a civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced, up to ten thousand dollars ($10,000), after the date by which the court order requires the documents to be produced, unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. (4) Any health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. (c) Multiple acts by a licensee in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Multiple acts by a health care facility in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) and shall be reported to the State Department of Health Care Services and shall be considered as grounds for disciplinary action with respect to licensure, including suspension or revocation of the license or certificate. (d) A failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board constitutes unprofessional conduct and is grounds for suspension or revocation of the licensee’s license. (e) Imposition of the civil penalties authorized by this section shall be in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code). (f) For the purposes of this section, a “health care facility” means a clinic or health care facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (Amended by Stats. 2024, Ch. 483, Sec. 35. (SB 1453) Effective January 1, 2025.)
  85. 1684.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    A dentist must not treat a patient who is not that dentist’s patient of record, may direct dental auxiliaries to do certain diagnostic or pre-examination tasks if allowed by their scope, must notify the patient when care is provided at another location, and may not supervise more than five specified auxiliaries at once.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1684.5. (a) In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for any dentist to perform or allow to be performed any treatment on a patient who is not a patient of record of that dentist. A dentist may, however, after conducting a preliminary oral examination, require or permit any dental auxiliary to perform procedures necessary for diagnostic purposes, provided that the procedures are permitted under the auxiliary’s authorized scope of practice. Additionally, a dentist may require or permit a dental auxiliary to perform all of the following duties prior to any examination of the patient by the dentist, provided that the duties are authorized for the particular classification of dental auxiliary pursuant to Article 7 (commencing with Section 1740): (1) Expose emergency radiographs upon direction of the dentist. (2) If the dental auxiliary is a registered dental assistant in extended functions, a registered dental hygienist, or a registered dental hygienist in alternative practice, determine and perform radiographs for the specific purpose of aiding a dentist in completing a comprehensive diagnosis and treatment plan for a patient using telehealth, as defined by Section 2290.5, for the purpose of communication with the supervising dentist pursuant to Sections 1753.55, 1910.5, and 1926.05. A dentist is not required to review patient records or make a diagnosis using telehealth. (3) Perform extra-oral duties or functions specified by the dentist. (4) Perform mouth-mirror inspections of the oral cavity, to include charting of obvious lesions, malocclusions, existing restorations, and missing teeth. (b) For purposes of this section, “patient of record” refers to a patient who has been examined, has had a medical and dental history completed and evaluated, and has had oral conditions diagnosed and a written plan developed by the licensed dentist. (c) For purposes of this section, if dental treatment is provided to a patient by a registered dental assistant in extended functions, a registered dental hygienist, or a registered dental hygienist in alternative practice pursuant to the diagnosis and treatment plan authorized by a supervising dentist, at a location other than the dentist’s practice location, it is the responsibility of the authorizing dentist that the patient or the patient’s representative receive written notification that the care was provided at the direction of the authorizing dentist and that the notification include the authorizing dentist’s name, practice location address, and telephone number. This provision shall not require patient notification for dental hygiene preventive services provided in public health programs as specified and authorized in Section 1911, or for dental hygiene care when provided as specified and authorized in Section 1926. (d) A dentist shall not concurrently supervise more than a total of five registered dental assistants in extended functions, registered dental hygienists, or registered dental hygienists in alternative practice providing services pursuant to Sections 1753.55, 1910.5, and 1926.05. (e) This section shall not apply to dentists providing examinations on a temporary basis outside of a dental office in settings including, but not limited to, health fairs and school screenings. (f) This section shall not apply to fluoride mouth rinse or supplement programs administered in a school or preschool setting. (Amended by Stats. 2014, Ch. 662, Sec. 1. (AB 1174) Effective January 1, 2015.)
  86. 1685.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    A licensed person under this chapter must not require or knowingly allow dental care that discourages necessary treatment or allows clearly excessive, incompetent, grossly negligent, repeated negligent, or unnecessary treatment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1685. In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to require, either directly or through an office policy, or knowingly permit the delivery of dental care that discourages necessary treatment or permits clearly excessive treatment, incompetent treatment, grossly negligent treatment, repeated negligent acts, or unnecessary treatment, as determined by the standard of practice in the community. (Added by Stats. 1993, Ch. 464, Sec. 2. Effective January 1, 1994.)
  87. 1686.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    Certain disciplined licensees may petition the board for reinstatement or penalty modification only after waiting periods are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1686. A person whose license, certificate, or permit has been revoked or suspended, who has been placed on probation, or whose license, certificate, or permit was surrendered pursuant to a stipulated settlement as a condition to avoid a disciplinary administrative hearing, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods have elapsed from the effective date of the decision ordering disciplinary action: (a) At least three years for reinstatement of a license revoked for unprofessional conduct or surrendered pursuant to a stipulated settlement as a condition to avoid an administrative disciplinary hearing. (b) At least two years for early termination, or modification of a condition, of a probation of three years or more. (c) At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination, or modification of a condition, of a probation of less than three years. The petition shall state any fact required by the board. The petition may be heard by the board, or the board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. In considering reinstatement or modification of penalty, the board or the administrative law judge hearing the petition may consider (1) all activities of the petitioner since the disciplinary action was taken, (2) the offense for which the petitioner was disciplined, (3) the petitioner’s activities during the time the license, certificate, or permit was in good standing, and (4) the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the board or the administrative law judge as designated in Section 11371 of the Government Code finds necessary. The board or the administrative law judge may impose necessary terms and conditions on the licentiate in reinstating a license, certificate, or permit or modifying a penalty. A petition under this section shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. A petition shall not be considered while there is an accusation or petition to revoke probation pending against the person. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. This section shall not be deemed to alter Sections 822 and 823. (Amended by Stats. 2019, Ch. 497, Sec. 1. (AB 991) Effective January 1, 2020.)
  88. 1687.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. )

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    The board must deny licensure, revoke an existing license, and not reinstate or reissue licensure for certain individuals who must register as sex offenders, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4. Suspension and Revocation of Licenses [1670 - 1687] ( Article 4 added by Stats. 1937, Ch. 415. ) ## 1687. (a) Notwithstanding any other provision of law, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, under military law, or under federal law, the board shall be subject to the following requirements: (1) The board shall deny an application by the individual for licensure pursuant to this chapter. (2) If the individual is licensed under this chapter, the board shall revoke the license of the individual. The board shall not stay the revocation and place the license on probation. (3) The board shall not reinstate or reissue the individual’s licensure under this chapter. The board shall not issue a stay of license denial and place the license on probation. (b) This section shall not apply to any of the following: (1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that requires his or her registration as a sex offender. (2) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. However, nothing in this paragraph shall prohibit the board from exercising its discretion to discipline a licensee under other provisions of state law based upon the licensee’s conviction under Section 314 of the Penal Code. (3) Any administrative adjudication proceeding under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that is fully adjudicated prior to January 1, 2008. A petition for reinstatement of a revoked or surrendered license shall be considered a new proceeding for purposes of this paragraph, and the prohibition against reinstating a license to an individual who is required to register as a sex offender shall be applicable. (Amended by Stats. 2008, Ch. 517, Sec. 1. Effective January 1, 2009.)
  89. 1695.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    The Dental Board of California is to help create a diversion program as a voluntary alternative to traditional discipline.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695. It is the intent of the Legislature that the Dental Board of California seek ways and means to identify and rehabilitate licentiates whose competency may be impaired due to abuse of dangerous drugs or alcohol, so that licentiates so afflicted may be treated and returned to the practice of dentistry in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the Dental Board of California shall implement this legislation in part by establishing a diversion program as a voluntary alternative approach to traditional disciplinary actions. (Amended by Stats. 2015, Ch. 426, Sec. 11. (SB 800) Effective January 1, 2016.)
  90. 1695.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    This section defines “Board,” “Committee,” and “Program manager,” and says the program manager must have background experience dealing with substance abuse issues.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.1. As used in this article: (a) “Board” means the Dental Board of California. (b) “Committee” means a diversion evaluation committee created by this article. (c) “Program manager” means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues. (Amended by Stats. 2015, Ch. 426, Sec. 12. (SB 800) Effective January 1, 2016.)
  91. 1695.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    The board must set selection criteria for the diversion evaluation committee, and board members may not serve on any committee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.2. One or more diversion evaluation committees is hereby created in the state to be established by the board. The board shall establish criteria for the selection of the committee. No board member shall serve on any committee. (Added by Stats. 1982, Ch. 1261, Sec. 1.)
  92. 1695.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    Each committee member is entitled to per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.3. Each member of a committee shall receive per diem and expenses as provided in Section 103. (Added by Stats. 1982, Ch. 1261, Sec. 1.)
  93. 1695.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    The board must administer the provisions of this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.4. The board shall administer the provisions of this article. (Added by Stats. 1982, Ch. 1261, Sec. 1.)
  94. 1695.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

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    This section sets rules for who may enter a dental diversion program, what the board must do, and what happens if a participant is withdrawn, terminated, or tests positive for a banned substance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.5. (a) The board shall establish criteria for the acceptance, denial, or termination of licentiates in a diversion program. Unless ordered by the board as a condition of licentiate disciplinary probation, only those licentiates who have voluntarily requested diversion treatment and supervision by a committee shall participate in a diversion program. (b) A licentiate who is not the subject of a current investigation may self-refer to the diversion program on a confidential basis, except as provided in subdivision (f). (c) A licentiate under current investigation by the board may also request entry into the diversion program by contacting the board’s Diversion Program Manager. The Diversion Program Manager may refer the licentiate requesting participation in the program to a diversion evaluation committee for evaluation of eligibility. Prior to authorizing a licentiate to enter into the diversion program, the Diversion Program Manager may require the licentiate, while under current investigation for any violations of the Dental Practice Act or other violations, to execute a statement of understanding that states that the licentiate understands that his or her violations of the Dental Practice Act or other statutes that would otherwise be the basis for discipline, may still be investigated and the subject of disciplinary action. (d) If the reasons for a current investigation of a licentiate are based primarily on the self-administration of any controlled substance or dangerous drugs or alcohol under Section 1681, or the illegal possession, prescription, or nonviolent procurement of any controlled substance or dangerous drugs for self-administration that does not involve actual, direct harm to the public, the board shall close the investigation without further action if the licentiate is accepted into the board’s diversion program and successfully completes the requirements of the program. If the licentiate withdraws or is terminated from the program by a diversion evaluation committee, and the termination is approved by the program manager, the investigation shall be reopened and disciplinary action imposed, if warranted, as determined by the board. (e) Neither acceptance nor participation in the diversion program shall preclude the board from investigating or continuing to investigate, or taking disciplinary action or continuing to take disciplinary action against, any licentiate for any unprofessional conduct committed before, during, or after participation in the diversion program. (f) If a licentiate withdraws or is terminated from the diversion program for failure to comply or is determined to be a threat to the public or his or her own health and safety, all diversion records for that licentiate shall be provided to the board’s enforcement program and may be used in any disciplinary proceeding. If a licentiate in a diversion program tests positive for any banned substance, the board’s diversion program manager shall immediately notify the board’s enforcement program and provide the documentation evidencing the positive test result to the enforcement program. This documentation may be used in a disciplinary proceeding. (g) Any licentiate terminated from the diversion program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the diversion program. A licentiate who has been under investigation by the board and has been terminated from the diversion program by a diversion evaluation committee shall be reported by the diversion evaluation committee to the board. (Amended by Stats. 2011, Ch. 385, Sec. 11. (SB 540) Effective January 1, 2012.)
  95. 1695.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

    Verify source ↗

    A committee in the diversion program works under the program manager’s direction, and the manager is mainly responsible for reviewing the committee’s recommendations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1695.6. A committee created under this article operates under the direction of the program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities: (a) To evaluate those licentiates who request to participate in the diversion program according to the guidelines prescribed by the board and to make recommendations. In making the recommendations, a committee shall consider the recommendations of any licentiates designated by the board to serve as consultants on the admission of the licentiate to the diversion program. (b) To review and designate those treatment facilities to which licentiates in a diversion program may be referred. (c) To receive and review information concerning a licentiate participating in the program. (d) To consider in the case of each licentiate participating in a program whether he or she may with safety continue or resume the practice of dentistry. (e) To perform such other related duties, under the direction of the board or program manager, as the board may by regulation require. (Amended by Stats. 2008, Ch. 548, Sec. 6. Effective January 1, 2009.)
  96. 1696.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

    Verify source ↗

    A committee may hold a closed session to consider reports about a licentiate requesting or participating in a diversion program, but only as far 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 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1696. 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, a committee may convene in closed session to consider reports pertaining to any licentiate requesting or participating in a diversion program. A committee shall only convene in closed session to the extent that it is necessary to protect the privacy of such a licentiate. (Amended by Stats. 1993, Ch. 589, Sec. 2. Effective January 1, 1994.)
  97. 1697.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

    Verify source ↗

    A licentiate who asks to join a diversion program must cooperate with the treatment program and pay all related costs unless the board waives the cost.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1697. Each licentiate who requests participation in a diversion program shall agree to cooperate with the treatment program designed by the committee and approved by the program manager and to bear all costs related to the program, unless the cost is waived by the board. Any failure to comply with the provisions of a treatment program may result in termination of the licentiate’s participation in a program. (Amended by Stats. 2008, Ch. 548, Sec. 7. Effective January 1, 2009.)
  98. 1698.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

    Verify source ↗

    After rehabilitation is determined and the diversion program is completed, the committee must purge and destroy participation records. Board and committee records about a licentiate’s treatment in the program must be kept confidential and are not subject to discovery or subpoena, except as authorized by Section 1695.5(f).

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1698. (a) After the committee and the program manager in their discretion have determined that a licentiate has been rehabilitated and the diversion program is completed, the committee shall purge and destroy all records pertaining to the licentiate’s participation in a diversion program. (b) Except as authorized by subdivision (f) of Section 1695.5, all board and committee records and records of proceedings pertaining to the treatment of a licentiate in a program shall be kept confidential and are not subject to discovery or subpoena. (Amended by Stats. 2008, Ch. 548, Sec. 8. Effective January 1, 2009.)
  99. 1699.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. )

    Verify source ↗

    The board must provide legal representation for people who make reports to a committee or the board under this article when they are sued for defamation over those reports or related information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 4.7. Diversion Program [1695 - 1699] ( Article 4.7 added by Stats. 1982, Ch. 1261, Sec. 1. ) ## 1699. The board shall provide for the representation of any person making reports to a committee or the board under this article in any action for defamation for reports or information given to the committee or the board regarding a licentiate’s participation in the diversion program. (Added by Stats. 1982, Ch. 1261, Sec. 1.)
  100. 17.

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

    Verify source ↗

    “County” includes city and county.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 17. “County” includes city and county. (Enacted by Stats. 1937, Ch. 399.)
  101. 1700.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Section 1700 makes certain conduct related to dentistry a misdemeanor and sets jail and fine penalties.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1700. Any person, company, or association is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500), or by both fine and imprisonment, who: (a) Assumes the degree of “doctor of dental surgery,” “doctor of dental science,” or “doctor of dental medicine” or appends the letters “D.D.S.,” or “D.D.Sc.” or “D.M.D.” to their name without having had the right to assume the title conferred upon them by diploma from a recognized dental college or school legally empowered to confer the same. (b) Assumes any title, or appends any letters to their name, with the intent to represent falsely that they have received a dental degree or license. (c) Engages in the practice of dentistry without causing to be displayed in an area that is likely to be seen by all patients who use the facility, the original or copy of the current license, permit, or registration of each person employed at the facility to practice dentistry. (d) Within 10 days after demand is made by the executive officer of the board, fails to furnish to the board the name and address of all persons practicing or assisting in the practice of dentistry in the office of the person, company, or association, at any time within 60 days prior to the demand, together with a sworn statement showing under and by what license or authority this person, company, or association and any employees are or have been practicing dentistry. This sworn statement shall not be used in any prosecution under this section. (e) Is under the influence of alcohol or a controlled substance while engaged in the practice of dentistry in actual attendance on patients to an extent that impairs their ability to conduct the practice of dentistry with safety to patients and the public. (Amended by Stats. 2024, Ch. 483, Sec. 36. (SB 1453) Effective January 1, 2025.)
  102. 1700.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    A dentist with a valid, unrevoked, and unsuspended certificate may use the letters “D.D.S.” after their name, even if their dental school degree was different.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1700.5. Notwithstanding Section 1700, any person who holds a valid, unrevoked, and unsuspended certificate as a dentist under this chapter may append the letters “D.D.S.” to his or her name, regardless of the degree conferred upon him or her by the dental college from which the licensee graduated. (Added by Stats. 1997, Ch. 792, Sec. 7. Effective January 1, 1998.)
  103. 17000.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This chapter may be cited as the Unfair Practices Act.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 17000. This chapter may be cited as the Unfair Practices Act. (Added by Stats. 1941, Ch. 526.)
  104. 17001.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section states the chapter’s purpose: to protect the public from monopolies and promote competition by prohibiting unfair and deceptive practices.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 17001. The Legislature declares that the purpose of this chapter is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition, by prohibiting unfair, dishonest, deceptive, destructive, fraudulent and discriminatory practices by which fair and honest competition is destroyed or prevented. (Added by Stats. 1941, Ch. 526.)
  105. 17002.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This chapter must be interpreted liberally so its beneficial purposes can be achieved.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 1. General Provisions [17000 - 17002] ( Article 1 added by Stats. 1941, Ch. 526. ) ## 17002. This chapter shall be liberally construed that its beneficial purposes may be subserved. (Added by Stats. 1941, Ch. 526.)
  106. 1701.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    A person who traffics in dental credentials, falsifies related documents, practices dentistry without a license, or uses an unauthorized name can be convicted and punished.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1701. (a) Any person is for the first offense guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) or more than three thousand dollars ($3,000), or by imprisonment in a county jail for not to exceed six months, or both, and for the second or a subsequent offense is guilty of a felony and upon conviction thereof shall be punished by a fine of not less than two thousand dollars ($2,000) nor more than six thousand dollars ($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both such fine and imprisonment, who: (1) Sells or barters or offers to sell or barter any dental degree or any license or transcript made or purporting to be made pursuant to the laws regulating the license and registration of dentists. (2) Purchases or procures by barter any such diploma, license or transcript with intent that the same shall be used in evidence of the holder’s qualification to practice dentistry, or in fraud of the laws regulating such practice. (3) With fraudulent intent, makes or attempts to make, counterfeits or alters in a material regard any such diploma, certificate or transcript. (4) Uses, attempts or causes to be used, any such diploma, certificate or transcript that has been purchased, fraudulently issued, counterfeited or materially altered, either as a license to practice dentistry, or in order to procure registration as a dentist. (5) In an affidavit, required of an applicant for examination, license or registration under this chapter, willfully makes a false statement in a material regard. (6) Practices dentistry or offers to practice dentistry as it is defined in this chapter, either without a license, or when the license has been revoked or suspended. (7) Under any false, assumed or fictitious name, either as an individual, firm, corporation or otherwise, or any name other than the name under which the license is issued, the licensee practices, advertises or in any other manner indicates that the licensee is practicing or will practice dentistry, except such name as is specified in a valid permit issued pursuant to Section 1701.5. (b) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivision (a). (Amended by Stats. 2024, Ch. 483, Sec. 37. (SB 1453) Effective January 1, 2025.)
  107. 1701.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    People who willfully practice or hold themselves out as practicing dentistry without the required authorization, in risky circumstances, commit a public offense; accomplices are also liable, and the board may post related administrative citations online.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1701.1. (a) Notwithstanding Sections 1700 and 1701, a person who willfully, under circumstances or conditions that cause or create risk of bodily harm, serious physical or mental illness, or death, practices or attempts to practice, or advertises or holds themselves out as practicing dentistry without having at the time of so doing a valid, unrevoked, and unsuspended certificate, license, registration, or permit as provided in this chapter, or without being authorized to perform that act pursuant to a certificate, license, registration, or permit obtained in accordance with some other provision of law, is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment. (b) A person who conspires with or aids and abets another to commit any act described in subdivision (a) is guilty of a public offense and subject to the punishment described in subdivision (a). (c) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivisions (a) and (b). (d) The remedy provided in this section shall not preclude any other remedy provided by law. (Amended by Stats. 2024, Ch. 483, Sec. 38. (SB 1453) Effective January 1, 2025.)
  108. 1701.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Dentists and certain dental businesses may use a fictitious name only if they keep a current board permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1701.5. (a) Any dentist who as a sole proprietor, dentists who are organized as an association, partnership, or group, or a dental corporation that desires to practice under any name that would otherwise be in violation of Section 1701 may practice under this name if the dentist, association, partnership, group, or dental corporation obtains and maintains in current status a fictitious name permit issued by the board under this section. (b) To obtain or renew a fictitious name permit, the dentist, association, partnership, group, or dental corporation shall apply to the board on an application form prescribed by the board and provide all of the following information: (1) The names, license numbers, and contact information for each applicant engaging in practice under the fictitious name. (2) The address of the place or establishment, or the portion thereof, where the applicant or applicants practice under the fictitious name. (3) Evidence that the place or establishment, or the portion thereof, identified in paragraph (2) is owned or leased by the applicant or applicants, and the practice conducted at the place or establishment, or portion thereof, is wholly owned and entirely controlled by the applicant or applicants. (4) The fictitious name under which the applicant or applicants propose to engage in dental practice that contains at least one of the following designations: “dental group,” “dental practice,” “dental office,” or “dental corporation,” as applicable pursuant to Section 1804, and is in conformity with Section 651 and subdivisions (i) and (l) of Section 1680. (c) All applicants shall hold an active license that is not subject to any pending license enforcement action. (d) Initial permit application and renewal fees shall be submitted to the board in accordance with Section 1724.5. (e) A permit issued under this section by the board shall be issued for a two-year term. (f) Any permit issued under this section may be revoked or suspended at any time that the board finds that any one of the requirements for original issuance of a permit is no longer being fulfilled by the holder to whom the permit was issued. Proceedings for revocation or suspension shall be governed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (g) A fictitious name permit issued to a dentist as the sole proprietor shall be suspended or revoked in the event the dentist’s license to practice dentistry is suspended or revoked. (h) In the event charges of unprofessional conduct are filed against a member of an association, or partnership, group, or dental corporation to whom a permit has been issued under this section, proceedings shall not be commenced for revocation or suspension of the permit issued under this section until final determination of the charges of unprofessional conduct and unless the charges have resulted in revocation or suspension of the member’s license, registration, or permit. (i) Any departures of dentists engaged in practice under the fictitious name shall be reported by the departing dentist to the board within 30 days of such departure. If a departing dentist is the dentist whose family name was used in the fictitious name, the departing dentist shall be removed as a permitholder, as applicable, and the remaining permitholders shall apply to the board to change the fictitious name to remove only the family name of the departing dentist. (j) If an additional dentist desires to engage in practice under the fictitious name, the fictitious name permit shall be canceled and a new fictitious name permit application shall be submitted to the board. (Repealed and added by Stats. 2024, Ch. 483, Sec. 40. (SB 1453) Effective January 1, 2025.)
  109. 1702.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Reputable dental colleges in the state, if approved by the board, may confer degrees and award diplomas.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1702. Nothing in this article shall prohibit the conferring of degrees and the bestowing of diplomas by reputable dental colleges of this State which have been approved by the board. (Added by Stats. 1937, Ch. 415.)
  110. 17020.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    The definitions in this article must be used when interpreting this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17020. The definitions in this article shall be used in construing this chapter. (Added by Stats. 1941, Ch. 526.)
  111. 17021.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “person” broadly to include individuals and several types of business and public entities.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17021. “Person” includes any person, firm, association, organization, partnership, business trust, company, corporation or municipal or other public corporation. (Added by Stats. 1941, Ch. 526.)
  112. 17022.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “sell” to include selling, offering for sale, and advertising for sale.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17022. “Sell” includes selling, offering for sale or advertising for sale. (Added by Stats. 1941, Ch. 526.)
  113. 17023.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    “Give” includes giving, offering to give, or advertising an intent to give.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17023. “Give” includes giving, offering to give or advertising the intent to give. (Added by Stats. 1941, Ch. 526.)
  114. 17024.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “article or product” broadly, but excludes motion picture films licensed for exhibition to motion picture houses. It also says this chapter does not apply to certain utility-related services and products.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17024. “Article or product” includes any article, product, commodity, thing of value, service or output of a service trade. Motion picture films when licensed for exhibition to motion picture houses are not articles or products under this chapter. Nothing in this chapter applies: (1) To any service, article or product for which rates are established under the jurisdiction of the Public Utilities Commission of this State and sold or furnished by any public utility corporation, or installation and repair services rendered in connection with any services, articles or products. (2) To any service, article or product sold or furnished by a publicly owned public utility and upon which the rates would have been established under the jurisdiction of the Public Utilities Commission of this State if such service, article or product had been sold or furnished by a public utility corporation, or installation and repair services rendered in connection with any services, articles or products. (Amended by Stats. 1959, Ch. 1638.)
  115. 17025.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “vendor” to include a person who works on, renovates, alters, or improves another person’s personal property.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17025. “Vendor” includes any person who performs work upon, renovates, alters or improves any personal property belonging to another person. (Added by Stats. 1941, Ch. 526.)
  116. 17026.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines how “cost” is calculated for production, distribution, and warranty service agreements, and says cash-payment discounts cannot be used to reduce costs.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17026. “Cost” as applied to production includes the cost of raw materials, labor and all overhead expenses of the producer. “Cost” as applied to distribution means the invoice or replacement cost, whichever is lower, of the article or product to the distributor and vendor, plus the cost of doing business by the distributor and vendor and in the absence of proof of cost of doing business a markup of 6 percent on such invoice or replacement cost shall be prima facie proof of such cost of doing business. “Cost” as applied to warranty service agreements includes the cost of parts, transporting the parts, labor, and all overhead expenses of the service agency. Discounts granted for cash payments shall not be used to reduce costs. (Amended by Stats. 1977, Ch. 787.)
  117. 17026.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section limits how retailers and providers of cellular telephones may price and sell phones, requires a posted disclosure sign in retail locations, bars refusal of sale based solely on a customer’s choice not to activate service, and lets the Public Utilities Commission adopt implementing rules.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17026.1. (a) (1) Notwithstanding the provisions of Section 17026, commissions or rebates regularly earned by the retailers of cellular telephones may be used to reduce cost, provided, that in no event shall the reduction exceed the greater of the following: (A) Ten percent of cost, as defined in Section 17026. (B) Twenty dollars ($20). (2) Consistent with the provisions of subdivision (d) of Section 17050, providers of cellular services shall be permitted to sell cellular telephones below cost, provided that sales below cost are a good faith endeavor to meet the legal market prices of competitors in the same locality or trade area. (b) In each retail location, all retailers of cellular telephones shall post a large conspicuous sign, in lettering no smaller than 36-point type, that states the following: “Activation of any cellular telephone is not required and the advertised price of any cellular telephone is not contingent upon activation, acceptance, or denial of cellular service by any cellular provider.” The sign shall be prominently displayed and visible to consumers and located in that area in each retail location where cellular telephones are displayed and purchased. (c) No retailer of cellular telephones shall refuse to sell a cellular telephone to any customer solely on the basis of the customer’s refusal to activate the telephone with the provider of cellular service for whom the retailer is an agent. Nothing herein shall preclude a retailer from limiting the number of cellular telephones that he or she is otherwise required under this subdivision to sell to any single customer. The intent of this subdivision is to reaffirm the Legislature’s support for the Public Utilities Commission’s policy that makes illegal the act, or practice, of “bundling,” as defined and described in relevant decisions and orders of the commission. (d) The Public Utilities Commission may adopt rules and regulations to fully implement and enforce the provisions of this section. (e) Nothing in this section shall be interpreted to reduce, alter, or otherwise modify the authority of the California Public Utilities Commission to regulate, in any manner, or prohibit, the payment of commissions or rebates to distributors or vendors of cellular telephones. The provisions of this section shall be effective only to the extent that they do not conflict with any applicable regulations, rules, or orders promulgated or issued by the Public Utilities Commission. (f) This section shall become operative on January 1, 1994. (Added by Stats. 1992, Ch. 542, Sec. 1. Effective January 1, 1993. Section operative January 1, 1994, by its own provisions.)
  118. 17026.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Cigarette manufacturers may use regular, non-discriminatory term discounts for cash payment to reduce cost, but this section does not cover anticipatory or special cash discounts.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17026.5. Notwithstanding the provisions of Section 17026, regular term discounts granted to distributors by manufacturers of cigarettes for cash payment customarily offered to distributors without discrimination may be used to reduce cost. This section shall not apply to any anticipatory or special discount for cash that may be offered by the manufacturers of cigarettes. (Added by Stats. 1985, Ch. 9, Sec. 1. Effective March 4, 1985.)
  119. 17027.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A distributor or vendor may not use the invoice cost of goods bought in certain off-channel sales to justify a lower price than replacement cost, unless the goods are kept separate and sold as such; any related advertising must disclose the purchase conditions and quantity.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17027. In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankruptcy, closeout sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of the date of the sale of the article or product replaced through the ordinary channels of trade, unless the article or product is kept separate from goods purchased in the ordinary channels of trade and unless the article or product is advertised and sold as merchandise purchased at a forced, bankruptcy, closeout sale, or by means other than through the ordinary channels of trade. Such advertising shall state the conditions under which the goods were purchased, and the quantity of the merchandise to be sold or offered for sale. (Amended by Stats. 2009, Ch. 500, Sec. 2. (AB 1059) Effective January 1, 2010.)
  120. 17028.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “ordinary channels of trade” as ordinary, regular, daily mercantile transactions transferring title to undamaged products between people.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17028. “Ordinary channels of trade” means those ordinary, regular and daily transactions in the mercantile trade whereby title to an article or product, in no way damaged or deteriorated, is transferred from one person to another. “Ordinary channels of trade” does not include bankruptcy sales of stocks, closeout goods, dents, sales of goods bought from a business or merchant retiring from business, fire sales and sales of damaged or deteriorated goods, which damage or deterioration results from any cause whatsoever. This listing is not all inclusive but as example only. (Amended by Stats. 2009, Ch. 500, Sec. 3. (AB 1059) Effective January 1, 2010.)
  121. 17029.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “cost of doing business” or “overhead expense.”

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17029. “Cost of doing business” or “overhead expense” means all costs of doing business incurred in the conduct of the business and shall include without limitation the following items of expense: labor (including salaries of executives and officers), rent, interest on borrowed capital, depreciation, selling cost, maintenance of equipment, delivery costs, credit losses, all types of licenses, taxes, insurance and advertising. (Added by Stats. 1941, Ch. 526.)
  122. 1703.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board or its members/officers may file a complaint for a violation of this chapter, and the county district attorney must prosecute violations in the county where they occur.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1703. The board, or any member or officer thereof, may prefer a complaint for violation of this chapter, or any part thereof, before any court of competent jurisdiction, and may by its officers, counsel and agents, assist in presenting the law or facts at the trial. The district attorney of each county in this State shall prosecute all violations of this chapter in their respective counties in which the violations occur. (Added by Stats. 1937, Ch. 415.)
  123. 17030.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “loss leader” as an article or product sold below cost in specified circumstances.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17030. “Loss leader” means any article or product sold at less than cost: (a) Where the purpose is to induce, promote or encourage the purchase of other merchandise; or (b) Where the effect is a tendency or capacity to mislead or deceive purchasers or prospective purchasers; or (c) Where the effect is to divert trade from or otherwise injure competitors. (Added by Stats. 1941, Ch. 526.)
  124. 17031.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section defines “locality discrimination” as charging a lower price in one place than another within California.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 2. Definitions [17020 - 17031] ( Article 2 added by Stats. 1941, Ch. 526. ) ## 17031. Locality discrimination means a discrimination between different sections, communities or cities or portions thereof, or between different locations in such sections, communities, cities or portions thereof in this State, by selling or furnishing an article or product, at a lower price in one section, community or city, or any portion thereof, or in one location in such section, community, or city or any portion thereof, than in another. (Added by Stats. 1941, Ch. 526.)
  125. 17040.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person engaged in producing, manufacturing, distributing, or selling consumer-use goods must not create locality discriminations when acting with the intent described in the section.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17040. It is unlawful for any person engaged in the production, manufacture, distribution or sale of any article or product of general use or consumption, with intent to destroy the competition of any regular established dealer in such article or product, or to prevent the competition of any person who in good faith, intends and attempts to become such dealer, to create locality discriminations. Nothing in this section prohibits the meeting in good faith of a competitive price. (Added by Stats. 1941, Ch. 526.)
  126. 17041.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section says the chapter does not prohibit locality-based price differences when they are justified by differences in grade, quality, quantity, or relevant costs.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17041. Nothing in this chapter prohibits locality discriminations which make allowances for differences, if any, in the grade, quality or quantity when based and justified in the cost of manufacture, sale or delivery, or the actual cost of transportation from the point of production, if a raw product or commodity, or from the point of manufacture if a manufactured product or commodity, or from the point of shipment to the point of destination. (Added by Stats. 1941, Ch. 526.)
  127. 17042.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section says the chapter does not prohibit selecting customers, classifying customers by function, or charging different prices to customers in different functional classifications.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17042. Nothing in this chapter prohibits any of the following: (a) A selection of customers. (b) A functional classification by any person of any customer as broker, jobber, wholesaler or retailer. (c) A differential in price for any article or product as between any customers in different functional classifications. (Added by Stats. 1941, Ch. 526.)
  128. 17043.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A business person in this state may not sell products below cost, or give them away, when doing so is meant to injure competitors or destroy competition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17043. It is unlawful for any person engaged in business within this State to sell any article or product at less than the cost thereof to such vendor, or to give away any article or product, for the purpose of injuring competitors or destroying competition. (Added by Stats. 1941, Ch. 526.)
  129. 17044.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Businesses in this state may not sell or use any product as a “loss leader” if it falls within the section’s definition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17044. It is unlawful for any person engaged in business within this State to sell or use any article or product as a “loss leader” as defined in Section 17030 of this chapter. (Amended by Stats. 1953, Ch. 334.)
  130. 17045.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Secret rebates, refunds, commissions, unearned discounts, or hidden special services/privileges that harm a competitor and tend to destroy competition are unlawful.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17045. The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is unlawful. (Added by Stats. 1941, Ch. 526.)
  131. 17046.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person must not use threats, intimidation, or a boycott to carry out a violation of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17046. It is unlawful for any person to use any threat, intimidation, or boycott, to effectuate any violation of this chapter. (Added by Stats. 1941, Ch. 526.)
  132. 17047.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Specified business actors must not solicit any violation of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17047. It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to solicit any violation of this chapter. (Added by Stats. 1941, Ch. 526.)
  133. 17048.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Certain vendors and their agents must not jointly participate or collude with others in violating this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17048. It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, jointly to participate or collude with any other such person in the violation of this chapter. (Added by Stats. 1941, Ch. 526.)
  134. 17048.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Certain sellers and related agents may not contract with a service or repair agency for warranty service and repair below that agency’s cost.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17048.5. It is unlawful for any manufacturer, wholesaler, distributor, jobber, contractor, broker, retailer, or other vendor, or any agent of any such person, to enter into a contract with any service or repair agency for the performance of warranty service and repair for products manufactured, distributed, or sold by such person, below the cost to such service or repair agency of performing the warranty service or repair. (Added by Stats. 1977, Ch. 787.)
  135. 17049.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section says the chapter’s bans on locality discrimination and sales below cost also cover schemes using special rebates, collateral contracts, or any other device that effectively achieves the same result.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17049. The prohibitions of this chapter against locality discrimination and sales below cost embrace any scheme of special rebates, collateral contracts or any device of any nature whereby such discrimination or sale below cost is in substance or fact effected in violation of the spirit and intent of this chapter. (Added by Stats. 1941, Ch. 526.)
  136. 1705.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    If the board applies, a county superior court must issue an injunction stopping any unlicensed person from practicing dentistry.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1705. In addition to the other proceedings provided for in this chapter, the superior court of any county, on application of the board, shall issue an injunction to restrain any unlicensed person from carrying on or conducting the practice of dentistry as defined in this chapter. (Added by Stats. 1937, Ch. 415.)
  137. 1705.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The superior court may issue an injunction or similar order to stop conduct that is, or is about to be, an offense against this chapter, if 10 or more licensed dentists apply.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1705.5. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the superior court of any county, on application of 10 or more persons holding licenses to practice dentistry issued under this chapter, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1982, Ch. 517, Sec. 5.)
  138. 17050.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    This section says certain sales are exempt from the chapter’s prohibitions on locality discrimination, sales below cost, and loss leaders.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17050. The prohibitions of this chapter against locality discriminations, sales below cost, and loss leaders do not apply to any sale made: (a) In closing out in good faith the owner’s stock or any part thereof for the purpose of discontinuing his trade in any such article or product and in the case of the sale of seasonal goods or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation; provided, notice is given to the public thereof. (b) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof. (c) By an officer acting under the orders of any court. (d) In an endeavor made in good faith to meet the legal prices of a competitor selling the same article or product, in the same locality or trade area and in the ordinary channels of trade. (e) In an endeavor made in good faith by a manufacturer, selling an article or product of his own manufacture, in a transaction and sale to a wholesaler or retailer for resale to meet the legal prices of a competitor selling the same or a similar or comparable article or product, in the same locality or trade area and in the ordinary channels of trade. The notice required to be given under this section shall not be sufficient unless the subject of such sales is kept separate from other stocks and clearly and legibly marked with the reason for such sales, and any advertisement of such goods must indicate the same facts and the number of items to be sold. (Added by Stats. 1941, Ch. 526.)
  139. 17051.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Contracts made by any person, firm, or corporation that violate this chapter are illegal, and no recovery can be had on them.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 3. Offenses Against the Chapter [17040 - 17051] ( Article 3 added by Stats. 1941, Ch. 526. ) ## 17051. Any contract, express or implied, made by any person, firm, or corporation in violation of this chapter is an illegal contract and no recovery thereon shall be had. (Added by Stats. 1941, Ch. 526.)
  140. 1706.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Dentists must mark complete dentures with the patient’s name unless the patient objects, inform the patient about the identification purpose, and keep marked-denture records confidential with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1706. (a) Every complete upper or lower denture fabricated by a licensed dentist, or fabricated pursuant to the dentist’s work order, shall be marked with the patient’s name, unless the patient objects. The initials of the patient may be shown alone, if use of the name of the patient is not practical. The markings shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the markings and the methods used to implant or apply them shall be determined by the dentist or dental laboratory fabricating the denture. (b) The dentist shall inform the patient that the markings are to be used for identification only and that the patient shall have the option to decide whether or not the dentures shall be marked. (c) The dentist shall retain the records of those marked dentures and shall not release the records to any person except to enforcement officers, in the event of an emergency requiring personal identification by means of dental records, or to anyone authorized by the patient. (Amended by Stats. 2005, Ch. 182, Sec. 1. Effective January 1, 2006.)
  141. 1707.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board may cite people, companies, or associations that advertise unapproved educational programs or courses requiring board approval, and the citation can include fines and correction orders.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 5. Offenses Against This Chapter [1700 - 1707] ( Article 5 added by Stats. 1937, Ch. 415. ) ## 1707. (a) If upon investigation, the board has probable cause to believe that a person, company, or association is advertising with respect to the offering or provision of an educational program or course that requires board approval without being properly approved by the board to offer or provide the educational program or course, the board may issue a citation in accordance with Section 148. (b) Each citation issued pursuant to subdivision (a) may contain: (1) An assessment of an administrative fine. Administrative fines shall range from fifty dollars ($50) to five thousand dollars ($5,000), inclusive, for each violation. Any sanction authorized for activity under this section shall be separate from and in addition to any other civil or criminal remedies. (2) An order of correction that requires the violator to do both of the following: (A) Cease the unlawful advertising. (B) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (c) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the board in writing that they intend to contest the citation. The board shall afford an opportunity for a hearing, as specified in Section 125.9. (d) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the board shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person, company, or association to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising. (e) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service. (Added by Stats. 2024, Ch. 483, Sec. 41. (SB 1453) Effective January 1, 2025.)
  142. 17070.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Any person or trade association may sue to stop violations of this chapter and recover damages.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17070. Any person or trade association may bring an action to enjoin and restrain any violation of this chapter and, in addition thereto, for the recovery of damages. (Added by Stats. 1941, Ch. 526.)
  143. 17071.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In actions under this chapter, proof of below-cost or discriminatory-price sales plus proof of injurious effect is presumptive evidence of intent to injure competitors or destroy competition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17071. In all actions brought under this chapter proof of one or more acts of selling or giving away any article or product below cost or at discriminatory prices, together with proof of the injurious effect of such acts, is presumptive evidence of the purpose or intent to injure competitors or destroy competition. (Added by Stats. 1941, Ch. 526.)
  144. 17071.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In actions under this chapter, proof of below-cost sales in limited quantities can create a presumption of intent to injure competitors or destroy competition, but only for certain retail businesses.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17071.5. In all actions brought under this chapter proof of limitation of the quantity of any article or product sold or offered for sale to any one customer to a quantity less than the entire supply thereof owned or possessed by the seller or which he is otherwise authorized to sell at the place of such sale or offering for sale, together with proof that the price at which the article or product is so sold or offered for sale is in fact below its invoice or replacement cost, whichever is lower, raises a presumption of the purpose or intent to injure competitors or destroy competition. This section applies only to sales by persons conducting a retail business the principal part of which involves the resale to consumers of commodities purchased or acquired for that purpose, as distinguished from persons principally engaged in the sale to consumers of commodities of their own production or manufacture. (Added by Stats. 1961, Ch. 1347.)
  145. 17072.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    An established local cost survey may be used as competent evidence to prove a person's costs in a trade or industry case.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17072. Where a particular trade or industry, of which a person complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, that cost survey is competent evidence to be used in proving the costs of such person. (Added by Stats. 1941, Ch. 526.)
  146. 17073.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    The section says certain cost proofs are presumptive evidence of an article’s cost in actions under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17073. Proof of average overall cost of doing business for any particular inventory period when added to the cost of production of each article or product, as to a producer, or invoice or replacement cost, whichever is lower, of each article or product, as to a distributor, is presumptive evidence of cost of each such article or product involved in any action brought under this chapter. (Added by Stats. 1941, Ch. 526.)
  147. 17074.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Proof of transportation tariffs that are fixed and approved by the Public Utilities Commission is presumptive evidence of delivery cost.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17074. Proof of transportation tariffs when fixed and approved by the Public Utilities Commission of the State of California is presumptive evidence of delivery cost. (Amended by Stats. 1959, Ch. 1638.)
  148. 17075.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In an action where it is shown that a person sold below cost and used labor paid below the prevailing wage scale, evidence of the prevailing wage scale may be admitted to show intent or purpose to violate the chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17075. In any action where it is alleged and shown that the person complained against is selling below his cost of doing business, and such person is including labor at less than the prevailing wage scale in the trade in which such person is engaged for the locality or vicinity in which he is doing business, evidence of such prevailing wage scale shall be admissible to prove the intent or purpose of such person to violate this chapter. (Added by Stats. 1941, Ch. 526.)
  149. 17076.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In an action under this chapter, unpaid services or services paid below the prevailing wage must be treated as a business expense at the prevailing wage rate.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17076. In any action brought under this chapter, where persons are employed or performing services for any person or in the conduct of the business wherein such person is charged with a violation of this chapter, and are so employed or performing such services without compensation or at a wage lower than that prevailing at the time and place of the service for the particular services performed, such services shall be charged as an expense of the business in which rendered and at the rate of the wage for the services rendered prevailing at the time of the service at the place where rendered. (Added by Stats. 1941, Ch. 526.)
  150. 17077.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In a sales-below-cost case, if the defendant got raw materials for consideration that cannot be fully or definitely calculated in money, the raw materials’ cost is presumed to be the prevailing market price for similar materials in the local area at the time of purchase.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17077. In any action or prosecution for sales below cost in violation of this chapter, if the defendant acquires his raw materials for a consideration not wholly or definitely computable in money, the cost of the raw materials shall be presumed to be the prevailing market price for similar raw materials in the ordinary channels of trade in the locality or vicinity in which such raw materials were acquired, at the time of the acquisition. (Added by Stats. 1941, Ch. 526.)
  151. 17078.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A court may enjoin a defendant from doing acts prohibited by the relevant sections when the court is asked for emergency or preliminary injunctive relief, or finds the defendant has violated this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17078. If it appears to the court upon any application for a temporary restraining order, or upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injunction, or if the court shall find, in any such action, that any defendant therein is violating, or has violated, this chapter, then the court shall enjoin the defendant from doing all acts which are prohibited by the section, or sections, of which any provision thereof is being violated, or has been violated, by the defendant. (Added by Stats. 1941, Ch. 526.)
  152. 17079.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A court may add extra restraints to an injunction to prevent future violations of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17079. The court may, in its discretion, include in any injunction against a violation of this chapter such other restraint as it may deem expedient in order to deter the defendant from, and insure against, his committing a future violation of this chapter. (Added by Stats. 1941, Ch. 526.)
  153. 17080.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    An injunction for a violation of this chapter must cover every article or product involved, not just the one at issue.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17080. Any injunction against a violation of this chapter, whether interim or final, shall cover every article or product and not merely the particular article or product involved in the action. (Added by Stats. 1941, Ch. 526.)
  154. 17081.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A plaintiff in an action under this chapter does not have to provide or file a bond or undertaking to get an interim or final injunction.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17081. It is not necessary for the plaintiff, in any action under this chapter, to provide or file any undertaking or bond for the issuance of any interim or final injunction. (Added by Stats. 1941, Ch. 526.)
  155. 17082.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In actions under this chapter, a plaintiff does not need to prove actual damages or injury, may recover treble actual damages, and may also recover a reasonable attorney’s fee and costs if judgment is entered against the defendant.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17082. In any action under this chapter, it is not necessary to allege or prove actual damages or the threat thereof, or actual injury or the threat thereof, to the plaintiff. But, in addition to injunctive relief, any plaintiff in any such action shall be entitled to recover three times the amount of the actual damages, if any, sustained by the plaintiff, as well as three times the actual damages, if any, sustained by any person who has assigned to the plaintiff his claim for damages resulting from a violation of this chapter. In any action under this chapter in which judgment is entered against the defendant the plaintiff shall be awarded a reasonable attorney’s fee together with the costs of suit. The amendments to this section adopted at the 1959 Regular Session of the Legislature do not apply to any action commenced prior to September 18, 1959. (Amended by Stats. 1959, Ch. 2074.)
  156. 17083.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In actions under this chapter, witness testimony may be taken by deposition, and related civil procedure rules apply.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17083. The testimony of any witness in any action brought under this chapter may be taken by deposition. The provisions of Chapter 3 (commencing with Section 2002) of Title 3 of Part 4 of, and the provisions of Title 4 (commencing with Section 2016.010) of Part 4 of, the Code of Civil Procedure are applicable to the witness, the testimony and the deposition. In addition, the books and records of any party, or of any such witness, may be subpoenaed into court and introduced into evidence, or introduced, by reference, into evidence, and may be required to be produced at the taking of the deposition of any party or of any such witness and there inquired into. (Amended by Stats. 2004, Ch. 182, Sec. 2. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  157. 17084.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A party to an action under this chapter may ask the court or a judge for an order requiring another party to allow inspection or copying of relevant account entries or documents. If the order is refused, the court must exclude that material or treat it as the applicant says.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17084. Any party to any action brought under this chapter may, upon notice, apply to the court in which the action is pending, or to any judge thereof, for an order requiring any other party to give to the applicant, within a specified time, an inspection and copy, or permission to take a copy, of entries of accounts in any book, or of any documents, papers, or memoranda in such party’s possession or under his control containing evidence relating to the merits of any such action or any defense therein. If a compliance with the order is refused, the court shall exclude the entries of accounts in any such book, or any such document, paper, or memorandum from being given in evidence by the other party, or if wanted as evidence by the applicant the court shall presume them to be as the applicant alleges. (Added by Stats. 1941, Ch. 526.)
  158. 17085.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    While an action for a violation of this chapter is pending, the court may order a reference if it thinks a broad examination of books, papers, records, or documents is or may become relevant or material.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17085. If, at any time while any action for a violation of this chapter is pending, it appears to the court that an extensive examination of books, papers, records, or documents is or may become material or relevant to the issues in the action, the court may, in its discretion, upon the application of any party to the action, or upon its own motion, order a reference to be had in the manner and form provided in Part 2, Title 8, Chapter 6 of the Code of Civil Procedure. (Added by Stats. 1941, Ch. 526.)
  159. 17086.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Information obtained under this article, or under specified civil-procedure discovery provisions, cannot be used against a party or witness as the basis for a misdemeanor or felony prosecution in any court of this state.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17086. No information obtained under this article, or under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, may be used against any party, or any witness, as a basis for a misdemeanor or felony prosecution in any court of this state. (Amended by Stats. 2006, Ch. 538, Sec. 22. Effective January 1, 2007.)
  160. 17087.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    People subpoenaed or ordered by court in these proceedings generally must still attend, testify, or produce documents, and they cannot refuse on self-incrimination grounds.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 4. Civil Liability [17070 - 17087] ( Article 4 added by Stats. 1941, Ch. 526. ) ## 17087. In any action or proceeding, civil or criminal, brought by the Attorney General or any district attorney for the violation of this chapter, no person shall be excused from attending, testifying or producing books, papers, or documents in obedience to subpoena or under order of court on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to any penalty. No individual shall be prosecuted or subjected to any penalty for or on account of any transaction, matter, or thing concerning which he may so testify or produce evidence in any action or proceeding brought by the Attorney General or district attorney under this chapter. (Added by Stats. 1961, Ch. 795.)
  161. 17095.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 5. Liability of Agents [17095 - 17096] ( Article 5 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    A person acting as a director, officer, or agent who helps violate this chapter is equally responsible for the violation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 5. Liability of Agents [17095 - 17096] ( Article 5 added by Stats. 1941, Ch. 526. ) ## 17095. Any person, who, either as director, officer or agent of any firm or corporation or as agent of any person, violating the provisions of this chapter, assists or aids, directly or indirectly, in such violation is responsible therefor equally with the person, firm or corporation for which he acts. (Added by Stats. 1941, Ch. 526.)
  162. 17096.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 5. Liability of Agents [17095 - 17096] ( Article 5 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In an injunction proceeding against an officer, director, or agent, it is enough to allege and prove the unlawful intent of the person, firm, or corporation they act for.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 5. Liability of Agents [17095 - 17096] ( Article 5 added by Stats. 1941, Ch. 526. ) ## 17096. In any injunction proceeding against any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for which he acts. (Added by Stats. 1941, Ch. 526.)
  163. 17100.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 6. Penal Provisions [17100 - 17101] ( Article 6 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    Violating this chapter is a misdemeanor and can lead to a fine, jail time, or both.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 6. Penal Provisions [17100 - 17101] ( Article 6 added by Stats. 1941, Ch. 526. ) ## 17100. Any person, whether as principal, agent, officer or director, for himself, or for another person, or for any firm or corporation, or any corporation, who or which violates this chapter is guilty of a misdemeanor for each single violation and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment not exceeding six months or by both such fine and imprisonment, in the discretion of the court. (Added by Stats. 1941, Ch. 526.)
  164. 17101.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 6. Penal Provisions [17100 - 17101] ( Article 6 added by Stats. 1941, Ch. 526. )

    Verify source ↗

    In a prosecution against an officer, director, or agent, it is enough to allege and prove the unlawful intent of the person, firm, or corporation they act for.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 4. Unfair Trade Practices [17000 - 17101] ( Chapter 4 added by Stats. 1941, Ch. 526. ) ## ARTICLE 6. Penal Provisions [17100 - 17101] ( Article 6 added by Stats. 1941, Ch. 526. ) ## 17101. In the prosecution of any person as officer, director or agent, it is sufficient to allege and prove the unlawful intent of the person, firm or corporation for which he acts. (Added by Stats. 1941, Ch. 526.)
  165. 1715.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Dental licenses covered by this chapter expire at midnight on the licentiate’s birth date in the second year of the two-year term if not renewed, unless specifically excepted. The board must set up the renewal procedures, including fee proration and staggered expiration dates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1715. Licenses issued under the provisions of this chapter, unless specifically excepted, expire at 12 midnight on the legal birth date of a licentiate of the board during the second year of a two-year term if not renewed. The board shall establish procedures for the administration of the birth date renewal program, including, but not limited to, the establishment of a pro rata formula for the payment of fees by licentiates affected by the implementation of such program and the establishment of a system of staggered license expiration dates such that a relatively equal number of licenses expire annually. (Amended by Stats. 1976, Ch. 1189.)
  166. 1715.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    This section says Sections 1715 through 1718.3 also apply to expiration, renewal, restoration, reinstatement, and reissuance of permission to operate an additional place of practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1715.1. The provisions of Sections 1715, 1716, 1717, 1718, 1718.1, 1718.2, and 1718.3 shall also apply to and govern the expiration, renewal, restoration, reinstatement, and reissuance of permission to conduct an additional place of practice. (Added by Stats. 1974, Ch. 1270.)
  167. 1715.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Dental licensees must report certain education and practice-status information when first licensed and when renewing, and the board must collect and publish some related data.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1715.5. (a) A licensee shall, upon his or her initial licensure and any subsequent application for renewal, report the completion of any advanced educational program accredited by the Committee on Dental Accreditation in a dental specialty recognized by the American Dental Association. (b) The licensee shall also report, upon his or her initial licensure and any subsequent application for renewal, the practice or employment status of the licensee, designated as one of the following: (1) Full-time practice or employment in a dental practice of 32 hours per week or more in California. This reporting requirement shall also apply to a dental auxiliary licensee. (2) Full-time practice or employment in a dental practice outside of California. (3) Part-time practice or employment in a dental practice for less than 32 hours per week in California. (4) Dental administrative employment that does not include direct patient care, as may further be defined by the board. (5) Retired. (6) Other practice or employment status, as may be further defined by the board. (c) Information collected pursuant to subdivision (b) shall be posted on the Internet Web site of the board. (d) (1) A licensee may report, in his or her application for renewal, and the board shall collect, information regarding the licensee’s cultural background and foreign language proficiency. (2) Information collected pursuant to this subdivision shall be aggregated on an annual basis, based on categories utilized by the board in the collection of the data, into both statewide totals and ZIP Code of primary practice or employment location totals. (3) Aggregated information under this subdivision shall be compiled annually, and reported on the Internet Web site of the board on or before July 1 of each year. (Amended by Stats. 2012, Ch. 799, Sec. 3. (SB 1575) Effective January 1, 2013.)
  168. 1716.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    People authorized to practice dentistry in California, and anyone practicing dentistry in the state, must pay the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1716. Nothing contained in this chapter shall exempt from the payment of the renewal fee any person authorized to practice dentistry in the State of California, and every person practicing dentistry in this State shall pay the renewal fee irrespective of the time when he was licensed or first had the right to lawfully practice dentistry in this State or elsewhere. (Amended by Stats. 1961, Ch. 364.)
  169. 1716.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    The board may lower a dentist’s renewal fee in limited cases, and it may grant or end a disability-related fee waiver. A licensee with a waiver cannot practice dentistry again until the full renewal fee is paid and the board is satisfied the disability no longer prevents safe practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1716.1. (a) Notwithstanding Section 1716, the board may, by regulation, reduce the renewal fee for a licensee who has practiced dentistry for 20 years or more in this state, has reached the age of retirement under the federal Social Security Act (42 U.S.C. Sec. 301 et seq.), and customarily provides his or her services free of charge to any person, organization, or agency. In the event that charges are made, these charges shall be nominal. In no event shall the aggregate of these charges in any single calendar year be in an amount that would render the licensee ineligible for full social security benefits. The board shall not reduce the renewal fee under this section to an amount less than one-half of the regular renewal fee. (b) Notwithstanding Section 1716, any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice dentistry due to a disability, may request a waiver of 50 percent of the renewal fee. The granting of a waiver shall be at the discretion of the board, and the board may terminate the waiver at any time. A licensee to whom the board has granted a waiver pursuant to this subdivision shall not engage in the practice of dentistry unless and until the licensee pays the current renewal fee in full and establishes to the satisfaction of the board, on a form prescribed by the board and signed under penalty of perjury, that the licensee’s disability either no longer exists or no longer affects his or her ability to safely practice dentistry. (Amended by Stats. 2001, Ch. 728, Sec. 10. Effective January 1, 2002.)
  170. 1717.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    To renew an unexpired license, the licensee must apply before the license would otherwise expire and pay the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1717. To renew an unexpired license, the licensee shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the board and pay the renewal fee prescribed by this chapter. The receipt of the executive officer shall be indispensable evidence that payment has been made. (Amended by Stats. 1984, Ch. 47, Sec. 12. Effective March 21, 1984.)
  171. 1718.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    An expired dental license may be renewed within five years after it expires, if the renewal application is filed on a board-prescribed form and all required fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1718. Except as otherwise provided in this chapter, an expired license may be renewed at any time within five years after its expiration on filing of application for renewal on a form prescribed by the board, and payment of all accrued renewal and delinquency fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date provided in Section 1715 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 1989, Ch. 607, Sec. 1.)
  172. 1718.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    A suspended license may expire and must be renewed under this article, but renewal does not allow the licensee to practice while the license remains suspended.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1718.1. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (Added by Stats. 1961, Ch. 364.)
  173. 1718.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    If a revoked license is reinstated after expiration, the licensee must pay a reinstatement fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1718.2. A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, 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. (Added by Stats. 1961, Ch. 364.)
  174. 1718.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    If a license is not renewed within five years after expiration, it is canceled and cannot later be renewed, restored, reinstated, or reissued. The holder may still seek a new license if specified requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1718.3. A license that is not renewed within five years after its expiration shall be canceled and shall not be renewed, restored, reinstated, or reissued thereafter, but the holder of the license may apply for and obtain a new license if the following requirements are satisfied: (a) No fact, circumstance, or condition exists which would justify denial of licensure under Section 480. (b) The licenseholder pays all of the fees that would be required if the licenseholder were then applying for the license for the first time and all delinquency fees, if any, that have accrued since the date on which the licenseholder last renewed the license. Delinquency fees shall not accrue after the license has been canceled pursuant to this section. (c) The licenseholder applies for licensure, as a new applicant, through one of the available licensing pathways under this division and meets all the requirements for licensure outlined therein. (d) For purposes of subdivision (c), a licenseholder who was previously eligible for examination pursuant to subdivision (e) of Section 1628 shall be eligible to take the examination required by Section 1632 pursuant to the terms of subdivision (e) of Section 1628. (Amended by Stats. 2024, Ch. 483, Sec. 42. (SB 1453) Effective January 1, 2025.)
  175. 1719.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    When the court’s proper officer collects fines or bail forfeitures for a violation of this chapter, 75% goes to the board’s executive officer and 25% goes to the county where the case is tried.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1719. Upon collection by the proper officer of the court, 75 percent of the fines or forfeitures of bail in any case in which any person is charged with a violation of the provisions of this chapter shall be paid to the executive officer of the board and the balance, or 25 percent of the fines or forfeitures of bail, shall be paid to the county where the action is tried. (Amended by Stats. 1984, Ch. 47, Sec. 13. Effective March 21, 1984.)
  176. 1720.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    The executive officer must pay certain receipts to the State Treasury and report them to the Controller by the 10th day of each month.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1720. The executive officer shall on or before the 10th day of each month pay to the State Treasury and report to the Controller all fines, penalties, and forfeitures received for violations of this chapter, together with all examination, renewal, and license fees received by him or her prior to the date of the report and payment. (Amended by Stats. 1984, Ch. 47, Sec. 14. Effective March 21, 1984.)
  177. 17200.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    This section defines “unfair competition” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17200. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code. (Amended by Stats. 1992, Ch. 430, Sec. 2. Effective January 1, 1993.)
  178. 17201.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    In this chapter, “person” includes natural persons, corporations, firms, partnerships, joint stock companies, associations, and other organizations of persons.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17201. As used in this chapter, the term person shall mean and include natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons. (Added by Stats. 1977, Ch. 299.)
  179. 17201.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    This section defines “Board within the Department of Consumer Affairs” and “Local consumer affairs agency” for use in this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17201.5. As used in this chapter: (a) “Board within the Department of Consumer Affairs” includes any commission, bureau, division, or other similarly constituted agency within the Department of Consumer Affairs. (b) “Local consumer affairs agency” means and includes any city or county body which primarily provides consumer protection services. (Added by Stats. 1979, Ch. 897.)
  180. 17202.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    In an unfair competition case, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law, despite Civil Code Section 3369.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17202. Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition. (Added by Stats. 1977, Ch. 299.)
  181. 17203.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    Courts may enjoin unfair competition and issue orders, including appointing a receiver, to stop the practice or restore money or property. Representative claims are allowed only if standing and Civil Procedure Code Section 382 requirements are met, except for certain public prosecutors and the Attorney General.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17203. Injunctive Relief—Court Orders Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction. The court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice which constitutes unfair competition, as defined in this chapter, or as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition. Any person may pursue representative claims or relief on behalf of others only if the claimant meets the standing requirements of Section 17204 and complies with Section 382 of the Code of Civil Procedure, but these limitations do not apply to claims brought under this chapter by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state. (Amended November 2, 2004, by initiative Proposition 64, Sec. 2.)
  182. 17204.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    Actions for relief under this chapter must be brought in court by specified public officials, and in some cases by an injured person.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17204. Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or by a person who has suffered injury in fact and has lost money or property as a result of the unfair competition. (Amended by Stats. 2021, Ch. 140, Sec. 1. (SB 461) Effective January 1, 2022. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 64.)
  183. 17205.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    Unless the law says otherwise, the remedies or penalties in this chapter add to each other and to other remedies or penalties under California law.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17205. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1977, Ch. 299.)
  184. 17206.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    People who engage in unfair competition can be liable for a civil penalty of up to $2,500 per violation, and the court must impose a penalty for each violation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17206. Civil Penalty for Violation of Chapter (a) Any person who engages, has engaged, or proposes to engage in unfair competition shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, by any district attorney, by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, by any city attorney of a city having a population in excess of 750,000, or by a county counsel of any county within which a city has a population in excess of 750,000, by any city attorney of any city and county, or, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor, in any court of competent jurisdiction. (b) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (c) (1) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. (2) If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. (3) (A) Except as provided in subparagraph (B) and subdivision (e), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (B) If the action is brought by the City Attorney of San Diego, the penalty collected shall be paid to the treasurer of the City of San Diego. (4) The aforementioned funds shall be for the exclusive use by the Attorney General, the district attorney, the county counsel, and the city attorney for the enforcement of consumer protection laws. (d) The Unfair Competition Law Fund is hereby created as a special account within the General Fund in the State Treasury. The portion of penalties that is payable to the General Fund or to the Treasurer recovered by the Attorney General from an action or settlement of a claim made by the Attorney General pursuant to this chapter or Chapter 1 (commencing with Section 17500) of Part 3 shall be deposited into this fund. Moneys in this fund, upon appropriation by the Legislature, shall be used by the Attorney General to support investigations and prosecutions of California’s consumer protection laws, including implementation of judgments obtained from such prosecutions or investigations and other activities which are in furtherance of this chapter or Chapter 1 (commencing with Section 17500) of Part 3. Notwithstanding Section 13340 of the Government Code, any civil penalties deposited in the fund pursuant to the National Mortgage Settlement, as provided in Section 12531 of the Government Code, are continuously appropriated to the Department of Justice for the purpose of offsetting General Fund costs incurred by the Department of Justice. (e) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of any reasonable expenses incurred by the board shall be paid to the Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the Treasurer. The amount of any reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county that funds the local agency. (f) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered for the exclusive use by the city attorney for the enforcement of consumer protection laws. However, if the action is brought by a city attorney of a city and county for the purposes of civil enforcement pursuant to Section 17980 of the Health and Safety Code or Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code, either the penalty collected shall be paid entirely to the treasurer of the city and county in which the judgment was entered or, upon the request of the city attorney, the court may order that up to one-half of the penalty, under court supervision and approval, be paid for the purpose of restoring, maintaining, or enhancing the premises that were the subject of the action, and that the balance of the penalty be paid to the treasurer of the city and county. (Amended by Stats. 2021, Ch. 140, Sec. 2. (SB 461) Effective January 1, 2022. Note: This section was amended on Nov. 2, 2004, by initiative Prop. 64.)
  185. 17206.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    A person who violates this chapter and targets senior citizens or disabled persons may face a civil penalty of up to $2,500 for each violation, and the court may order restitution.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17206.1. (a) (1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, and the act or acts of unfair competition are perpetrated against one or more senior citizens or disabled persons, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action as prescribed in Section 17206. (2) Subject to subdivision (d), any civil penalty shall be paid as prescribed by subdivisions (b) and (c) of Section 17206. (b) As used in this section, the following terms have the following meanings: (1) “Senior citizen” means a person who is 65 years of age or older. (2) “Disabled person” means a person who has a physical or mental impairment that substantially limits one or more major life activities. (A) As used in this subdivision, “physical or mental impairment” means any of the following: (i) A physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine. (ii) A mental or psychological disorder, including intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. “Physical or mental impairment” includes, but is not limited to, diseases and conditions including orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disability, and emotional illness. (B) “Major life activities” means functions that include caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (c) In determining whether to impose a civil penalty pursuant to subdivision (a) and the amount thereof, the court shall consider, in addition to any other appropriate factors, the extent to which one or more of the following factors are present: (1) Whether the defendant knew or should have known that his or her conduct was directed to one or more senior citizens or disabled persons. (2) Whether the defendant’s conduct caused one or more senior citizens or disabled persons to suffer any of the following: loss or encumbrance of a primary residence, principal employment, or source of income; substantial loss of property set aside for retirement, or for personal or family care and maintenance; or substantial loss of payments received under a pension or retirement plan or a government benefits program, or assets essential to the health or welfare of the senior citizen or disabled person. (3) Whether one or more senior citizens or disabled persons are substantially more vulnerable than other members of the public to the defendant’s conduct because of age, poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually suffered substantial physical, emotional, or economic damage resulting from the defendant’s conduct. (d) A court of competent jurisdiction hearing an action pursuant to this section may make orders and judgments as necessary to restore to a senior citizen or disabled person money or property, real or personal that may have been acquired by means of a violation of this chapter. Restitution ordered pursuant to this subdivision shall be given priority over recovery of a civil penalty designated by the court as imposed pursuant to subdivision (a), but shall not be given priority over a civil penalty imposed pursuant to subdivision (a) of Section 17206. If the court determines that full restitution cannot be made to those senior citizens or disabled persons, either at the time of judgment or by a future date determined by the court, then restitution under this subdivision shall be made on a pro rata basis depending on the amount of loss. (Amended by Stats. 2012, Ch. 457, Sec. 3. (SB 1381) Effective January 1, 2013.)
  186. 17206.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    A person who violates this chapter may face a civil penalty up to $2,500 per violation if the unfair competition is directed at service members or veterans.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17206.2. (a) (1) In addition to any liability for a civil penalty pursuant to Section 17206, a person who violates this chapter, if the act or acts of unfair competition are perpetrated against one or more service members or veterans, may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action as prescribed in Section 17206. (2) Any civil penalty shall be paid as prescribed by subdivisions (b) and (c) of Section 17206. (b) As used in this section, the following terms have the following meanings: (1) “Service member” means a person who is a member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or the active militia of this state. (2) “Veteran” means a person who was formerly a service member. (Added by Stats. 2022, Ch. 620, Sec. 2. (SB 1311) Effective January 1, 2023.)
  187. 17207.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    Anyone who intentionally violates an injunction against unfair competition can be hit with a civil penalty of up to $6,000 for each violation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17207. (a) Any person who intentionally violates any injunction prohibiting unfair competition issued pursuant to Section 17203 shall be liable for a civil penalty not to exceed six thousand dollars ($6,000) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of that conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of that conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. (b) The civil penalty prescribed by this section shall be assessed and recovered in a civil action brought in any county in which the violation occurs or where the injunction was issued in the name of the people of the State of California by the Attorney General or by any district attorney, any county counsel of any county within which a city has a population in excess of 750,000 or any county counsel that is authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney in any court of competent jurisdiction within the attorney’s jurisdiction without regard to the county from which the original injunction was issued. An action brought pursuant to this section to recover civil penalties shall take precedence over all civil matters on the calendar of the court except those matters to which equal precedence on the calendar is granted by law. (c) If such an action is brought by the Attorney General, one-half of the penalty collected pursuant to this section shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city, except that if the action was brought by a city attorney of a city and county the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment is entered. (d) If the action is brought at the request of a board within the Department of Consumer Affairs or a local consumer affairs agency, the court shall determine the reasonable expenses incurred by the board or local agency in the investigation and prosecution of the action. Before any penalty collected is paid out pursuant to subdivision (c), the amount of the reasonable expenses incurred by the board shall be paid to the State Treasurer for deposit in the special fund of the board described in Section 205. If the board has no such special fund, the moneys shall be paid to the State Treasurer. The amount of the reasonable expenses incurred by a local consumer affairs agency shall be paid to the general fund of the municipality or county which funds the local agency. (Amended by Stats. 2021, Ch. 140, Sec. 3. (SB 461) Effective January 1, 2022.)
  188. 17208.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    An action to enforce a cause of action under this chapter must be started within four years after the cause of action accrues.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17208. Any action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of this section shall be revived by its enactment. (Added by Stats. 1977, Ch. 299.)
  189. 17209.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    People filing briefs or petitions in covered appellate proceedings must serve copies on the Attorney General and the relevant district attorney within 3 days, and other filed documents must be provided free on request within 5 days.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17209. If a violation of this chapter is alleged or the application or construction of this chapter is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each person filing any brief or petition with the court in that proceeding shall serve, within three days of filing with the court, a copy of that brief or petition on the Attorney General, directed to the attention of the Consumer Protection Section at a service address designated on the Attorney General’s official internet website for service of papers under this section or, if no service address is designated, at the Attorney General’s office in the City of San Francisco and on the district attorney of the county in which the lower court action or proceeding was originally filed. Upon the Attorney General’s or district attorney’s request, each person who has filed any other document, including all or a portion of the appellate record, with the court in addition to a brief or petition shall provide a copy of that document without charge to the Attorney General or the district attorney within five days of the request. The time for service may be extended by the Chief Justice or presiding justice or judge for good cause shown. No judgment or relief, temporary or permanent, shall be granted or opinion issued until proof of service of the brief or petition on the Attorney General and district attorney is filed with the court. (Amended by Stats. 2024, Ch. 853, Sec. 1. (AB 3281) Effective January 1, 2025.)
  190. 1721.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    Most money received by the Treasurer under this chapter must go into the State Dentistry Fund, and board spending from that fund is subject to legislative appropriation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1721. Except as provided in Sections 1944 and 1945, all funds received by the Treasurer under the authority of this chapter shall be placed in the State Dentistry Fund. Expenditure of those funds shall be subject to appropriation by the Legislature in the annual Budget Act. Subject to that appropriation, and except as provided in Sections 1944 and 1945, all disbursements by the board made in the transaction of its business and in the enforcement of this chapter shall be paid out of the fund upon claims against the state. (Amended by Stats. 2019, Ch. 865, Sec. 46. (AB 1519) Effective January 1, 2020.)
  191. 1721.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    Funds the Treasurer receives under Section 1725 must be deposited into the State Dentistry Fund, and spending those funds requires legislative appropriation in the annual Budget Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1721.5. All funds received by the Treasurer pursuant to Section 1725 shall be placed in the State Dentistry Fund for the purposes of administering this chapter as it relates to dental assistants, registered dental assistants, registered dental assistants in extended functions, dental sedation assistant permitholders, and orthodontic assistant permitholders. Expenditure of these funds shall be subject to appropriation by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 865, Sec. 47. (AB 1519) Effective January 1, 2020.)
  192. 17210.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. )

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    This section restricts handing out commercial handbills to hotel guest rooms when the hotel has objected, and it allows distribution only when the innkeeper or occupant has requested or approved it.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 5. Enforcement [17200 - 17210] ( Chapter 5 added by Stats. 1977, Ch. 299. ) ## 17210. (a) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety Code. “Innkeeper” means the owner or operator of a hotel, or the duly authorized agent or employee of the owner or operator. (b) For purposes of this section, “handbill” means, and is specifically limited to, any tangible commercial solicitation to guests of the hotel urging that they patronize any commercial enterprise. (c) Every person (hereinafter “distributor”) engages in unfair competition for purposes of this chapter who deposits, places, throws, scatters, casts, or otherwise distributes any handbill to any individual guest rooms in any hotel, including, but not limited to, placing, throwing, leaving, or attaching any handbill adjacent to, upon, or underneath any guest room door, doorknob, or guest room entryway, where either the innkeeper has expressed objection to handbill distribution, either orally to the distributor or by the posting of a sign or other notice in a conspicuous place within the lobby area and at all points of access from the exterior of the premises to guest room areas indicating that handbill distribution is prohibited, or the distributor has received written notice pursuant to subdivision (e) that the innkeeper has expressed objection to the distribution of handbills to guest rooms in the hotel. (d) Every person (hereinafter “contractor”) engages in unfair competition for purposes of this chapter who causes or directs any other person, firm, business, or entity to distribute, or cause the distribution of, any handbill to any individual guest rooms in any hotel in violation of subdivision (c) of this section, if the contractor has received written notice from the innkeeper objecting to the distribution of handbills to individual guest rooms in the hotel. (e) Every contractor who causes or directs any distributor to distribute, or cause the distribution of, any handbills to any individual guest rooms in any hotel, if the contractor has received written notice from the innkeeper or from any other contractor or intermediary pursuant to this subdivision, objecting to the distribution of handbills to individual guest rooms in the hotel has failed to provide a written copy of that notice to each distributor prior to the commencement of distribution of handbills by the distributor or by any person hired or retained by the distributor for that purpose, or, within 24 hours following the receipt of the notice by the contractor if received after the commencement of distribution, and has failed to instruct and demand any distributor to not distribute, or to cease the distribution of, the handbills to individual guest rooms in any hotel for which such a notice has been received is in violation of this section. (f) Any written notice given, or caused to be given, by the innkeeper pursuant to or required by any provision of this section shall be deemed to be in full force and effect until such time as the notice is revoked in writing. (g) Nothing in this section shall be deemed to prohibit the distribution of a handbill to guest rooms in any hotel where the distribution has been requested or approved in writing by the innkeeper, or to any individual guest room when the occupant thereof has affirmatively requested or approved the distribution of the handbill during the duration of the guest’s occupancy. (Added by Stats. 1999, Ch. 354, Sec. 1. Effective January 1, 2000.)
  193. 1722.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    A $700 revolving fund may be drawn on by warrant in emergencies or for cash advances, but further warrants are barred until prior spending is backed by vouchers, itemized statements, and audit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1722. The amount of seven hundred dollars ($700) of the fund shall constitute a revolving fund and may be drawn upon the warrant of the president and secretary of the board without being audited in the usual manner, in cases of emergency or where cash advances are necessary. However, after the sum of seven hundred dollars ($700) has been so expended, no further warrant shall be drawn on the revolving fund until expenditures previously made from it shall be substantiated by vouchers and itemized statements and audited. All expenditures from the revolving fund shall, at the end of each fiscal year, or at any other time when demand therefor is made by the Director of Finance or by the State Controller, be so substantiated and audited unless previously done. (Amended by Stats. 1996, Ch. 320, Sec. 1. Effective January 1, 1997.)
  194. 1723.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    The board must pay all fines, penalties, forfeitures, and examination fees it imposes or collects under this chapter to the executive officer.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1723. All fines, penalties, and forfeitures, including the examination fee, imposed or collected by the board under any provision of this chapter shall be paid to the executive officer. (Amended by Stats. 1984, Ch. 47, Sec. 15. Effective March 21, 1984.)
  195. 1724.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    The board sets dentists’ charges and fees, but the section caps many specific application, license, permit, renewal, and penalty amounts.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1724. The amount of charges and fees for dentists licensed pursuant to this chapter shall be established by the board as is necessary for the purpose of carrying out the responsibilities required by this chapter as it relates to dentists, subject to the following limitations: (a) The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000). (b) The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000). (c) The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000). (d) The fee for an initial license and for the renewal of a license is five hundred twenty-five dollars ($525). On and after January 1, 2016, the fee for an initial license shall not exceed six hundred fifty dollars ($650), and the fee for the renewal of a license shall not exceed six hundred fifty dollars ($650). On and after January 1, 2018, the fee for an initial license shall not exceed eight hundred dollars ($800), and the fee for the renewal of a license shall not exceed eight hundred dollars ($800). (e) The fee for an application for a special permit shall not exceed one thousand dollars ($1,000), and the renewal fee for a special permit shall not exceed six hundred dollars ($600). (f) The delinquency fee shall be 50 percent of the renewal fee for such a license or permit in effect on the date of the renewal of the license or permit. (g) The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75). (h) The fee for an application for an additional office permit shall not exceed seven hundred fifty dollars ($750), and the fee for the renewal of an additional office permit shall not exceed three hundred seventy-five dollars ($375). (i) The fee for issuance of a replacement pocket license, replacement wall certificate, or replacement engraved certificate shall not exceed one hundred twenty-five dollars ($125). (j) The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year. (k) The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25). (l) The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25). (m) The fee for an application for an elective facial cosmetic surgery permit shall not exceed four thousand dollars ($4,000), and the fee for the renewal of an elective facial cosmetic surgery permit shall not exceed eight hundred dollars ($800). (n) The fee for an application for an oral and maxillofacial surgery permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral and maxillofacial surgery permit shall not exceed one thousand two hundred dollars ($1,200). (o) The fee for an application for a general anesthesia permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a general anesthesia permit shall not exceed six hundred dollars ($600). (p) The fee for an onsite inspection and evaluation related to a general anesthesia or moderate sedation permit shall not exceed four thousand five hundred dollars ($4,500). (q) The fee for an application for a moderate sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a moderate sedation permit shall not exceed six hundred dollars ($600). (r) The fee for an application for an adult oral conscious sedation certificate shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an adult oral conscious sedation certificate shall not exceed six hundred dollars ($600). (s) The fee for an application for a pediatric minimal sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric minimal sedation permit shall not exceed six hundred dollars ($600). (t) The fee for an application for a pediatric endorsement for a general anesthesia permit or moderate sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric endorsement shall not exceed six hundred dollars ($600). (u) The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125). (v) The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250). (Amended by Stats. 2024, Ch. 483, Sec. 43. (SB 1453) Effective January 1, 2025.)
  196. 1724.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    This section sets the fees for permits issued under Section 1701.5 and requires the board to set renewal and delinquency fees within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1724.5. The amount of fees payable in connection with permits issued under Section 1701.5 is as follows: (a) The initial permit fee is an amount equal to the renewal fee for the applicant’s license to practice dentistry in effect on the last regular renewal date before the date on which the permit is issued, except that, if the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued. (b) The renewal and delinquency fees shall be fixed by the board at not more than the then current amount of the renewal fee for a license to practice dentistry nor less than five dollars ($5). (Amended by Stats. 1990, Ch. 515, Sec. 2.)
  197. 1725.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. )

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    This section caps various fees for dental assistant licensing, permits, examinations, renewals, duplicates, and certain education-program reviews.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 6. Fees [1715 - 1725] ( Article 6 added by Stats. 1937, Ch. 415. ) ## 1725. The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations: (a) The application fee for an original license shall not exceed two hundred dollars ($200). (b) The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the examination. (c) The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200). (d) The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination. (e) The fee for the Registered Dental Assistant Combined Written and Law and Ethics Examination for a registered dental assistant shall not exceed the actual cost of the examination. (f) The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination. (g) The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200). (h) The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit. (i) The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100). (j) The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellor’s office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500). (k) The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellor’s office of the California Community Colleges shall not exceed two thousand dollars ($2,000). (l) Fees collected pursuant to this section shall be deposited in the State Dentistry Fund. (Amended by Stats. 2019, Ch. 865, Sec. 48. (AB 1519) Effective January 1, 2020.)
  198. 17350.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 6.5. Reassignments [17350 - 17351] ( Chapter 6.5 added by Stats. 1979, Ch. 819. )

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    A financial institution must not enter into a contract that provides for reassignment for contracts entered into on or after the chapter’s effective date.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 6.5. Reassignments [17350 - 17351] ( Chapter 6.5 added by Stats. 1979, Ch. 819. ) ## 17350. With respect to contracts entered into on or after the effective date of this chapter, no financial institution shall enter into a contract which provides for reassignment. (Added by Stats. 1979, Ch. 819.)
  199. 17351.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 6.5. Reassignments [17350 - 17351] ( Chapter 6.5 added by Stats. 1979, Ch. 819. )

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    This section defines “financial institution” and “reassignment” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 6.5. Reassignments [17350 - 17351] ( Chapter 6.5 added by Stats. 1979, Ch. 819. ) ## 17351. For the purposes of this chapter: (a) “Financial institution” means a bank, savings and loan association, or credit union chartered under the laws of this state or the United States or any other person or organization making loans upon the security of real property. (b) “Reassignment” means the exercise of a contractual right of a financial institution which is the assignee of a contract which is subject to the provisions of the Unruh Act (Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code) and which is secured by a mortgage as defined in Article 1 (commencing with Section 2920) of Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code on real property to return the contract to the party assigning it to the financial institution, or to assign it to any other person, upon the default of one or more of the parties to the contract. (Amended by Stats. 1980, Ch. 423, Sec. 3. Effective July 11, 1980.)
  200. 17360.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. )

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    This chapter defines “person” to include an individual, partnership, firm, association, or corporation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 2. PRESERVATION AND REGULATION OF COMPETITION [16600 - 17365] ( Part 2 added by Stats. 1941, Ch. 526. ) ## CHAPTER 7. Sales of Telephone and Other Communications Equipment [17360 - 17365] ( Chapter 7 added by Stats. 1983, Ch. 738, Sec. 2. ) ## 17360. As used in this chapter, “person” includes an individual, partnership, firm, association, or corporation. (Added by Stats. 1983, Ch. 738, Sec. 2. Effective September 13, 1983. Section operative November 1, 1983, pursuant to Section 17365.)

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