CALIFORNIA LAWS AND REGULATIONS
RELATED TO THE PRACTICE OF PHYSICAL THERAPY
JANUARY 2023
State of California
Department of
Consumer Affairs
Gavin Newsom
Governor
California Laws and Regulations Related
to the Practice of Physical Therapy
2023 Edition
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Physical Therapy Board of California
2005 Evergreen Street, Suite 2600
Sacramento, CA 95815
Phone: (916) 561-8200
facebook.com/PTBCnews
twitter: twitter.comPTBCnews
Tonia McMillian, President
Dayle C. Armstrong, PhD, PT, MS, DPT, Vice President
Karen Brandon PT, DSc, DPT
Daniel Drummer, PT, DPT
Katarina V. Eleby, M.A., Public Board Member
Johnathon Ervin, Public Board Member
Alicia Rabena-Amen, PT, DPT
Introduction
This is the Physical Therapy Board of California January 2023
edition of the Physical Therapy Practice Act comprised of the laws and
regulations relating to the practice of physical therapy in California.
Mission
The PTBC’s mission is to advance and protect the interests of the
people of California by the effective administration of the Physical
Therapy Practice Act.
Vision
The standard for consumer protection in physical therapy.
FOREWORD
As publishers of the Parker’s California Codes, LexisNexis
is pleased to present the 2023 Edition of California Laws and
Regulations Related to the Practice of Physical Therapy. This
volume is a compilation of selected laws and regulations that affect the
medical industry. This 2023 edition incorporates all legislation affecting
certain codes enacted through 2022 Regular Session, and approved by
the Governor in 2022.
Included in this edition is a Table of Sections Affected which
may be utilized to facilitate research into recently enacted legislation
affecting these codes. Through the use of state-of-the-art computer
software, attorney editors have updated the comprehensive descriptive
word index with the enactments of the 2022 legislature.
In its efforts to remain committed to technological advances and
responsive to the needs of legal researchers, LexisNexis features the
Parker’s California Codes in electronic form. For more information about
eBooks and other electronic formats, please call our Customer Service
department toll-free at 1-800-833-9844.
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other company information.
January 2023
TABLE OF CONTENTS
BUSINESS AND PROFESSIONS CODE
Division 1. Department of Consumer Affairs
Chapter 1. The Department
§104. Display of licenses or registrations ......................................... 1
§108.5. Witness fees and expenses....................................................... 1
§114. Reinstatement of expired license of licensee serving
in military ................................................................................. 2
§114.3. Waiver of fees and requirements for active duty
members of armed forces and national guard ........................ 3
§114.5. Military service; Posting of information on Web site
about application of military experience and training
towards licensure ..................................................................... 4
§115. Applicability of Section 114 ..................................................... 4
§115.4. Licensure process expedited for honorably discharged
veterans of Armed Forces ........................................................ 4
§115.5. Board required to expedite licensure process for certain
applicants; Adoption of regulations [Repealed] ...................... 5
§115.5. Board required to expedite licensure process for certain
applicants; Adoption of regulations......................................... 5
§118. Effect of withdrawal of application; Effect of suspension,
forfeiture, etc., of license .......................................................... 5
§119. Misdemeanors pertaining to use of licenses ........................... 6
§121. Practice during period between renewal and receipt of
evidence of renewal .................................................................. 6
§121.5. Application of fees to licenses or registrations lawfully
inactivated ................................................................................ 7
§123 Conduct constituting subversion of licensing
examination; Penalties and damages...................................... 7
§123.5. Enjoining violations ................................................................. 8
§125. Misdemeanor offenses by licensees ......................................... 8
§125.6. Unlawful Discrimination by Licensees ................................... 8
§128. Sale of equipment, supplies, or services for use
in violation of licensing requirements..................................... 9
§129. Handling of complaints; Reports to Legislature..................... 9
§136. Notification of change of address; Punishment for
failure to comply..................................................................... 10
§138. Notice that practitioner is licensed; Evaluation of
licensing examination ............................................................ 11
§140. Disciplinary Action; Licensee’s Failure to Record Cash
Transactions in Payment of Employee Wages...................... 11
§141 Disciplinary Action by Foreign Jurisdiction; Grounds for
Disciplinary Action................................................................. 11
§142. Authority to Synchronize Renewal Dates; Abandonment
Date for Application; Delinquency Fee ................................. 12
§143.5. Provision in Agreements to Settle Certain Actions
Prohibited; Adoption of Regulations; Exemptions................ 12
§144. Requirement of Fingerprints for Criminal Record
Checks; Applicability.............................................................. 13
§144.5. Board authority ...................................................................... 14
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Chapter 7. Licensee
§460. Powers of Local Government Entities 14
§461. Asking Applicant to Reveal Arrest Record Prohibited 15
§462. Inactive Category of Licensure 15
§464. Retired Category of Licensure 16
Division 1.5. Denial, Suspension, and Revocation of Licenses
Chapter 1. General Provisions
§475. Applicability Of Division 17
§476. Exemptions 17
§477. “Board”; “License” 18
§478. “Application”; “Material” 18
Chapter 2. Denial of License
§480. Grounds for Denial; Effect of obtaining certificate of
rehabilitation [Repealed]. 18
§480. Grounds for Denial by Board; Effect of Obtaining
Certificate of Rehabilitation. 19
§480.2. Grounds for Denial of License by Bureau for Private
Postsecondary Education, State Athletic Commission,
and California Horse Racing Board. 21
§480.5. Completion of Licensure Requirements
While Incarcerated. 23
§481. Crime and Job-Fitness Criteria [Repealed]. 24
§481. Crime and Job-Fitness Criteria. 24
§482. Rehabilitation Criteria [Repealed]. 24
§482. Rehabilitation Criteria 24
§483. [Section Renumbered 1987.] 25
§484. Attestation to Good Moral Character of Applicant. 25
§485. Procedure Upon Denial. 25
§486. Contents of Decision or Notice. 26
§487. Hearing; Time 26
§488. Hearing Request [Repealed]. 27
§488. Hearing Request 27
§489. Denial of Application Without a Hearing. 27
Chapter 3. Suspension and Revocation of Licenses
§490. Grounds for Suspension or Revocation; Discipline for
Substantially Related Crimes; Conviction; Legislative
Findings. 28
§491. Procedure Upon Suspension or Revocation. 28
§492. Effect of Completion of Drug Diversion Program on
Disciplinary Action or Denial of License. 29
§493. Evidentiary Effect of Record of Conviction of Crime
Substantially Related to Licensee’s Qualifications,
Functions, and Duties [Repealed] 30
§493. Evidentiary Effect of Record of Conviction of Crime
Substantially Related to Licensee’s Qualifications,
Functions, and Duties 30
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Chapter 4. Public Reprovals
§495. Public Reproval of Licentiate or Certificate Holder for Act
Constituting Grounds for Suspension or Revocation of
License or Certificate; Proceedings ....................................... 31
Chapter 5. Examination Security
§496. Grounds For Denial, Suspension, or Revocation
of License. .............................................................................. 31
§497. [Section renumbered 1989.]. .................................................. 31
§498. Fraud, Deceit or Misrepresentation as Grounds for
Action Against License........................................................... 31
§499. Action Against License Based on Licentiate’s Actions
Regarding Application of Another......................................... 32
Division 2. Healing Arts
Chapter 1. General Provisions
Article 4. Frauds of Medical Records
§580. Sale or Barter of Degree, Certificate, or Transcript............. 32
§581. Purchase or Fraudulent Alteration of Diploma or Other
Writings .................................................................................. 33
§582. Use of Illegally Obtained, Altered or Counterfeit Diploma,
Certificate, or Transcript ....................................................... 33
§583. False Statement in Document, Application, Writing ........... 34
§584. Violation of Examination Security; Impersonation.............. 34
§585. Punishment ............................................................................ 35
Article 6. Unearned Rebates, Refunds, and Discounts
§650. Rebates for patient referrals; Consideration between
supplier and health facility.................................................... 35
§650.01. Unlawful Referrals; Definitions ............................................ 37
§650.02. Exceptions to Referral Prohibition ........................................ 40
§651. Dissemination of False or Misleading Information
Concerning Professional Services or Products;
Permissible Advertising......................................................... 43
§651.3. Health Care Services Plan Information and Advertising;
Prohibition Against Contracting Entity Deriving Profit
from Plan ................................................................................ 48
§652. Violations by Licensees .......................................................... 48
§652.5. Violation of Article ................................................................. 49
§653. “Person”................................................................................... 49
§654. Licensees’ Co-Ownership Arrangements .............................. 49
§654.2. Referrals to Organization in which Licensee or Family
has Significant Beneficial Interest; Required Disclosure
Statement .............................................................................. 49
§654.3. Definitions; Prohibitions relating to open-end credit or
loan; Responsibilities of licensee; Patients’ rights................ 51
Article 7.5. Health Care Practitioners
§680. Health care practitioner’s disclosure of name and license
status....................................................................................... 54
§680.5. Additional disclosures of specified information;
Applicability........................................................................... 55
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Article 9. Inactive License
§700. Legislative Intent ................................................................... 56
.................................................................................. §701. Issuance 56
§702. Holder prohibited from engaging in active
license activity ....................................................................... 56
§703. Renewal; Fees......................................................................... 56
§704. Restoration to Active Status.................................................. 57
Article 10.5. Unprofessional Conduct
§725. Excessive Prescribing or Treatment; Treatment for
Intractable Pain...................................................................... 57
§726. Commission of Act of Sexual Abuse or Misconduct
with Patient or Client ............................................................ 58
Article 11. Professional Reporting
§800. Central files of licensees’ individual historical records ........ 58
§801. Insurers’ reports of malpractice settlements or
arbitration awards; Insured’s written consent to
settlement ............................................................................... 60
§801.1. Report of settlement or arbitration award where state
or local government acts as self-insurer in cases of
negligence, error, omission in practice, or rendering
of unauthorized services resulting in death or personal
injury ....................................................................................... 62
§802. Reports of malpractice settlements or arbitration awards
involving uninsured licensees; Penalties for non-
compliance .............................................................................. 62
Article 12. Insurance Fraud
§810. Grounds for Disciplinary Action Against Health Care
Professional............................................................................. 64
Article 12.5. Mental Illness or Physical Illness
§820. Examination of Licentiate for Mental Illness or Physical
Illness Affecting Competency ................................................ 65
§821. Effect of Licentiate’s Failure to Comply With Order for
Examination ........................................................................... 66
§821.5. [Section repealed 2010.] ......................................................... 66
§821.6. [Section repealed 2010.] ......................................................... 66
§822. Action by licensing agency. .................................................... 66
§823. Reinstatement of Licentiate .................................................. 67
§824. Options Open to Licensing Agency When Proceeding
Against Licentiate .................................................................. 67
§825. “Licensing Agency” ................................................................. 68
§826. Format of Proceedings Under Sections 821 And 822;
Rights and Powers.................................................................. 68
§827. Authority of Licensing Agency to Convene in Closed
Session .................................................................................... 68
§828. Determination of Insufficient Evidence to Bring
Action Against Licentiate, Effect on Records of
Proceedings ............................................................................. 68
Chapter 1.5. Exemption from Licensure
§900. Requirements for exemption; Immunity from
liability .................................................................................... 69
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Chapter 5. Medicine
Article 3. License Required and Exemptions
§2068. Nutritional Advice.................................................................. 70
Article 12. Enforcement
§2234. Unprofessional Conduct......................................................... 70
§2237. Drug related conviction.......................................................... 73
§2238. Violation of statute regulating drugs .................................... 74
§2239. Excessive use of drugs or alcohol........................................... 74
§2274. Unauthorized Use of Medical Designation ........................... 74
§2289. Impersonation of another practitioner.................................. 75
Chapter 5.7. Physical Therapy
Article 1. Administration and General Provisions
§2600. Citation .................................................................................. 75
§2601. Definitions .............................................................................. 75
§2602. Physical Therapy Board of California
[Repealed effective] ................................................................ 75
§2602. Physical Therapy Board of California
[Repealed effective January 1, 2027] .................................... 76
§2602.1. Priority of board; Protection of the public............................. 76
§2603. Board members....................................................................... 76
§2603.5. Qualifications of board members........................................... 76
§2604. Appointment of board members; Term; Vacancies;
Election of president, vice president; Removal..................... 77
§2605. Powers and duties of board.................................................... 77
§2606. Compensation and expenses.................................................. 78
§2607. Employees; Contracts for services......................................... 78
§2607.5. Executive officer; Employment of investigators, legal
counsel, physical therapy consultants; Attorney General
as legal counsel [Repealed effective January 1, 2027] ......... 78
§2608. Procedures governing enforcement proceedings................... 79
§2608.5. Inspection of, reports from, facilities providing physical
therapy care; Inspection of patient records .......................... 79
§2611. Board Meetings; Quorum....................................................... 79
§2612. Compliance with Bagley-Keene Open Meeting Act.............. 80
§2613. Commissioner on Examination.............................................. 80
§2614. Hearings; Decision ................................................................. 80
§2615. Adoption of Regulations ......................................................... 80
Article 2. Scope of Regulation and Exemptions
§2620. “Physical Therapy” ................................................................. 81
§2620.1. Direct Physical Therapy Treatment ..................................... 81
§2620.3. Application of Topical Medications ....................................... 83
§2620.5. Authority of physical therapists to penetrate tissues for
purpose of evaluating neuromuscular performance as
part of practice of physical therapy; Certification ................ 83
§2620.7. Patient Records ...................................................................... 84
§2621. Authorized Practices .............................................................. 84
§2622. Management of patient care; Supervision of physical
therapy assistants; Use of physical therapy aide ................. 84
§2623. Code of professional conduct; Rules and standards
adopted by board .................................................................... 84
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§2630. Practice of physical therapy without physical therapist
license...................................................................................... 85
§2630.3. Licensed physical therapist assistant ................................... 85
.............................................................§2630.4. Physical therapy aide 85
§2630.5. Exemptions from physical therapist licensure
requirements........................................................................... 86
§2633. Titles authorized for use by licensed physical
therapist .................................................................................. 87
§2633.5. Titles authorized for use by licensed physical therapist
assistant .................................................................................. 87
§2633.7. Identification as “physical therapist student” or
“physical therapist assistant student” .................................. 88
§2634. Investigation of Applicants .................................................... 88
Article 3. Qualifications and Requirements for
Licensure
§2635. Qualifications ......................................................................... 88
...............§2636. Required examinations; Conduct of examinations 89
§2636.5. License without written examination; Performance as
physical therapist, physical therapist assistant................... 90
§2638. Retaking licensing examination ............................................ 91
§2639. Practice after award of license applicant status................... 91
§2639.1. Application for licensure as physical therapist
assistant by person having training or experience
equivalent to approved physical therapist assistant
education program.................................................................. 91
Article 4. Renewal of Licenses
§2644. Expiration; Renewal of Unexpired License........................... 92
§2645. Notice of Renewal................................................................... 93
§2646. Renewal of Expired License................................................... 93
§2647. Failure to Renew Expired License ........................................ 93
§2648. Exemption from renewal fee while engaged in training
or active service in U.S. military or U.S. Public Health
Service ..................................................................................... 94
§2648.3. Waiver of renewal fee based on inability to practice
due to disability ...................................................................... 94
§2648.5. Waiver of renewal fee for California resident providing
voluntary, unpaid physical therapy services ........................ 95
§2648.7. Exemption from renewal fee for licensee applying for
retired license status; Prohibition against practice by
licensee in retired status [Repealed] ..................................... 95
§2649. Renewal of License; Proof of Completion of Required
Continuing Education; Number of Hours; Regulations;
Fees ......................................................................................... 95
Article 5. Educational Standards
.................................................... §2650. Educational Requirements 96
§2651. Approval of Physical Therapist and Physical Therapist
Assistant Education Programs .............................................. 96
§2653. Graduate of physical therapist education program not
approved by board and not located in U.S. ........................... 97
§2654. Eligibility of graduate of non-approved, non-U.S.
physical therapist education program to take physical
therapist assistant examination............................................ 98
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Article 6. Enforcement
§2660. Unprofessional conduct constituting grounds for citation,
discipline, denial, suspension or revocation of license, or
issuance of probationary license............................................ 98
............. §2660.1. Presumption regarding consent to sexual activity 100
§2660.2. Denial of license; Probationary license; Public letter of
reprimand in lieu of refusing license................................... 100
§2660.3. Public letter of reprimand in lieu of filing or
prosecuting formal accusation ............................................. 101
§2660.4. Failure to comply with request for medical records
of patient............................................................................... 102
§2660.5. Denial of License in Specified Circumstances .................... 102
§2660.7. Conduct subverting licensing examination......................... 102
§2660.8. Disciplinary Action after Hearing by Medical Quality
Hearing Panel, or Default or Stipulation with Board ....... 102
§2661. What deemed conviction ...................................................... 103
§2661.5. Order for payment of investigation and
prosecution costs................................................................... 103
§2661.6. Probation Monitoring Program ........................................... 104
§2661.7. Petition for reinstatement of license or modification of
penalty .................................................................................. 104
Article 7. Substance Abuse Rehabilitation Program
................................................................. §2662. Legislative Intent 105
§2663. Establishment and administration of substance abuse
rehabilitation program......................................................... 105
§2664. Rehabilitation evaluation committee .................................. 106
§2665. Duties and responsibilities of rehabilitation evaluation
committee.............................................................................. 106
§2666. Criteria for acceptance into rehabilitation program;
Causes for termination from program................................. 107
§2667. Confidentiality of Records.................................................... 108
§2668. Fee for participation in program ......................................... 109
§2669. Participation in program no defense to disciplinary
action ..................................................................................... 109
Article 8. Offenses Against this Chapter
§2670. Penalty for violations ........................................................... 109
§2672. Injunction or other order restraining conduct .................... 110
Article 9. Fiscal Administration
§2680. Records of proceedings; Register of licensees ..................... 110
§2681. Monthly collection report and payment .............................. 110
§2682. Physical Therapy Fund ........................................................ 111
§2687. Disposition of fees, fines, and forfeitures ............................ 111
............................................ §2688. Physical therapy licensing fees 111
§2688.5. Report to legislative committees regarding fee increase
[Repealed] ............................................................................. 113
§2689. Fees relating to certification for performance of electro-
myographical testing............................................................ 113
Article 10. Physical Therapy Corporations
§2690. Definition; Governing agency .............................................. 113
§2691. Violation as unprofessional conduct.................................... 113
§2692. Conduct of practice............................................................... 114
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§2693. Name ..................................................................................... 114
........... §2694. Shareholders, directors and officers to be licensees 114
§2695. Accrual of income to shareholder while disqualified
prohibited .............................................................................. 114
§2696. Regulation by committee ..................................................... 114
TITLE 1. CORPORATIONS
Division 3. Corporations for Specific Purposes
Part 4. Professional Corporations
§13400. Citation of part ..................................................................... 117
§13401. Definitions ............................................................................ 117
§13401.3. “Professional Services” ......................................................... 118
§13401.5. Licensees as Shareholders, Officers, Directors,
or Employees......................................................................... 118
§13402. Corporation rendering services other than pursuant to
this part; Conduct of business by corporation not
professional corporation ...................................................... 123
§13403. General Corporation law; Applicability .............................. 123
................................ §13404. Formation; Certificate of Registration 124
§13404.5. Certificate of registration to transact intrastate
business; Liability of shareholders...................................... 127
§13405. License requirement for persons rendering professional
services; Employment of nonlicensed personnel................. 128
§13406. Professional corporations; Stock; Financial statements;
Voting; Nonprofit law corporations ..................................... 128
§13407. Transfer of Shares; Restriction; Purchase by
Corporations; Suspension of Revocation of
Certificate ............................................................................. 129
§13408. Specification of Grounds for Suspension or Revocation of
Certificate ............................................................................. 130
§13408.5. Fee splitting, kickbacks, or similar practices ..................... 131
§13409. Name of Corporation; Provisions Governing ...................... 131
§13410. Disciplinary Rules and Regulations .................................... 131
PENAL CODE
Part 4. Prevention of Crimes and Apprehension of
Criminals
Title 1. Investigation and Control of Crimes and
Criminals
Chapter 2. Control of Crimes and Criminals
Article 2. Reports of Injuries
§11160. Injuries required to be reported; Method of reporting;
Team reports; Internal procedures .................................. 133
Article 2.5. Child Abuse and Neglect Reporting Act
§11166. Duty to report; Mandated reporters; Punishment for
violation ............................................................................. 136
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CALIFORNIA CODE OF REGULATIONS
Title 16. Professional and Vocational Regulations
Division 13.2. Physical Therapy Board of California
Article 1. General Provisions
§1398. Citation ................................................................................. 143
§1398.1. Location of Office.................................................................. 143
§1398.3. Definitions ............................................................................ 143
§1398.4. Delegation of Functions ....................................................... 144
§1398.6. Filing of Addresses ............................................................... 144
§1398.10. Advertising ........................................................................... 145
§1398.11. Physical Therapy Aide, Applicant and Student
Identification ........................................................................ 145
§1398.12. Related Health Sciences....................................................... 146
§1398.13. Patient Records .................................................................... 146
§1398.15. Notice to Consumers ............................................................ 147
Article 2. Applications and Examinations
§1398.20. Place of Filing ....................................................................... 147
§1398.21. Abandonment of Applications.............................................. 147
§1398.21.1. Failure to Pass Examination .......................................... 148
§1398.23. Failure to Pay Initial License Fee ....................................... 148
§1398.25. Credential Evaluations Services ......................................... 148
§1398.26. Applications of Foreign Educated Graduates ..................... 149
§1398.26.1. Satisfactory Documentary Evidence of Equivalent
Degree for Licensure as a Physical Therapist or
Physical Therapist Assistant............................................... 150
§1398.26.3. English Proficiency.......................................................... 150
§1398.26.5. Clinical Service Requirements for Foreign Educated
Applicants ............................................................................. 150
§1398.28. Written Examination ........................................................... 151
Article 3. Physical Therapy Schools
§1398.30. Approved Physical Therapist Educational Programs ........ 152
§1398.31. Criteria for Approval of Physical Therapy Schools ............ 152
§1398.37. Identification and Supervision of Physical Therapist
Students Defined.................................................................. 153
§1398.38. Criteria for Approval of Physical Therapy Facilities
to Supervise the Clinical Service of Foreign Educated
Applicants ............................................................................. 153
Article 4. Physical Therapist Assistant
§1398.44. Adequate Supervision Defined ............................................ 154
§1398.47. Equivalent Training or Experience ..................................... 155
Article 5. Physical Therapist Assistant Schools
§1398.50. Approved Physical Therapist Assistant Education
Programs ............................................................................... 156
§1398.51. Criteria for Approval of Physical Therapist
Assistant Schools.................................................................. 157
§1398.52. Identification and Supervision of Physical Therapist
Assistant Students Defined ................................................. 157
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Article 6. Physical Therapy Aides
§1399. Requirements for Use of Aides ............................................ 158
Article 7. Practice by Applicants
§1399.10. Supervision of Physical Therapist License
Applicants ............................................................................. 159
§1399.12. Supervision of Physical Therapist Assistant License
Applicants ............................................................................. 160
Article 8. Enforcement Actions, Discipline, and
Reinstatement of License
§1399.15. Guidelines for Issuing Citations and Imposing
Discipline .............................................................................. 160
§1399.16. Issuance of Initial Probationary License ............................ 162
....................................... §1399.20. Substantial Relationship Criteria 162
§1399.21. Rehabilitation Criteria for Denial and Reinstatement
of Licensure........................................................................... 163
§1399.22. Rehabilitation Criteria for Suspension or
Revocations ........................................................................... 164
§1399.23. Required Actions Against Registered Sex
Offenders............................................................................... 165
§1399.24. Unprofessional Conduct ....................................................... 166
Article 8.5. Administrative Citations
§1399.25. Administrative Citations ..................................................... 167
§1399.27. Compliance with Orders of Abatement............................... 168
§1399.28. Citations for Unlicensed Practice ........................................ 168
§1399.29. Contest of Citations.............................................................. 169
Article 9. Physical Therapy Professional
Corporations
§1399.30. Citation ................................................................................. 169
§1399.35. Requirements for Professional Corporations...................... 170
§1399.37. Shares: Ownership and Transfer ........................................ 170
§1399.39. Corporate Activities ............................................................. 171
§1399.40. Trusts .................................................................................... 171
Article 10. Fees
§1399.50. Physical Therapist Fees....................................................... 171
§1399.52. Physical Therapist Assistant Fees ...................................... 172
§1399.54. Electromyography Certification Fees.................................. 172
Article 11. Electromyography Certification
§1399.60. Definitions ............................................................................ 172
§1399.61. Certification Required .......................................................... 173
§1399.62. Application Required ............................................................ 173
§1399.63. Requirements for Kinesiological Electromyography
Certification .......................................................................... 174
§1399.64. Requirements for Electroneuromyography
Authorization ........................................................................ 175
......................................................... §1399.65. Examination Required 176
§1399.66. Examination Subject Areas – Kinesiological
Electromyography ................................................................ 176
§1399.67. Examination Subject Areas – Electroneuromyography ..... 177
§1399.68. Certification Renewal ........................................................... 177
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§1399.69. Suspension of Revocation of Certificates ............................ 178
§139970. Electromyography Reports .................................................. 178
Article 12. Topical Medications
§1399.75. Compliance with Regulations .............................................. 178
§1399.76. Topical Medications Defined................................................ 179
§1399.77. Administration of Medications ............................................ 179
§1399.78. Authorization and Protocols Required ................................ 179
§1399.79. Authorized Topical Medications .......................................... 179
Article 13. Continuing Competency Requirements
and Inactive License Status
§1399.90. Definitions ............................................................................ 180
§1399.91. Continuing Competency Required....................................... 180
§1399.92. Content Standards for Continuing Competency ................ 181
§1399.93. Continuing Competency Subject Matter
Requirements and Other Limitations ................................. 181
§1399.94. Authorized Pathways for Obtaining Hours ........................ 181
§1399.95. Standards for Approval Agencies ........................................ 183
§1399.96. Standards for Approved Providers ...................................... 184
§1399.97. Record Keeping ..................................................................... 185
§1399.98. Inactive Status ..................................................................... 185
§1399.99. Exemption from Continuing Competency
Requirements........................................................................ 186
Article 14. Sponsored Free Health Care Events—
Requirements for Exemption
§1399.99.1. Definitions........................................................................ 186
§1399.99.2. Sponsoring Entity Registration and Recordkeeping
Requirements........................................................................ 187
§1399.99.3. Out-of-State Practitioner Authorization to
Participate in Sponsored Event; Request for
authorization to Participate................................................. 187
§1399.99.4 Termination of Authorization and Appeal ..................... 187
HEALTH & SAFETY CODE
Division 106. Personal Health Care
Part 1. General Administration
Chapter 1. Patient Access to Health Records
§123110. Inspection of records; Copying of records; Violations;
Construction of section......................................................... 189
INDEX..................................................................................................I-1
xix
Code Prof. &Bus.
BUSINESS & PROFESSIONS CODE
DIVISION 1
DEPARTMENT OF CONSUMER AFFAIRS
HISTORY: Enacted Stats 1937 ch 399. The heading of Division 1, amended to read as above by
Stats 1973 ch 77 § 1.
CHAPTER 1
THE DEPARTMENT
HISTORY: Enacted Stats 1937 ch 399.
§ 104. Display of licenses or registrations
All boards or other regulatory entities within the department’s jurisdiction
that the department determines to be health-related may adopt regulations to
require licensees to display their licenses or registrations in the locality in
which they are treating patients, and to inform patients as to the identity of
the regulatory agency they may contact if they have any questions or
complaints regarding the licensee. In complying with this requirement, those
boards may take into consideration the particular settings in which licensees
practice, or other circumstances which may make the displaying or providing
of information to the consumer extremely difficult for the licensee in their
particular type of practice.
HISTORY:
Added Stats 1998 ch 991 § 1 (SB1980).
§ 108.5. Witness fees and expenses
In any investigation, proceeding, or hearing that any board, commission, or
officer in the department is empowered to institute, conduct, or hold, any
witness appearing at the investigation, proceeding, or hearing whether upon a
subpoena or voluntarily, may be paid the sum of twelve dollars ($12) per day
for every day in actual attendance at the investigation, proceeding, or hearing
and for the witness’s actual, necessary, and reasonable expenses and those
sums shall be a legal charge against the funds of the respective board,
commission, or officer; provided further, that no witness appearing other than
at the instance of the board, commission, or officer may be compensated out of
the fund.
The board, commission, or officer shall determine the sums due to any
witness and enter the amount on its minutes.
HISTORY:
Added Stats 1943 ch 1035 § 1. Amended Stats 1957 ch 1908 § 6; Stats 1970 ch 1061 § 1; Stats 2019
ch 351 § 15 (AB 496), effective January 1, 2020.
1
Bus. & Prof. Code
§ 114 BUSINESS & PROFESSIONS CODE
§ 114. Reinstatement of expired license of licensee serving in mili-
tary
(a) Notwithstanding any other provision of this code, any licensee or
registrant of any board, commission, or bureau within the department whose
license expired while the licensee or registrant was on active duty as a member
of the California National Guard or the United States Armed Forces, may,
upon application, reinstate their license or registration without examination or
penalty, provided that all of the following requirements are satisfied:
(1) The licensee or registrant’s license or registration was valid at the time
they entered the California National Guard or the
United States Armed
Forces.
(2) The application for reinstatement is made while serving in the
California National Guard or the United States Armed
Forces, or not later
than one year from the date of discharge from active service or return to
inactive military status.
(3) The application for reinstatement is accompanied by an affidavit
showing the date of entrance into the service, whether still in the service, or
date of discharge, and the renewal fee for the current renewal period in
which the application is filed is paid.
(b) If application for reinstatement is filed more than one year after
discharge or return to inactive status, the applicant, in the discretion of the
licensing agency, may be required to pass an examination.
(c) If application for reinstatement is filed and the licensing agency deter-
mines that the applicant has not actively engaged
in the practice of the
applicant’s profession while on active duty, then the licensing agency may
require the applicant to pass an examination.
(d) Unless otherwise specifically provided in this code, any licensee or
registrant who, either part time or full time, practices in this state the
profession or vocation for which the licensee or registrant is licensed or
registered shall be required to maintain their license in good standing even
though the licensee or registrant is in military service.
For the purposes in this section, time spent by a licensee in receiving
treatment or hospitalization in any veterans’ facility during
which the licensee
is prevented from practicing the licensee’s profession or vocation shall be
excluded from said period of one year.
HISTORY:
Added Stats 1951 ch 185 § 2. Amended Stats 1953 ch 423 § 1; Stats 1961 ch 1253 § 1; Stats 2010
ch 389 § 1 (AB 2500), effective January 1, 2011; Stats 2011 ch 296 § 1 (AB 1023), effective January
1, 2012; Stats 2019 ch 351 § 17 (AB 496), effective January 1, 2020.
SUGGESTED FORMS
Application for Reinstatement of Expired License After Military Service
To: [specify agency], Department of Consumer Affairs.
The undersigned licensee of [specify agency] hereby applies pursuant to Section 114 of the
Business and Professions Code of the State of California for reinstatement of [his or her]
license. The applicant declares:1.The applicant entered active duty on in the United States
[specify branch of service]. On such date, applicant held a valid, unexpired [class
of license] issued by [specify agency]. Applicant served exclusively with such branch of the
2
BUSINESS & PROFESSIONS CODE § 114.3
armed forces of the United States until [at which time applicant returned to inactive
military service and was discharged therefrom, or at which time applicant was released from active
duty].2.During applicant’s period of active military service, the United States was engaged in a war
as defined by Section 114.5 of the Business and Professions Code of the State of California.3.Applicant
did not engage in any activity for which [his or her] license would have been required during
the aforementioned period.
Wherefore, applicant requests the reinstatement of [his or her] license without reexamina-
tion or payment of penalty fees or fees other than the regular renewal fee.
I
[certify or declare] under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
[Signature]
Supporting Affidavit to Accompany Application for Reinstatement of Expired License After
Military Service
[Venue]
The undersigned, , being duly sworn, deposes and says:1.Affiant entered the armed forces
of the United States on 2.At the time of affiant’s entrance into the armed forces, [he
or she] was the holder of a valid, renewable license to engage in the profession of [specify].
Such license had been issued by [specify board or commission], of the State of
California.3.Affiant’s service with the armed forces was with the [specify organization or
unit of the armed forces].4.Affiant was discharged from the armed forces of the United States on
, at 5.Affiant seeks a reinstatement of the aforementioned license and such
reinstatement is sought in accordance with the provisions of Section 114 of the Business and
Professions Code of the State of California.
[Signature and address]
License No. .
Dated .
[Jurat]
§ 114.3. Waiver of fees and requirements for active duty members of
armed forces and national guard
(a) Notwithstanding any other law, every board, as defined in Section 22,
within the department shall waive the renewal fees, continuing education
requirements, and other renewal requirements as determined by the board, if
any are applicable, for a licensee or registrant called to active duty as a
member of the United States Armed Forces or the California National Guard
if all of the following requirements are met:
(1) The licensee or registrant possessed a current and valid license with
the board at the time the licensee or registrant was called to active duty.
(2) The renewal requirements are waived only for the period during which
the licensee or registrant is on active duty service.
(3) Written documentation that substantiates the licensee or registrant’s
active duty service is provided to the board.
(b) For purposes of this section, the phrase “called to active duty” shall have
the same meaning as “active duty” as defined in Section 101 of Title 10 of the
United States Code and shall additionally include individuals who are on
active duty in the California National Guard, whether due to proclamation of
a state of insurrection pursuant to Section 143 of the Military and Veterans
Code or due to a proclamation of a state extreme emergency or when the
California National Guard is otherwise on active duty pursuant to Section 146
of the Military and Veterans Code.
(c)(1) Except as specified in paragraph (2), the licensee or registrant shall
not engage in any activities requiring a license during the period that the
waivers provided by this section are in effect.
Bus. & Prof. Code
3
Bus. & Prof. Code
§ 114.5 BUSINESS & PROFESSIONS CODE
(2) If the licensee or registrant will provide services for which the licensee
or registrant is licensed while on active duty, the board shall convert the
license status to military active and no private practice of any type shall be
permitted.
(d) In order to engage in any activities for which the licensee or registrant is
licensed once discharged from active duty, the licensee or registrant shall meet
all necessary renewal requirements as determined by the board within six
months from the licensee’s or registrant’s date of discharge from active duty
service.
(e) After a licensee or registrant receives notice of the licensee or registrant’s
discharge date, the licensee or registrant shall notify the board of their
discharge from active duty within 60 days of receiving their notice of discharge.
(f) A board may adopt regulations to carry out the provisions of this section.
(g) This section shall not apply to any board that has a similar license
renewal waiver process statutorily authorized for that board.
HISTORY:
Added Stats 2012 ch 742 § 1 (AB 1588), effective January 1, 2013. Amended Stats 2019 ch 351 § 18
(AB 496), effective January 1, 2020; Stats 2022 ch 386 § 1 (SB 1237), effective January 1, 2023.
§ 114.5. Military service; Posting of information on Web site about
application of military experience and training towards licensure
(a) Each board shall inquire in every application for licensure if the
individual applying for licensure is serving in, or has previously served in, the
military.
(b) If a board’s governing law authorizes veterans to apply military experi-
ence and training towards licensure requirements, that board shall post
information on the board’s Internet Web site about the ability of veteran
applicants to apply military experience and training towards licensure re-
quirements.
HISTORY:
Added Stats 2013 ch 693 § 1 (AB 1057), effective January 1, 2014. Amended Stats 2016 ch 174 § 1
(SB 1348), effective January 1, 2017.
§ 115. Applicability of Section 114
The provisions of Section 114 of this code are also applicable to a licensee or
registrant whose license or registration was obtained while in the armed
services.
HISTORY:
Added Stats 1951 ch 1577 § 1.
§ 115.4. Licensure process expedited for honorably discharged vet-
erans of Armed Forces
(a) Notwithstanding any other law, on and after July 1, 2016, a board within
the department shall expedite, and may assist, the initial licensure process for
an applicant who supplies satisfactory evidence to the board that the applicant
has served as an active duty member of the Armed Forces of the United States
and was honorably discharged.
(b) A board may adopt regulations necessary to administer this section.
4
BUSINESS & PROFESSIONS CODE §118
HISTORY:
Added Stats 2014 ch 657 § 1 (SB 1226), effective January 1, 2015.
§ 115.5. Board required to expedite licensure process for certain ap-
plicants; Adoption of regulations [Repealed]
HISTORY:
Added Stats 2012 ch 399 § 1 (AB 1904), effective January 1, 2013. Amended Stats 2019 ch 351 § 19
(AB 496), effective January 1, 2020; Stats 2021 ch 367 § 1 (SB 607), effective January 1, 2022,
repealed July 1, 2022.
§ 115.5. Board required to expedite licensure process for certain ap-
plicants; Adoption of regulations
(a) A board within the department shall expedite the licensure process and
waive the licensure application fee and the initial or original license fee
charged by the board for an applicant who meets both of the following
requirements:
(1) Supplies evidence satisfactory to the board that the applicant is
married to, or in a domestic partnership or other legal union with, an active
duty member of the Armed Forces of the United States who is assigned to a
duty station in this state under official active duty military orders.
(2) Holds a current license in another state, district, or territory of the
United States in the profession or vocation for which the applicant seeks a
license from the board.
(b) A board may adopt regulations necessary to administer this section.
(c) This section shall become operative on July 1, 2022.
HISTORY:
Added Stats 2021 ch 367 § 2 (SB 607), effective January 1, 2022, operative July 1, 2022.
§ 118. Effect of withdrawal of application; Effect of suspension, for-
feiture, etc., of license
(a) The withdrawal of an application for a license after it has been filed with
a board in the department shall not, unless the board has consented in writing
to such withdrawal, deprive the board of its authority to institute or continue
a proceeding against the applicant for the denial of the license upon any
ground provided by law or to enter an order denying the license upon any such
ground.
(b) The suspension, expiration, or forfeiture by operation of law of a license
issued by a board in the department, or its suspension, forfeiture, or cancel-
lation by order of the board or by order of a court of law, or its surrender
without the written consent of the board, shall not, during any period in which
it may be renewed, restored, reissued, or reinstated, deprive the board of its
authority to institute or continue a disciplinary proceeding against the licensee
upon any ground provided by law or to enter an order suspending or revoking
the license or otherwise taking disciplinary action against the licensee on any
such ground.
(c) As used in this section, “board” includes an individual who is authorized
by any provision of this code to issue, suspend, or revoke a license, and
“license” includes “certificate,” “registration,” and “permit.”
Bus. & Prof. Code
5
Bus. & Prof. Code
§ 119 BUSINESS & PROFESSIONS CODE
HISTORY:
Added Stats 1961 ch 1079 § 1.
§ 119. Misdemeanors pertaining to use of licenses
Any person who does any of the following is guilty of a misdemeanor:
(a) Displays or causes or permits to be displayed or has in the person’s
possession either of the following:
(1) A canceled, revoked, suspended, or fraudulently altered license.
(2) A fictitious license or any document simulating a license or purport-
ing to be or have been
issued as a license.
(b) Lends the person’s license to any other person or knowingly permits
the use thereof by another.
(c) Displays or represents any license not issued to the person as being the
person’s license.
(d) Fails or
refuses to surrender to the issuing authority upon its lawful
written demand any license, registration, permit,
or certificate which has
been suspended, revoked, or canceled.
(e) Knowingly permits any unlawful use of a license issued to the person.
(f) Photographs, photostats, duplicates, manufactures, or in any way
reproduces any license or facsimile thereof
in a manner that it could be
mistaken for a valid license, or displays or has in the person’s possession any
such photograph, photostat, duplicate, reproduction, or facsimile unless
authorized by this code.
(g) Buys or receives a fraudulent, forged, or counterfeited license knowing
that it is fraudulent, forged, or
counterfeited. For purposes of this subdivi-
sion, “fraudulent” means containing any misrepresentation of fact.
As used in this section, “license” includes “certificate,” “permit,” “authority,”
and “registration” or any other indicia
giving authorization to engage in a
business or profession regulated by this code or referred to in Section 1000 or
3600.
HISTORY:
Added Stats 1965 ch 1083 § 1. Amended Stats 1990 ch 350 § 1 (SB 2084) (ch 1207 prevails), ch 1207
§ 1 (AB 3242); Stats 1994 ch 1206 § 1 (SB 1775); Stats 2000 ch 568 § 1 (AB 2888); Stats 2019 ch 351
§ 22 (AB 496), effective January 1, 2020.
§ 121. Practice during period between renewal and receipt of evi-
dence of renewal
No licensee who has complied with the provisions of this code relating to the
renewal of the licensee’s license prior to expiration of such license shall be
deemed to be engaged illegally in the practice of the licensee’s business or
profession during any period between such renewal and receipt of evidence of
such renewal which may occur due to delay not the fault of the applicant.
As used in this section, “license” includes “certificate,” “permit,” “authoriza-
tion,” and “registration,” or any other indicia giving authorization, by any
agency, board, bureau, commission, committee, or entity within the Depart-
ment of Consumer Affairs, to engage in a business or profession regulated by
this code or by the board referred to in the Chiropractic Act or the Osteopathic
Act.
HISTORY:
Added Stats 1979 ch 77 § 1. Amended Stats 2019 ch 351 § 24 (AB 496), effective January 1, 2020.
6
BUSINESS & PROFESSIONS CODE § 123
§ 121.5. Application of fees to licenses or registrations lawfully inac-
tivated
Except as otherwise provided in this code, the application of delinquency fees
or accrued and unpaid renewal fees for the renewal of expired licenses or
registrations shall not apply to licenses or registrations that have lawfully
been designated as inactive or retired.
HISTORY:
Added Stats 2001 ch 435 § 1 (SB 349).
§ 123. Conduct constituting subversion of licensing examination;
Penalties and damages
It is a misdemeanor for any person to engage in any conduct which subverts
or attempts to subvert any licensing examination or the administration of an
examination, including, but not limited to:
(a) Conduct which violates the security of the examination materials;
removing from the examination room any examination materials without
authorization; the unauthorized reproduction by any means of any portion of
the actual licensing examination; aiding by any means the unauthorized
reproduction of any portion of the actual licensing examination; paying or
using professional or paid examination-takers for the purpose of reconstruct-
ing any portion of the licensing examination; obtaining examination ques-
tions or other examination material, except by specific authorization either
before, during, or after an examination; or using or purporting to use any
examination questions or materials which were improperly removed or
taken from any examination for the purpose of instructing or preparing any
applicant for examination; or selling, distributing, buying, receiving, or
having unauthorized possession of any portion of a future, current, or
previously administered licensing examination.
(b) Communicating with any other examinee during the administration of
a licensing examination; copying answers from another examinee or permit-
ting one’s answers to be copied by another examinee; having in one’s
possession during the administration of the licensing examination any
books, equipment, notes, written or printed materials, or data of any kind,
other than the examination materials distributed, or otherwise authorized
to be in one’s possession during the examination; or impersonating any
examinee or having an impersonator take the licensing examination on one’s
behalf.
Nothing in this section shall preclude prosecution under the authority
provided for in any other provision of law.
In addition to any other penalties, a person found guilty of violating this
section, shall be liable for the actual damages sustained by the agency
administering the examination not to exceed ten thousand dollars ($10,000)
and the costs of litigation.
(c) If any provision of this section or the application thereof to any person
or circumstances is held invalid, that invalidity shall not affect other
provisions or applications of the section that can be given effect without the
invalid provision or application, and to this end the provisions of this section
are severable.
7
Bus. & Prof. Code
Bus. & Prof. Code
§ 123.5 BUSINESS & PROFESSIONS CODE
HISTORY:
Added Stats 1989 ch 1022 § 1. Amended Stats 1991 ch 647 § 1 (SB 879).
§ 123.5. Enjoining violations
Whenever any person has engaged, or is about to engage, in any acts or
practices which constitute, or will constitute, a violation of Section 123, the
superior court in and for the county wherein the acts or practices take place, or
are about to take place, may issue an injunction, or other appropriate order,
restraining such conduct on application of a board, the Attorney General or the
district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (com-
mencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
The remedy provided for by this section shall be in addition to, and not a
limitation on, the authority provided for in any other provision of law.
HISTORY:
Added Stats 1983 ch 95 § 2, asB&PC§ 497. Amended and renumbered by Stats 1989 ch 1022 §
4.
§ 125. Misdemeanor offenses by licensees
Any person, licensed under Division 1 (commencing with Section 100),
Division 2 (commencing with Section 500), or Division 3 (commencing with
Section 5000) is guilty of a misdemeanor and subject to the disciplinary
provisions of this code applicable to them, who conspires with a person not so
licensed to violate any provision of this code, or who, with intent to aid or assist
that person in violating those provisions does either of the following:
(a) Allows their license to be used by that person.
(b) Acts as their agent or partner.
HISTORY:
Added Stats 1949 ch 308 § 1. Amended Stats 1994 ch 1206 § 2 (SB 1775); Stats 2019 ch 351 § 26
(AB 496), effective January 1, 2020.
§ 125.6. Unlawful discrimination by licensees
(a)(1) With regard to an applicant, every person who holds a license under
the provisions of this code is subject to disciplinary action under the
disciplinary provisions of this code applicable to that person if, because of
any characteristic listed or defined in subdivision (b) or (e) of Section 51 of
the Civil Code, the person refuses to perform the licensed activity or aids or
incites the refusal to perform that licensed activity by another licensee, or if,
because of any characteristic listed or defined in subdivision (b) or (e) of
Section 51 of the Civil Code, the person makes any discrimination, or
restriction in the performance of the licensed activity.
(2) Nothing in this section shall be interpreted to prevent a physician or
health care professional licensed pursuant to Division 2 (commencing with
Section 500) from considering any of the characteristics of a patient listed in
subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is
medically necessary and for the sole purpose of determining the appropriate
diagnosis or treatment of the patient.
(3) Nothing in this section shall be interpreted to apply to discrimination
by employers with regard to employees or prospective employees, nor shall
8
BUSINESS & PROFESSIONS CODE § 129
this section authorize action against any club license issued pursuant to
Article 4 (commencing with Section 23425) of Chapter 3 of Division 9
because of discriminatory membership policy.
(4) The presence of architectural barriers to an individual with physical
disabilities that conform to applicable state or local building codes and
regulations shall not constitute discrimination under this section.
(b)(1) Nothing in this section requires a person licensed pursuant to Divi-
sion 2 (commencing with Section 500) to permit an individual to participate
in, or benefit from, the licensed activity of the licensee where that individual
poses a direct threat to the health or safety of others. For this purpose, the
term “direct threat” means a significant risk to the health or safety of others
that cannot be eliminated by a modification of policies, practices, or proce-
dures or by the provision of auxiliary aids and services.
(2) Nothing in this section requires a person licensed pursuant to Division
2 (commencing with Section 500) to perform
a licensed activity for which the
person is not qualified to perform.
(c)(1) “Applicant,” as used in this section, means a person applying for
licensed services provided by a person licensed under this code.
(2) “License,” as used in this section, includes “certificate,” “permit,”
“authority,” and “registration” or any other indicia giving authorization to
engage in a business or profession regulated by this code.
Pr & Bus.
HISTORY:
Added Stats 1974 ch 1350 § 1. Amended Stats 1977 ch 293 § 1; Stats 1980 ch 191 § 1; Stats 1992
ch 913 § 2 (AB 1077); Stats 2007 ch 568 § 2 (AB 14), effective January 1, 2008; Stats 2019 ch 351 §
28 (AB 496), effective January 1, 2020.
§ 128. Sale of equipment, supplies, or services for use in violation of
licensing requirements
Notwithstanding any other provision of law, it is a misdemeanor to sell
equipment, supplies, or services to any person with knowledge that the
equipment, supplies, or services are to be used in the performance of a service
or contract in violation of the licensing requirements of this code.
The provisions of this section shall not be applicable to cash sales of less than
one hundred dollars ($100).
For the purposes of this section, “person” includes, but is not limited to, a
company, partnership, limited liability company, firm, or corporation.
For the purposes of this section, “license” includes certificate or registration.
A violation of this section shall be punishable by a fine of not less than one
thousand dollars ($1,000) and by imprisonment in the county jail not exceeding
six months.
HISTORY:
Added Stats 1971 ch 1052 § 1. Amended Stats 1994 ch 1010 § 1 (SB 2053).
§ 129. Handling of complaints; Reports to Legislature
(a) As used in this section, “board” means every board, bureau, commission,
committee, and similarly constituted agency in the department that issues
licenses.
(b) Each board shall, upon receipt of any complaint respecting an individual
licensed by the board, notify the complainant of the initial administrative
9
of. Code
Bus. & Prof. Code
§ 136 BUSINESS & PROFESSIONS CODE
action taken on the complainant’s complaint within 10 days of receipt. Each
board shall notify the complainant of the final action taken on the complain-
ant’s complaint. There shall be a notification made in every case in which the
complainant is known. If the complaint is not within the jurisdiction of the
board or if the board is unable to dispose satisfactorily of the complaint, the
board shall transmit the complaint together with any evidence or information
it has concerning the complaint to the agency, public or private, whose
authority in the opinion of the board will provide the most effective means to
secure the relief sought. The board shall notify the complainant of this action
and of any other means that may be available to the complainant to secure
relief.
(c) The board shall, when the board deems it appropriate, notify the person
against whom the complaint is made of the nature of the complaint, may
request appropriate relief for the complainant, and may meet and confer with
the complainant and the licensee in order to mediate the complaint. Nothing in
this subdivision shall be construed as authorizing or requiring any board to set
or to modify any fee charged by a licensee.
(d) It shall be the continuing duty of the board to ascertain patterns of
complaints and to report on all actions taken with respect to those patterns of
complaints to the director and to the Legislature at least once per year. The
board shall evaluate those complaints dismissed for lack of jurisdiction or no
violation and recommend to the director and to the Legislature at least once
per year the statutory changes it deems necessary to implement the board’s
functions and responsibilities under this section.
(e) It shall be the continuing duty of the board to take whatever action it
deems necessary, with the approval of the director, to inform the public of its
functions under this section.
(f) Notwithstanding any other law, upon receipt of a child custody evalua-
tion report submitted to a court pursuant to Chapter 6 (commencing with
Section 3110) of Part 2 of Division 8 of the Family Code, the board shall notify
the noncomplaining party in the underlying custody dispute, who is a subject
of that report, of the pending investigation.
HISTORY:
Added Stats 1972 ch 1041 § 1. Amended Stats 2014 ch 283 § 1 (AB 1843), effective January 1, 2015;
Stats 2019 ch 351 § 31 (AB 496), effective January 1, 2020.
§ 136. Notification of change of address; Punishment for failure to
comply
(a) Each person holding a license, certificate, registration, permit, or other
authority to engage in a profession or occupation issued by a board within the
department shall notify the issuing board at its principal office of any change
in the person’s mailing address within 30 days after the change, unless the
board has specified by regulations a shorter time period.
(b) Except as otherwise provided by law, failure of a licensee to comply with
the requirement in subdivision (a) constitutes grounds for the issuance of a
citation and administrative fine, if the board has the authority to issue
citations and administrative fines.
HISTORY:
Added Stats 1994 ch 26 § 7 (AB 1807), effective March 30, 1994. Amended Stats 2019 ch 351 § 34
(AB 496), effective January 1, 2020.
10
BUSINESS & PROFESSIONS CODE § 141
§ 138. Notice that practitioner is licensed; Evaluation of licensing
examination
Every board in the department, as defined in Section 22, shall initiate the
process of adopting regulations on or before June 30, 1999, to require its
licensees, as defined in Section 23.8, to provide notice to their clients or
customers that the practitioner is licensed by this state. A board shall be
exempt from the requirement to adopt regulations pursuant to this section if
the board has in place, in statute or regulation, a requirement that provides for
consumer notice of a practitioner’s status as a licensee of this state.
HISTORY:
Added Stats 1998 ch 879 § 1 (SB 2238). Amended Stats 1999 ch 67 § 1 (AB 1105), effective July 6,
1999; Stats 2019 ch 351 § 36 (AB 496), effective January 1, 2020.
§ 140. Disciplinary action; Licensee’s failure to record cash transac-
tions in payment of employee wages
Any board, as defined in Section 22, which is authorized under this code to
take disciplinary action against a person who holds a license may take
disciplinary action upon the ground that the licensee has failed to record and
preserve for not less than three years, any and all cash transactions involved
in the payment of employee wages by a licensee. Failure to make these records
available to an authorized representative of the board may be made grounds
for disciplinary action. In any action brought and sustained by the board which
involves a violation of this section and any regulation adopted thereto, the
board may assess the licensee with the actual investigative costs incurred, not
to exceed two thousand five hundred dollars ($2,500). Failure to pay those costs
may result in revocation of the license. Any moneys collected pursuant to this
section shall be deposited in the respective fund of the board.
HISTORY:
Added Stats 1984 ch 1490 § 2, effective September 27, 1984.
§ 141. Disciplinary action by foreign jurisdiction; Grounds for disci-
plinary action by state licensing board
(a) For any licensee holding a license issued by a board under the jurisdic-
tion of the department, a disciplinary action taken by another state, by any
agency of the federal government, or by another country for any act substan-
tially related to the practice regulated by the California license, may be a
ground for disciplinary action by the respective state licensing board. A
certified copy of the record of the disciplinary action taken against the licensee
by another state, an agency of the federal government, or another country shall
be conclusive evidence of the events related therein.
(b) Nothing in this section shall preclude a board from applying a specific
statutory provision in the licensing act administered by that board that
provides for discipline based upon a disciplinary action taken against the
licensee by another state, an agency of the federal government, or another
country.
HISTORY:
Added Stats 1994 ch 1275 § 2 (SB 2101).
11
Bus. & Prof. Code
Bus. & Prof. Code
§ 142 BUSINESS & PROFESSIONS CODE
§ 142. Authority to synchronize renewal dates of licenses; Abandon-
ment date for application; Delinquency fee
This section shall apply to the bureaus and programs under the direct
authority of the director, and to any board that, with the prior approval of the
director, elects to have the department administer one or more of the licensing
services set forth in this section.
(a) Notwithstanding any other provision of law, each bureau and program
may synchronize the renewal dates of licenses granted to applicants with
more than one license issued by the bureau or program. To the extent
practicable, fees shall be prorated or adjusted so that no applicant shall be
required to pay a greater or lesser fee than he or she would have been
required to pay if the change in renewal dates had not occurred.
(b) Notwithstanding any other provision of law, the abandonment date for
an application that has been returned to the applicant as incomplete shall be
12 months from the date of returning the application.
(c) Notwithstanding any other provision of law, a delinquency, penalty, or
late fee shall be assessed if the renewal fee is not postmarked by the renewal
expiration date.
HISTORY:
Added Stats 1998 ch 970 § 2 (AB 2802).
§ 143.5. Provision in agreements to settle certain causes of action
prohibited; Adoption of regulations; Exemptions
(a) No licensee who is regulated by a board, bureau, or program within the
Department of Consumer Affairs, nor an entity or person acting as an
authorized agent of a licensee, shall include or permit to be included a
provision in an agreement to settle a civil dispute, whether the agreement is
made before or after the commencement of a civil action, that prohibits the
other party in that dispute from contacting, filing a complaint with, or
cooperating with the department, board, bureau, or program within the
Department of Consumer Affairs that regulates the licensee or that requires
the other party to withdraw a complaint from the department, board, bureau,
or program within the Department of Consumer Affairs that regulates the
licensee. A provision of that nature is void as against public policy, and any
licensee who includes or permits to be included a provision of that nature in a
settlement agreement is subject to disciplinary action by the board, bureau, or
program.
(b) Any board, bureau, or program within the Department of Consumer
Affairs that takes disciplinary action against a licensee or licensees based on a
complaint or report that has also been the subject of a civil action and that has
been settled for monetary damages providing for full and final satisfaction of
the parties may not require its licensee or licensees to pay any additional sums
to the benefit of any plaintiff in the civil action.
(c) As used in this section, “board” shall have the same meaning as defined
in Section 22, and “licensee” means a person who has been granted a license,
as that term is defined in Section 23.7.
(d) Notwithstanding any other law, upon granting a petition filed by a
licensee or authorized agent of a licensee pursuant to Section 11340.6 of the
Government Code, a board, bureau, or program within the Department of
12
BUSINESS & PROFESSIONS CODE § 144
Consumer Affairs may, based upon evidence and legal authorities cited in the
petition, adopt a regulation that does both of the following:
(1) Identifies a code section or jury instruction in a civil cause of action
that has no relevance to the board’s, bureau’s, or program’s enforcement
responsibilities such that an agreement to settle such a cause of action based
on that code section or jury instruction otherwise prohibited under subdivi-
sion (a) will not impair the board’s, bureau’s, or program’s duty to protect the
public.
(2) Exempts agreements to settle such a cause of action from the require-
ments of subdivision (a).
(e) This section shall not apply to a licensee subject to Section 2220.7.
HISTORY:
Added Stats 2012 ch 561 § 1 (AB 2570), effective January 1, 2013.
§ 144. Requirement of fingerprints for criminal record checks; Ap-
plicability
(a) Notwithstanding any other law, an agency designated in subdivision (b)
shall require an applicant to furnish to the agency a full set of fingerprints for
purposes of conducting criminal history record checks. Any agency designated
in subdivision (b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States Federal
Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) Dental Board of California.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians of the State
of California.
(10) Respiratory Care Board of
California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Board.
(13) Speech-Language Pathology and Audiology and Hearing Aid Dis-
pensers Board.
(14) Medical Board of California.
(15) California State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors State License Board.
(24) Naturopathic Medicine Committee.
13
Bus. & Prof. Code
Bus. & Prof. Code
§ 144.5 BUSINESS & PROFESSIONS CODE
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Podiatric Medical Board of California.
(28) Osteopathic Medical Board of California.
(29) California Architects Board, beginning January 1, 2021.
(30) Landscape Architects Technical Committee, beginning January 1,
2022.
(31) Bureau of Household Goods
and Services with respect to household
movers as described in Chapter 3.1 (commencing with Section 19225) of
Division 8.
(c) For purposes of paragraph (26) of subdivision (b), the term “applicant”
shall be limited to an initial applicant who has never been registered or
licensed by the board or to an applicant for a new licensure or registration
category.
HISTORY:
Added Stats 1997 ch 758 § 2 (SB 1346). Amended Stats 2000 ch 697 § 1.2 (SB 1046), operative
January 1, 2001; Stats 2001 ch 159 § 4 (SB 662), Stats 2001 ch 687 § 2 (AB 1409) (ch 687 prevails);
Stats 2002 ch 744 § 1 (SB 1953), Stats 2002 ch 825 § 1 (SB 1952); Stats 2003 ch 485 § 2 (SB 907), Stats
2003 ch 789 § 1 (SB 364), Stats 2003 ch 874 § 1 (SB 363); Stats 2004 ch 909 § 1.2 (SB 136), effective
September 30, 2004; Stats 2009 ch 308 § 4 (SB 819), effective January 1, 2010; Stats 2011 ch 448 §
1 (SB 543), effective January 1, 2012; Stats 2015 ch 719 § 1 (SB 643), effective January 1, 2016; Stats
2016 ch 32 § 3 (SB 837), effective June 27, 2016; Stats 2017 ch 775 § 3 (SB 798), effective January 1,
2018; Stats 2018 ch6§1(AB 106), effective March 13, 2018; Stats 2019 ch 351 § 37 (AB 496), effective
January 1, 2020; Stats 2019 ch 376 § 1 (SB 608), effective January 1, 2020; Stats 2019 ch 865 § 1.3
(AB 1519), effective January 1, 2020 (ch 865 prevails); Stats 2020 ch 312 § 5 (SB 1474), effective
January 1, 2021; Stats 2021 ch 70 § 3 (AB 141), effective July 12, 2021; Stats 2021 ch 188 § 2 (SB 826),
effective January 1, 2022; Stats 2021 ch 630 § 4.5 (AB 1534), effective January 1, 2022 (ch 630
prevails).
§ 144.5. Board authority
Notwithstanding any other law, a board described in Section 144 may
request, and is authorized to receive, from a local or state agency certified
records of all arrests and convictions, certified records regarding probation,
and any and all other related documentation needed to complete an applicant
or licensee investigation. A local or state agency may provide those records to
the board upon request.
HISTORY:
Added Stats 2013 ch 516 § 1 (SB 305), effective January 1, 2014.
CHAPTER 7
LICENSEE
HISTORY: Added Stats 1967 ch 1095 § 1.
§ 460. Powers of local governmental entities
(a) No city, county, or city and county shall prohibit a person or group of
persons, authorized by one of the agencies in the Department of Consumer
Affairs or an entity established pursuant to this code by a license, certificate,
or other means to engage in a particular business, from engaging in that
14
BUSINESS & PROFESSIONS CODE § 462
business, occupation, or profession or any portion of that business, occupation,
or profession.
(b)(1) No city, county, or city and county shall prohibit a healing arts
professional licensed with the state under Division 2 (commencing with
Section 500) or licensed or certified by an entity established pursuant to this
code from engaging in any act or performing any procedure that falls within
the professionally recognized scope of practice of that licensee.
(2) This subdivision shall not be construed to prohibit the enforcement of
a local ordinance in effect prior to January 1, 2010, related to any act or
procedure that falls within the professionally recognized scope of practice of
a healing arts professional licensed under Division 2 (commencing with
Section 500).
(c) This section shall not be construed to prevent a city, county, or city and
county from adopting or enforcing any local ordinance governing zoning,
business licensing, or reasonable health and safety requirements for establish-
ments or businesses of a healing arts professional licensed under Division 2
(commencing with Section 500) or licensed or certified by an entity established
under this code or a person or group of persons described in subdivision (a).
(d) Nothing in this section shall prohibit any city, county, or city and county
from levying a business license tax solely for revenue purposes, nor any city or
county from levying a license tax solely for the purpose of covering the cost of
regulation.
HISTORY:
Added Stats 1967 ch 1095 § 1. Amended Stats 1971 ch 716 § 24; Stats 2009 ch 16 § 1 (SB 762),
effective January 1, 2010; Stats 2014 ch 406 § 1 (AB 1147), effective January 1, 2015.
§ 461. Asking applicant to reveal arrest record prohibited
No public agency, state or local, shall, on an initial application form for any
license, certificate or registration, ask for or require the applicant to reveal a
record of arrest that did not result in a conviction or a plea of nolo contendere.
A violation of this section is a misdemeanor.
This section shall apply in the case of any license, certificate or registration
provided for by any law of this state or local government, including, but not
limited to, this code, the Corporations Code, the Education Code, and the
Insurance Code.
HISTORY:
Added Stats 1975 ch 883 § 1.
§ 462. Inactive category of licensure
(a) Any of the boards, bureaus, commissions, or programs within the
department may establish, by regulation, a system for an inactive category of
licensure for persons who are not actively engaged in the practice of their
profession or vocation.
(b) The regulation shall contain the following provisions:
(1) The holder of an inactive license issued pursuant to this section shall
not engage in any activity for which a license is required.
(2) An inactive license issued pursuant to this section shall be renewed
during the same time period in which an active license is renewed. The
Bus. & Prof. Code
15
Bus. & Prof. Code
§ 464 BUSINESS & PROFESSIONS CODE
holder of an inactive license need not comply with any continuing education
requirement for renewal of an active license.
(3) The renewal fee for a license in an active status shall apply also for a
renewal of a license in an inactive status, unless a lesser renewal fee is
specified by the board.
(4) In order for the holder of an inactive license issued pursuant to this
section to restore his or her
license to an active status, the holder of an
inactive license shall comply with all the following:
(A) Pay the renewal fee.
(B) If the board requires completion of continuing education for renewal
of an active license, complete continuing education equivalent to that
required for renewal of an active license, unless a different requirement is
specified by the board.
(c) This section shall not apply to any healing arts board as specified in
Section 701.
HISTORY:
Added Stats 1994 ch 26 § 14 (AB 1807), effective March 30, 1994.
§ 464. Retired category of licensure
(a) Any of the boards within the department may establish, by regulation, a
system for a retired category of licensure for persons who are not actively
engaged in the practice of their profession or vocation.
(b) The regulation shall contain the following:
(1) A retired license shall be issued to a person with either an active
license or an inactive license that was not placed on inactive status for
disciplinary reasons.
(2) The holder of a retired license issued pursuant to this section shall not
engage in any activity for which a license is required, unless the board, by
regulation, specifies the criteria for a retired licensee to practice his or her
profession or vocation.
(3) The holder of a retired license shall not be required to renew that
license.
(4) The board shall establish an appropriate application fee for a retired
license to cover the reasonable regulatory cost of issuing a retired license.
(5) In order for the holder of a retired license issued pursuant to this
section to restore his or her license to an active status, the holder of that
license shall meet all the following:
(A) Pay a fee established by statute or regulation.
(B) Certify, in a manner satisfactory to the board, that he or she has not
committed an act or crime constituting grounds for denial of licensure.
(C) Comply with the fingerprint submission requirements established
by regulation.
(D) If the board requires completion of continuing education for renewal
of an active license, complete continuing education equivalent to that
required for renewal of an active license, unless a different requirement is
specified by the board.
(E) Complete any other requirements as specified by the board by
regulation.
16
BUSINESS & PROFESSIONS CODE § 476
(c) A board may upon its own determination, and shall upon receipt of a
complaint from any person, investigate the actions of any licensee, including a
person with a license that either restricts or prohibits the practice of that
person in his or her profession or vocation, including, but not limited to, a
license that is retired, inactive, canceled, revoked, or suspended.
(d) Subdivisions (a) and (b) shall not apply to a board that has other
statutory authority to establish a retired license.
HISTORY:
Added Stats 2016 ch 473 § 1 (AB 2859), effective January 1, 2017.
DIVISION 1.5
DENIAL, SUSPENSION AND REVOCATION OF
LICENSES
HISTORY: Added Stats 1972 ch 903 § 1.
CHAPTER 1
GENERAL PROVISIONS
HISTORY: Added Stats 1972 ch 903 § 1.
§ 475. Applicability of division
(a) Notwithstanding any other provisions of this code, the provisions of this
division shall govern the denial of licenses on the grounds of:
(1) Knowingly making a false statement of material fact, or knowingly
omitting to state a material fact, in an application for a license.
(2) Conviction of a crime.
(3) Commission of any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or substantially injure
another.
(4) Commission of any act which, if done by a licentiate of the business or
profession in question, would be grounds for suspension or revocation of
license.
(b) Notwithstanding any other provisions of this code, the provisions of this
division shall govern the suspension and revocation of licenses on grounds
specified in paragraphs (1) and (2) of subdivision (a).
(c) A license shall not be denied, suspended, or revoked on the grounds of a
lack of good moral character or any similar ground relating to an applicant’s
character, reputation, personality, or habits.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 1; Stats 1992 ch 1289 § 5 (AB 2743).
§ 476. Exemptions
(a) Except as provided in subdivision (b), nothing in this division shall apply
to the licensure or registration of persons pursuant to Chapter 4 (commencing
17
Bus. & Prof. Code
Bus. & Prof. Code
§ 477 BUSINESS & PROFESSIONS CODE
with Section 6000) of Division 3, or pursuant to Division 9 (commencing with
Section 23000) or pursuant to Chapter 5 (commencing with Section 19800) of
Division 8.
(b) Section 494.5 shall apply to the licensure of persons authorized to
practice law pursuant to Chapter 4 (commencing with Section 6000) of Division
3, and the licensure or registration of persons pursuant to Chapter 5 (com-
mencing with Section 19800) of Division 8 or pursuant to Division 9 (commenc-
ing with Section 23000).
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1983 ch 721 § 1; Stats 2011 ch 455 § 2 (AB 1424),
effective January 1, 2012.
§ 477. “Board”; “License”
As used in this division:
(a) “Board” includes “bureau,” “commission,” “committee,” “department,”
“division,” “examining committee,” “program,” and “agency.”
(b) “License” includes certificate, registration or other means to engage in
a business or profession regulated by this code.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 2; Stats 1983 ch 95 § 1; Stats 1991 ch
654 § 5 (AB 1893).
§ 478. “Application”; “Material”
(a) As used in this division, “application” includes the original documents or
writings filed and any other supporting documents or writings including
supporting documents provided or filed contemporaneously, or later, in support
of the application whether provided or filed by the applicant or by any other
person in support of the application.
(b) As used in this division, “material” includes a statement or omission
substantially related to the qualifications, functions, or duties of the business
or profession.
HISTORY:
Added Stats 1992 ch 1289 § 6 (AB 2743).
CHAPTER 2
DENIAL OF LICENSES
HISTORY: Added Stats 1972 ch 903 § 1.
§ 480. Grounds for denial; Effect of obtaining certificate of rehabili-
tation [Repealed]
HISTORY:
Added Stats 1974 ch 1321 § 4. Amended Stats 1976 ch 947 § 1; Stats 1979 ch 876 § 2; Stats 2008
ch 179 § 2 (SB 1498), effective January 1, 2009; Stats 2014 ch 737 § 1 (AB 2396), effective January
1, 2015; Stats 2018 ch 995 § 3 (AB 2138), effective January 1, 2019, inoperative July 1, 2020, repealed
January 1, 2021; Stats 2019 ch 578 § 1 (AB 1076), effective January 1, 2020, inoperative July 1, 2020,
repealed January 1, 2021.
18
BUSINESS & PROFESSIONS CODE § 480
§ 480. Grounds for denial by board; Effect of obtaining certificate of
rehabilitation
(a) Notwithstanding any other provision of this code, a board may deny a
license regulated by this code on the grounds that the applicant has been
convicted of a crime or has been subject to formal discipline only if either of the
following conditions are met:
(1) The applicant has been convicted of a crime within the preceding seven
years from the date of application that is substantially related to the
qualifications, functions, or duties of the business or profession for which the
application is made, regardless of whether the applicant was incarcerated
for that crime, or the applicant has been convicted of a crime that is
substantially related to the qualifications, functions, or duties of the busi-
ness or profession for which the application is made and for which the
applicant is presently incarcerated or for which the applicant was released
from incarceration within the preceding seven years from the date of
application. However, the preceding seven-year limitation shall not apply in
either of the following situations:
(A) The applicant was convicted of a serious felony, as defined in Section
1192.7 of the Penal Code or a crime for which registration is required
pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the
Penal Code.
(B) The applicant was convicted of a financial crime currently classified
as a felony that is directly and adversely related to the fiduciary qualifi-
cations, functions, or duties of the business or profession for which the
application is made, pursuant to regulations adopted by the board, and for
which the applicant is seeking licensure under any of the following:
(i) Chapter 6 (commencing with Section 6500) of Division 3.
(ii) Chapter 9 (commencing with Section 7000) of Division 3.
(iii) Chapter 11.3 (commencing with Section 7512) of Division 3.
(iv) Licensure as a funeral director or cemetery manager under
Chapter 12 (commencing with Section 7600) of Division 3.
(v) Division 4 (commencing with Section 10000).
(2) The applicant has been subjected to formal discipline by a licensing
board in or outside California within the preceding seven years from the date
of application based on professional misconduct that would have been cause
for discipline before the board for which the present application is made and
that is substantially related to the qualifications, functions, or duties of the
business or profession for which the present application is made. However,
prior disciplinary action by a licensing board within the preceding seven
years shall not be the basis for denial of a license if the basis for that
disciplinary action was a conviction that has been dismissed pursuant to
Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code or
a comparable dismissal or expungement. Formal discipline that occurred
earlier than seven years preceding the date of application may be grounds
for denial of a license only if the formal discipline was for conduct that, if
committed in this state by a physician and surgeon licensed pursuant to
Chapter 5 (commencing with Section 2000) of Division 2, would have
constituted an act of sexual abuse, misconduct, or relations with a patient
pursuant to Section 726 or sexual exploitation as defined in subdivision (a)
of Section 729.
19
Bus. & Prof. Code
Bus. & Prof. Code
§ 480 BUSINESS & PROFESSIONS CODE
(b) Notwithstanding any other provision of this code, a person shall not be
denied a license on the basis that the person has been convicted of a crime, or
on the basis of acts underlying a conviction for a crime, if that person has
obtained a certificate of rehabilitation under Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted
clemency or a pardon by a state or federal executive, or has made a showing of
rehabilitation pursuant to Section 482.
(c) Notwithstanding any other provision of this code, a person shall not be
denied a license on the basis of any conviction, or on the basis of the acts
underlying the conviction, that has been dismissed pursuant to Section 1203.4,
1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code, or a comparable
dismissal or expungement. An applicant who has a conviction that has been
dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the
Penal Code shall provide proof of the dismissal if it is not reflected on the
report furnished by the Department of Justice.
(d) Notwithstanding any other provision of this code, a board shall not deny
a license on the basis of an arrest that resulted in a disposition other than a
conviction, including an arrest that resulted in an infraction, citation, or a
juvenile adjudication.
(e) A board may deny a license regulated by this code on the ground that the
applicant knowingly made a false statement of fact that is required to be
revealed in the application for the license. A board shall not deny a license
based solely on an applicant’s failure to disclose a fact that would not have been
cause for denial of the license had it been disclosed.
(f) A board shall follow the following procedures in requesting or acting on
an applicant’s criminal history information:
(1) A board issuing a license pursuant to Chapter 3 (commencing with
Section 5500), Chapter 3.5 (commencing with Section 5615), Chapter 10
(commencing with Section 7301), Chapter 20 (commencing with Section
9800), or Chapter 20.3 (commencing with Section 9880), of Division 3, or
Chapter 3 (commencing with Section 19000) or Chapter 3.1 (commencing
with Section 19225) of Division 8 may require applicants for licensure under
those chapters to disclose criminal conviction history on an application for
licensure.
(2) Except as provided in paragraph (1), a board shall not require an
applicant for licensure to disclose any information or documentation regard-
ing the applicant’s criminal history. However, a board may request mitigat-
ing information from an applicant regarding the applicant’s criminal history
for purposes of determining substantial relation or demonstrating evidence
of rehabilitation, provided that the applicant is informed that disclosure is
voluntary and that the applicant’s decision not to disclose any information
shall not be a factor in a board’s decision to grant or deny an application for
licensure.
(3) If a board decides to deny an application for licensure based solely or
in part on the applicant’s conviction history, the board shall notify the
applicant in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) Any existing procedure the board has for the applicant to challenge
the decision or to request reconsideration.
20
BUSINESS & PROFESSIONS CODE § 480.2
(C) That the applicant has the right to appeal the board’s decision.
(D) The processes for the applicant to request a copy of the applicant’s
complete conviction history and question the accuracy or completeness of
the record pursuant to Sections 11122 to 11127 of the Penal Code.
(g)(1) For a minimum of three years, each board under this code shall retain
application forms and other documents submitted by
an applicant, any
notice provided to an applicant, all other communications received from and
provided to an applicant, and criminal history reports of an applicant.
(2) Each board under this code shall retain the number of applications
received for each license and the number of applications requiring inquiries
regarding criminal history. In addition, each licensing authority shall retain
all of the following information:
(A) The number of applicants with a criminal record who received notice
of denial or disqualification of licensure.
(B) The number of applicants with a criminal record who provided
evidence of mitigation or rehabilitation.
(C) The number of applicants with a criminal record who appealed any
denial or disqualification of licensure.
(D) The final disposition and demographic information, consisting of
voluntarily provided information on race or gender, of any applicant
described in subparagraph (A), (B), or (C).
(3)(A) Each board under this code shall annually make available to the
public through the board’s internet website and through a report submit-
ted to the appropriate policy committees of the Legislature deidentified
information collected pursuant to this subdivision. Each board shall
ensure confidentiality of the individual applicants.
(B) A report pursuant to subparagraph (A) shall be submitted in
compliance with Section 9795 of the Government Code.
(h) “Conviction” as used in this section shall have the same meaning as
defined in Section 7.5.
(i) This section does not in any way modify or otherwise affect the existing
authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
HISTORY:
Added Stats 2018 ch 995 § 4 (AB 2138), effective January 1, 2019, operative July 1, 2020. Amended
Stats 2019 ch 359 § 1 (AB 1521), effective January 1, 2020, operative July 1, 2020; Stats 2019 ch 578
§ 2.5 (AB 1076), effective January 1, 2020, operative July 1, 2020 (ch 578 prevails); Stats 2022 ch 453
§ 1 (AB 1636), effective January 1, 2023.
§ 480.2. Grounds for denial of license by Bureau for Private Postsec-
ondary Education, State Athletic Commission, and California Horse
Racing Board
(a) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board may deny a license
regulated by it on the grounds that the applicant has one of the following:
(1) Been convicted of a crime.
(2) Done any act involving dishonesty, fraud, or deceit with the intent to
substantially benefit themselves or another, or substantially injure another.
21
Bus. & Prof. Code
Bus. & Prof. Code
§ 480.2 BUSINESS & PROFESSIONS CODE
(3)(A) Done any act that if done by a licentiate of the business or
profession in question, would be grounds for suspension or revocation of
license.
(B) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board may deny a license
pursuant to this subdivision only if the crime or act is substantially related
to the qualifications, functions, or duties of the business or profession for
which the application is made.
(b) Notwithstanding any other provision of this code, a person shall not be
denied a license solely on the basis that the person has been convicted of a
felony if that person has obtained a certificate of rehabilitation under Chapter
3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or
that the person has been convicted of a misdemeanor if the person has met all
applicable requirements of the criteria of rehabilitation developed by the
Bureau for Private Postsecondary Education, the State Athletic Commission,
and the California Horse Racing Board to evaluate the rehabilitation of a
person when considering the denial of a license under paragraph (1) of
subdivision (f).
(c) Notwithstanding any other provisions of this code, a person shall not be
denied a license by the Bureau for Private Postsecondary Education, the State
Athletic Commission, or the California Horse Racing Board solely on the basis
of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a,
1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that
has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the
Penal Code shall provide proof of the dismissal.
(d) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board may deny a license
regulated by it on the ground that the applicant knowingly made a false
statement of fact that is required to be revealed in the application for the
license.
(e) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board shall develop criteria to
aid it, when considering the denial, suspension, or revocation of a license, to
determine whether a crime or act is substantially related to the qualifications,
functions, or duties of the business or profession it regulates.
(f)(1) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board shall develop criteria to
evaluate the rehabilitation of a person either when:
(A) Considering the denial of a license under this section.
(B) Considering suspension or revocation of a license under Section 490.
(2) The Bureau for Private Postsecondary Education, the State Athletic
Commission, and the California Horse Racing Board shall take into account
all competent evidence of rehabilitation furnished by the applicant or
licensee.
(g) Except as otherwise provided by law, following a hearing requested by an
applicant pursuant to subdivision (b) of Section 485, the Bureau for Private
Postsecondary Education, the State Athletic Commission, and the California
Horse Racing Board may take any of the following actions:
(1) Grant the license effective upon completion of all licensing require-
ments by the applicant.
22
BUSINESS & PROFESSIONS CODE § 480.5
(2) Grant the license effective upon completion of all licensing require-
ments by the applicant, immediately revoke the license, stay the revocation,
and impose probationary conditions on the license, which may include
suspension.
(3) Deny the license.
(4) Take other action in relation to denying or granting the license as the
Bureau for Private Postsecondary Education, the State Athletic Commis-
sion, or the California Horse Racing Board, in its discretion, may deem
proper.
(h) Notwithstanding any other law, in a proceeding conducted by the Bureau
for Private Postsecondary Education, the State Athletic Commission, or the
California Horse Racing Board to deny an application for a license or to
suspend or revoke a license or otherwise take disciplinary action against a
person who holds a license, upon the ground that the applicant or the licensee
has been convicted of a crime substantially related to the qualifications,
functions, and duties of the licensee in question, the record of conviction of the
crime shall be conclusive evidence of the fact that the conviction occurred, but
only of that fact, and the Bureau for Private Postsecondary Education, the
State Athletic Commission, and the California Horse Racing Board may
inquire into the circumstances surrounding the commission of the crime in
order to fix the degree of discipline or to determine if the conviction is
substantially related to the qualifications, functions, and duties of the licensee
in question.
(i) Notwithstanding Section 7.5, a conviction within the meaning of this
section means a plea or verdict of guilty or a conviction following a plea of nolo
contendere. Any action that the Bureau for Private Postsecondary Education,
the State Athletic Commission, or the California Horse Racing Board is
permitted to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, the judgment of conviction has been
affirmed on appeal, or when an order granting probation is made suspending
the imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code.
(j) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2018 ch 995 § 5 (AB 2138), effective January 1, 2019, operative July 1, 2020. Amended
Stats 2019 ch 578 § 3 (AB 1076), effective January 1, 2020, operative July 1, 2020.
§ 480.5. Completion of licensure requirements while incarcerated
(a) An individual who has satisfied any of the requirements needed to obtain
a license regulated under this division while incarcerated, who applies for that
license upon release from incarceration, and who is otherwise eligible for the
license shall not be subject to a delay in processing his or her application or a
denial of the license solely on the basis that some or all of the licensure
requirements were completed while the individual was incarcerated.
(b) Nothing in this section shall be construed to apply to a petition for
reinstatement of a license or to limit the ability of a board to deny a license
pursuant to Section 480.
(c) This section shall not apply to the licensure of individuals under the
initiative act referred to in Chapter 2 (commencing with Section 1000) of
Division 2.
23
Bus. & Prof. Code
Bus. & Prof. Code
§ 481 BUSINESS & PROFESSIONS CODE
HISTORY:
Added Stats 2014 ch 410 § 1 (AB 1702), effective January 1, 2015.
§ 481. Crime and job-fitness criteria [Repealed]
HISTORY:
Added Stats 1974 ch 1321 § 6. Amended Stats 2018 ch 995 § 6 (AB 2138), effective January 1, 2019,
inoperative July 1, 2020, repealed January 1, 2021.
§ 481. Crime and job-fitness criteria
(a) Each board under this code shall develop criteria to aid it, when
considering the denial, suspension, or revocation of a license, to determine
whether a crime is substantially related to the qualifications, functions, or
duties of the business or profession it regulates.
(b) Criteria for determining whether a crime is substantially related to the
qualifications, functions, or duties of the business or profession a board
regulates shall include all of the following:
(1) The nature and gravity of the offense.
(2) The number of years elapsed since the date of the offense.
(3) The nature and duties of the profession in which the applicant seeks
licensure or in which the licensee is licensed.
(c) A board shall not deny a license based in whole or in part on a conviction
without considering evidence of rehabilitation submitted by an applicant
pursuant to any process established in the practice act or regulations of the
particular board and as directed by Section 482.
(d) Each board shall post on its Internet Web site a summary of the criteria
used to consider whether a crime is considered to be substantially related to
the qualifications, functions, or duties of the business or profession it regulates
consistent with this section.
(e) This section does not in any way modify or otherwise affect the existing
authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(f) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2018 ch 995 § 7 (AB 2138), effective January 1, 2019, operative July 1, 2020.
§ 482. Rehabilitation criteria [Repealed]
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 7; Stats 2018 ch 995 § 8 (AB 2138),
effective January 1, 2019, inoperative July 1, 2020, repealed January 1, 2021.
§ 482. Rehabilitation criteria
(a) Each board under this code shall develop criteria to evaluate the
rehabilitation of a person when doing either of the following:
(1) Considering the denial of a license by the board under Section 480.
(2) Considering suspension or revocation of a license under Section 490.
24
BUSINESS & PROFESSIONS CODE § 485
(b) Each board shall consider whether an applicant or licensee has made a
showing of rehabilitation if either of the following are met:
(1) The applicant or licensee has completed the criminal sentence at issue
without a violation of parole or probation.
(2) The board, applying its criteria for rehabilitation, finds that the
applicant is rehabilitated.
(c) This section does not in any way modify or otherwise affect the existing
authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(d) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2018 ch 995 § 9 (AB 2138), effective January 1, 2019, operative July 1, 2020.
§ 483. [Section renumbered 1987.]
HISTORY:
Added Stats 1986 ch 1205 § 1. Amended and renumberedB&PC§ 154.5 by Stats 1987 ch 850 §
8.
§ 484. Attestation to good moral character of applicant
No person applying for licensure under this code shall be required to submit
to any licensing board any attestation by other persons to his good moral
character.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.
§ 485. Procedure upon denial
Upon denial of an application for a license under this chapter or Section 496,
the board shall do either of the following:
(a) File and serve a statement of issues in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) Notify the applicant that the application is denied, stating (1) the
reason for the denial, and (2) that the applicant has the right to a hearing
under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code if written request for hearing is made within
60 days after service of the notice of denial. Unless written request for
hearing is made within the 60-day period, the applicant’s right to a hearing
is deemed waived.
Service of the notice of denial may be made in the manner authorized for
service of summons in civil actions, or by registered mail addressed to the
applicant at the latest address filed by the applicant in writing with the
board in his or her application or otherwise. Service by mail is complete on
the date of mailing.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1997 ch 758 § 2.3 (SB 1346).
Bus. & Prof. Code
25
Bus. & Prof. Code
§ 486 BUSINESS & PROFESSIONS CODE
§ 486. Contents of decision or notice
Where the board has denied an application for a license under this chapter
or Section 496, it shall, in its decision, or in its notice under subdivision (b) of
Section 485, inform the applicant of the following:
(a) The earliest date on which the applicant may reapply for a license
which shall be one year from the effective date of the decision, or service of
the notice under subdivision (b) of Section 485, unless the board prescribes
an earlier date or a later date is prescribed by another statute.
(b) That all competent evidence of rehabilitation presented will be con-
sidered upon a reapplication.
Along with the decision, or the notice under subdivision (b) of Section 485,
the board shall serve a copy of the criteria relating to rehabilitation
formulated under Section 482.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 9.5; Stats 1997 ch 758 § 2.4 (SB 1346).
SUGGESTED FORMS
Notice of Denial of License Application—General Form
To: [applicant]
The [specify approprite board, bureau, commission, agency or as the c ase may be] hereby
denies [applicant] a [specify type of
license] to engage in [specify activity].
The application for a [specify type of license] is denied on the following grounds: .
By reason of such denial, [applicant] has the right to a hearing under [Chapter 5
of Part 1 of Division 3 of Title 2 of the Government Code of the State of California]. A written request
for a hearing must be made within [60] days after service of this notice of denial. Unless a
written request for a hearing is received within the above stipulated period of time, a right to a
hearing is deemed waived.
The earliest date on which a reapplication can be made is . At such time, all competent
evidence of rehabilitation presented will be considered upon a reapplication.
Dated .
[Signature]
§ 487. Hearing; Time
If a hearing is requested by the applicant, the board shall conduct such
hearing within 90 days from the date the hearing is requested unless the
applicant shall request or agree in writing to a postponement or continuance of
the hearing. Notwithstanding the above, the Office of Administrative Hearings
may order, or on a showing of good cause, grant a request for, up to 45
additional days within which to conduct a hearing, except in cases involving
alleged examination or licensing fraud, in which cases the period may be up to
180 days. In no case shall more than two such orders be made or requests be
granted.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 10; Stats 1986 ch 220 § 1, effective June
30, 1986.
SUGGESTED FORMS
Petition for Hearing on Denial of Application for License
[Title of Court and Cause]
26
BUSINESS & PROFESSIONS CODE § 489
Petitioner, , requests that the [name of board or agency or as the case may be] of
the State of California, set a date for a hearing on the denial of petitioner’s application for a license
to [specify], which application for this license was denied by [name of board or
agency or as the case may be] on .
[Signature]
§ 488. Hearing request [Repealed]
HISTORY:
Added Stats 2000 ch 568 § 2 (AB 2888). Amended Stats 2018 ch 995 § 10 (AB 2138), effective
January 1, 2019, inoperative July 1, 2020, repealed January 1, 2021.
§ 488. Hearing request
(a) Except as otherwise provided by law, following a hearing requested by an
applicant pursuant to subdivision (b) of Section 485, the board may take any of
the following actions:
(1) Grant the license effective upon completion of all licensing require-
ments by the applicant.
(2) Grant the license effective upon completion of all licensing require-
ments by the applicant, immediately revoke the license, stay the revocation,
and impose probationary conditions on the license, which may include
suspension.
(3) Deny the license.
(4) Take other action in relation to denying or granting the license as the
board in its discretion may deem proper
.
(b) This section does not in any way modify or otherwise affect the existing
authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(c) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2018 ch 995 § 11 (AB 2138), effective January 1, 2019, operative July 1, 2020.
§ 489. Denial of application without a hearing
Any agency in the department which is authorized by law to deny an
application for a license upon the grounds specified in Section 480 or 496, may
without a hearing deny an application upon any of those grounds, if within one
year previously, and after proceedings conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, that agency has denied an application from the same
applicant upon the same ground.
HISTORY:
Added Stats 1955 ch 1151 § 1, asB&PC§1 16.Amended Stats 1978 ch 1161 § 2. Renumbered by
Stats 1989 ch 1104 § 1. Amended Stats 1997 ch 758 § 2.5 (SB 1346).
27
Bus. & Prof. Code
Bus. & Prof. Code
§ 490 BUSINESS & PROFESSIONS CODE
CHAPTER 3
SUSPENSION AND REVOCATION OF LICENSES
HISTORY: Added Stats 1972 ch 903 § 1.
§ 490. Grounds for suspension or revocation; Discipline for substan-
tially related crimes; Conviction; Legislative findings
(a) In addition to any other action that a board is permitted to take against
a licensee, a board may suspend or revoke a license on the ground that the
licensee has been convicted of a crime, if the crime is substantially related to
the qualifications, functions, or duties of the business or profession for which
the license was issued.
(b) Notwithstanding any other provision of law, a board may exercise any
authority to discipline a licensee for conviction of a crime that is independent
of the authority granted under subdivision (a) only if the crime is substantially
related to the qualifications, functions, or duties of the business or profession
for which the licensee’s license was issued.
(c) A conviction within the meaning of this section means a plea or verdict of
guilty or a conviction following a plea of nolo contendere. An action that a board
is permitted to take following the establishment of a conviction may be taken
when the time for appeal has elapsed, or the judgment of conviction has been
affirmed on appeal, or when an order granting probation is made suspending
the imposition of sentence, irrespective of a subsequent order under Section
1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this
section has been made unclear by the holding in Petropoulos v. Department of
Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has
placed a significant number of statutes and regulations in question, resulting
in potential harm to the consumers of California from licensees who have been
convicted of crimes. Therefore, the Legislature finds and declares that this
section establishes an independent basis for a board to impose discipline upon
a licensee, and that the amendments to this section made by Chapter 33 of the
Statutes of 2008 do not constitute a change to, but rather are declaratory of,
existing law.
HISTORY:
Added Stats 1974 ch 1321 § 13. Amended Stats 1979 ch 876 § 3; Stats 1980 ch 548 § 1; Stats 1992
ch 1289 § 7 (AB 2743); Stats 2008 ch 33 § 2 (SB 797) (ch 33 prevails), effective June 23, 2008, ch 179
§ 3 (SB 1498), effective January 1, 2009; Stats 2010 ch 328 § 2 (SB 1330), effective January 1, 2011.
§ 491. Procedure upon suspension or revocation
Upon suspension or revocation of a license by a board on one or more of the
grounds specified in Section 490, the board shall:
(a) Send a copy of the provisions of Section 11522 of the Government Code
to the ex-licensee.
(b) Send a copy of the criteria relating to rehabilitation formulated under
Section 482 to the ex-licensee.
HISTORY:
Added Stats 1972 ch 903 § 1. Amended Stats 1974 ch 1321 § 14; Stats 1975 ch 678 § 1.
28
BUSINESS & PROFESSIONS CODE § 492
SUGGESTED FORMS
Petition for Writ of Mandate to Compel State Board to Vacate Order Concerning Revocation or
Suspension of License
[Title of Court and Cause]1.Petitioner resides at [address], City of , County of
, State of California.2.Respondent is the State Board of , and as such, is the duly
constituted authority to administer the laws of the State of California concerning the practice of
.3.Respondent, under the laws of the State of California, has exclusive jurisdiction to issue,
suspend, and revoke licenses to practice [specify particular business or profession] in the
State of California.4.Under the provisions of [Section or Sections] of the Business
and Professions Code of the State of California the respondent has discretion to determine whether
a license to practice should be revoked or suspended.5.Under the provisions of Section
of the [specify particular code], respondent is required to hold a hearing for the
purpose of making the determination as to the revocation or suspension of the above enumerated type
of license6.On , petitioner was issued a license to practice by the respondent. A copy
of this license is attached hereto, marked Exhibit “ ”, and incorporated herein by
reference.7.Petitioner possessed this license at all times herein mentioned until , when this
license was [revoked or suspended] by the respondent as herein set forth.8.On ,
respondent filed a charge against petitioner accusing the petitioner of [insert particular
misconduct]. A copy of this charge is attached hereto, marked Exhibit “ ”, and incorporated
herein by reference.9.On , at [address], City of , County of , State
of California, a hearing was held to determine the merits of the above described charge against the
petitioner.10.On , the hearing officer in charge of the above hearing prepared a decision the
essence of which was that the charge against the petitioner was true and that the license of the
petitioner to [specify profession] should be [revoked or suspended] for a period of
[months or as the case may be]. A copy of this decision is attached hereto, marked Exhibit
“ ”, and incorporated herein by reference.11.On , by an order dated , the
license of the petitioner to [specify profession] was [revoked or suspended] until
. A copy of the order [revoking or suspending] the license of the petitioner is
attached hereto, marked Exhibit “ ”, and incorporated herein by reference.12.Petitioner has
performed all conditions precedent to the filing of this petition by [describe performance of
conditions including the exhaustion of administrative remedies].13.The order of the respondent
[revoking or suspending] the license of the petitioner to [specify profession] is
invalid for the following reasons: [specify reasons with some particularity].14.A transcript of
the record of the hearing, containing the evidence received, is attached hereto, marked Exhibit
“ ”, and incorporated herein by reference.15.Petitioner has no plain, speedy, or adequate
remedy in the ordinary course of law, other than the relief sought in this petition, in that this is the
only proceeding in which the petitioner may obtain the rights demanded herein.
Wherefore, petitioner prays:1.That this court issue an alternative writ of mandate commanding the
respondent to vacate and set aside the decision and order [revoking or suspending] the
license of the petitioner or to show cause before this court at a time specified by an order of this court
why it has not done so and why a peremptory writ of mandate should not issue;2.That this court issue
an order staying the operation of the order [revoking or suspending] the license of the
petitioner pending the final decision herein;3.That on the return of the alternative writ of mandate
and the hearing of this petition, this court issue its peremptory writ of mandate commanding the
respondent to set aside its order [revoking or suspending] the license of the petitioner;
and4.That this court award petitioner cost of this proceeding and such other and further relief as to
the court seems just and proper.
[Signature]
[Verification]
§ 492. Effect of completion of drug diversion program on disciplin-
ary action or denial of license
Notwithstanding any other provision of law, successful completion of any
diversion program under the Penal Code, or successful completion of an alcohol
and drug problem assessment program under Article 5 (commencing with
Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not
29
Bus. & Prof. Code
30
Bus. & Prof. Code
§ 493 BUSINESS & PROFESSIONS CODE
prohibit any agency established under Division 2 (commencing with Section
500) of this code, or any initiative act referred to in that division, from taking
disciplinary action against a licensee or from denying a license for professional
misconduct, notwithstanding that evidence of that misconduct may be re-
corded in a record pertaining to an arrest.
This section shall not be construed to apply to any drug diversion program
operated by any agency established under Division 2
(commencing with
Section 500) of this code, or any initiative act referred to in that division.
HISTORY:
Added Stats 1987 ch 1183 § 1. Amended Stats 1994 ch 26 § 15 (AB 1807), effective March 30, 1994.
§ 493. Evidentiary effect of record of conviction of crime substan-
tially related to licensee’s qualifications, functions, and duties [Re-
pealed]
HISTORY:
Added Stats 1961 ch 934 § 1, as B & P C § 117. Amended Stats 1978 ch 1161 § 3. Renumbered by
Stats 1989 ch 1104 § 1.3. Amended
Stats 2018 ch 995 § 12 (AB 2138), effective January 1, 2019,
inoperative July 1, 2020, repealed January 1, 2021.
§ 493. Evidentiary effect of record of conviction of crime substan-
tially related to licensee’s qualifications, functions, and duties
(a) Notwithstanding any other law, in a proceeding conducted by a board
within the department pursuant to law to deny an application for a license or
to suspend or revoke a license or otherwise take disciplinary action against a
person who holds a license, upon the ground that the applicant or the licensee
has been convicted of a crime substantially related to the qualifications,
functions, and duties of the licensee in question, the record of conviction of the
crime shall be conclusive evidence of the fact that the conviction occurred, but
only of that fact.
(b)(1) Criteria for determining whether a crime is substantially
related to
the qualifications, functions, or duties of the business or profession the board
regulates shall include all of the following:
(A) The nature and gravity of the offense.
(B) The number of years elapsed since the date of the offense.
(C) The nature and duties of the profession.
(2) A board shall not categorically bar an applicant based solely on the
type of conviction without considering evidence of rehabilitation.
(c) As used in this section, “license” includes “certificate,” “permit,” “author-
ity,” and “registration.”
(d) This section does not in any way modify or otherwise affect the existing
authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(e) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2018 ch 995 § 13 (AB 2138), effective January 1, 2019, operative July 1, 2020.
31
BUSINESS & PROFESSIONS CODE § 498
CHAPTER 4
PUBLIC REPROVALS
HISTORY: Added Stats 1977 ch 886 § 1.
§ 495. Public reproval of licentiate or certificate holder for act con-
stituting grounds for suspension or revocation of license or certifi-
cate; Proceedings
Notwithstanding any other provision of law, any entity authorized to issue a
license or certificate pursuant to this code may publicly reprove a licentiate or
certificate holder thereof, for any act that would constitute grounds to suspend
or revoke a license or certificate. Any proceedings for public reproval, public
reproval and suspension, or public reproval and revocation shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code, or, in the case of a licensee or
certificate holder under the jurisdiction of the State Department of Health
Services, in accordance with Section 100171 of the Health and Safety Code.
HISTORY:
Added Stats 1977 ch 886 § 1. Amended Stats 1997 ch 220 § 2 (SB 68), effective August 4, 1997.
CHAPTER 5
EXAMINATION SECURITY
HISTORY: Added Stats 1983 ch 95 § 2.
§ 496. Grounds for denial, suspension, or revocation of license
A board may deny, suspend, revoke, or otherwise restrict a license on the
ground that an applicant or licensee has violated Section 123 pertaining to
subversion of licensing examinations.
HISTORY:
Added Stats 1989 ch 1022 § 3.
§ 497. [Section renumbered 1989.]
HISTORY:
Added Stats 1983 ch 95 § 2. RenumberedB&PC§123.5 by Stats 1989 ch 1022 § 4.
§ 498. Fraud, deceit or misrepresentation as grounds for action
against license
A board may revoke, suspend, or otherwise restrict a license on the ground
that the licensee secured the license by fraud, deceit, or knowing misrepresen-
tation of a material fact or by knowingly omitting to state a material fact.
HISTORY:
Added Stats 1992 ch 1289 § 8 (AB 2743).
Bus. & Prof. Code
§ 499 BUSINESS & PROFESSIONS CODE
32
Bus. & Prof. Code
§ 499. Action against license based on licentiate’s actions regarding
application of another
A board may revoke, suspend, or otherwise restrict a license on the ground
that the licensee, in support of another person’s application for license,
knowingly made a false statement of a material fact or knowingly omitted to
state a material fact to the board regarding the application.
HISTORY:
Added Stats 1992 ch 1289 § 9 (AB 2743).
DIVISION 2
HEALING ARTS
CHAPTER 1
GENERAL PROVISIONS
HISTORY: Enacted Stats 1937 ch 399.
ARTICLE 4
FRAUDS OF MEDICAL RECORDS
HISTORY: Enacted Stats 1937 ch 399.
§ 580. Sale or barter of degree, certificate, or transcript
No person, company, or association shall sell or barter or offer to sell or
barter any medical degree, podiatric degree, or osteopathic degree, or chiro-
practic degree, or any other degree which is required for licensure, certifica-
tion, or registration under this division, or any degree, certificate, transcript,
or any other writing, made or purporting to be made pursuant to any laws
regulating the licensing and registration or issuing of a certificate to physi-
cians and surgeons, podiatrists, osteopathic physicians, chiropractors, persons
lawfully engaged in any other system or mode of treating the sick or afflicted,
or to any other person licensed, certified, or registered under this division.
HISTORY:
Enacted Stats 1937. Amended Stats 1939 ch 269 § 1; Stats 1961 ch 215 § 1; Stats 1986 ch 220 § 2,
effective June 30, 1986.
SUGGESTED FORMS
Allegation Charging Sale or the Like of Medical Degrees or the Like
The [Grand Jury or District Attorney] of the County of , State of California, hereby
accuses of a felony, that is: A violation of Section 580 of the Business and Professions Code
of the State of California, in that on or about , in the County of , State of California,
[he or she] did [sell or barter or offer to sell or offer to barter] a [medical
or podiatric or osteopathic or chiropractic] degree.
33
BUSINESS & PROFESSIONS CODE § 582
§ 581. Purchase or fraudulent alteration of diplomas or other writ-
ings
No person, company, or association shall purchase or procure by barter or by
any unlawful means or method, or have in possession any diploma, certificate,
transcript, or any other writing with intent that it shall be used as evidence of
the holder’s qualifications to practice as a physician and surgeon, osteopathic
physician, podiatrist, any other system or mode of treating the sick or afflicted,
as provided in the Medical Practice Act, Chapter 5 (commencing with Section
2000), or to practice as any other licentiate under this division or in any fraud
of the law regulating this practice or, shall with fraudulent intent, alter in a
material regard, any such diploma, certificate, transcript, or any other writing.
HISTORY:
Enacted Stats 1937. Amended Stats 1937 ch 446; Stats 1961 ch 215 § 1.5; Stats 1984 ch 144 § 5;
Stats 1986 ch 220 § 3, effective June 30, 1986.
SUGGESTED FORMS
Allegation Charging Purchase of Fraudulent Alteration of Diploma or the Like
The [Grand Jury or District Attorney] of the County of State of California hereby
accuses of a felony, that is: A violation of Section 581 of the Business and Professions Code
of the State of California, in that on or about [date], in the County of , State of
California, [he or she] did [purchase or procure by (barter or any unlawful
means or method) or have in (his or her) possession] a [diploma or certificate or
transcript or writing] with intent that it shall be used as evidence of the holder’s qualifications to
practice as a [physician and surgeon or osteopathic physician or podiatrist or a
(system or mode) of treating the sick or afflicted as provided in the State Medical Practice Act in
Chapter 5 (commencing with Business and Professions Code Section 2000), relating to the practice of
medicine].
§ 582. Use of illegally obtained, altered, or counterfeit diploma, cer-
tificate, or transcript
No person, company, or association shall use or attempt to use any diploma,
certificate, transcript, or any other writing which has been purchased, fraudu-
lently issued, illegally obtained, counterfeited, or materially altered, either as
a certificate or as to character or color of certificate, to practice as a physician
and surgeon, podiatrist, osteopathic physician, or a chiropractor, or to practice
any other system or mode of treating the sick or afflicted, as provided in the
Medical Practice Act, Chapter 5 (commencing with Section 2000) or to practice
as any other licentiate under this division.
HISTORY:
Enacted Stats 1937. Amended Stats 1961 ch 215 § 2; Stats 1984 ch 144 § 6; Stats 1986 ch 220 § 4,
effective June 30, 1986.
SUGGESTED FORMS
Allegation Charging Use of Counterfeit or the Like Diploma or the Like
The [Grand Jury or District Attorney] of the County of , State of California, hereby
accuses of a felony, that is: A violation of Section 582 of the Business and Professions Code
of the State of California, in that on or about [date], in the County of , State of
Bus. & Prof. Code
§ 583 BUSINESS & PROFESSIONS CODE
34
Bus. & Prof. Code
California, [he or she] did [use or attempt to use] a [diploma or certificate
or transcript or writing] which had been [purchased or fraudulently issued or illegally
obtained or counterfeited or materially altered], either as a certificate or as to character or color of
certificate, to practice as a [physician and surgeon or podiatrist or osteopathic physician or
chiropractor or other system of mode of treating the sick or afflicted, provided in the State Medical
Practice Act, Chapter 5 (commencing with Section 2000), or a licentiate under Division 2 of the
Business and Professions Code.]
§ 583. False statements in documents or writings
No person shall in any document or writing required of an applicant for
examination, license, certificate, or registration under this division, the Osteo-
pathic Initiative Act, or the Chiropractic Initiative Act, willfully make a false
statement in a material regard.
HISTORY:
Enacted Stats 1937. Amended Stats 1984 ch 144 § 7; Stats 1986 ch 220 § 5, effective June 30, 1986.
SUGGESTED FORMS
Allegation Charging Misrepresentation in Document or Writing Concerning Application for
Practice of Medicine
The [Grand Jury or District Attorney] of the County of , State of California, hereby
accuses of a felony, that is: A violation of Section 583 of the Business and Professions Code
of the State of California in that on or about [date], in the County of , State of
California, [he or she] did willfully make a false statement in a material regard in a
[document or writing] required of an applicant for [examination or license or certificate or
registration] under [Division 2 of the Business and Professions Code or the Osteopathic
Initiative Act or the Chiropractic Initiative Act].
§ 584. Violation of examination security; Impersonation
No person shall violate the security of any examination, as defined in
subdivision (a) of Section 123, or impersonate, attempt to impersonate, or
solicit the impersonation of, another in any examination for a license, certifi-
cate, or registration to practice as provided in this division, the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or under any other law
providing for the regulation of any other system or method of treating the sick
or afflicted in this state.
HISTORY:
Enacted Stats 1937. Amended Stats 1984 ch 144 § 8; Stats 1986 ch 220 § 6, effective June 30, 1986;
Stats 1989 ch 1022 § 5.
SUGGESTED FORMS
Allegation Charging Violation of Examination Security or the Like During Examination for
Practice of Medicine or the Like
The [Grand Jury or District Attorney] of the County of , State of California, hereby
accuses of a felony, that is: A violation of Section 584 of the Business and Professions Code
of the State of California, in that on or about [date], in the County of , State of
California, [he or she] did [violate the security of an examination or impersonated
or attempted to impersonate or solicited the impersonation of] another in an examination for a
[license or certificate or registration to practice] as provided in [Division 2 of the
35
BUSINESS & PROFESSIONS CODE § 650
Business and Professions Code or the Osteopathic Initiative Act or the Chiropractic Initiative Act
or (specify statute) providing for the regulation of a system or method of
treating the sick or
afflicted in the State of California].
§ 585. Punishment
Any person, company, or association violating the provisions of this article is
guilty of a felony and upon conviction thereof shall be punishable 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. The enforcement remedies provided under this article are not
exclusive and shall not preclude the use of any other criminal, civil, or
administrative remedy.
HISTORY:
Enacted Stats 1937. Amended Stats 1976 ch 1139 § 1, operative July 1, 1977; Stats 1983 ch 1092
§ 2, effective September 27, 1983, operative January 1, 1984; Stats 1986 ch 220 § 7, effective June 30,
1986; Stats 2011 ch 15 § 2 (AB 109), effective April 4, 2011, operative October 1, 2011.
ARTICLE 6
UNEARNED REBATES, REFUNDS, AND
DISCOUNTS
HISTORY: Added Stats 1949 ch 899 § 1.
§ 650. Rebates for patient referrals; Consideration between supplier
and health facility
(a) Except as provided in Chapter 2.3 (commencing with Section 1400) of
Division 2 of the Health and Safety Code, the offer, delivery, receipt, or
acceptance by any person licensed under this division or the Chiropractic
Initiative Act of any rebate, refund, commission, preference, patronage divi-
dend, discount, or other consideration, whether in the form of money or
otherwise, as compensation or inducement for referring patients, clients, or
customers to any person, irrespective of any membership, proprietary interest,
or coownership in or with any person to whom these patients, clients, or
customers are referred is unlawful.
(b) The payment or receipt of consideration for services other than the
referral of patients that is based on a percentage of gross revenue or similar
type of contractual arrangement shall not be unlawful if the consideration is
commensurate with the value of the services furnished or with the fair rental
value of any premises or equipment leased or provided by the recipient to the
payer.
(c) The offer, delivery, receipt, or acceptance of any consideration between a
federally qualified health center, as defined in Section 1396d(l)(2)(B) of Title 42
of the United States Code, and any individual or entity providing goods, items,
services, donations, loans, or a combination thereof to the health center entity
pursuant to a contract, lease, grant, loan, or other agreement, if that agree-
ment contributes to the ability of the health center entity to maintain or
increase the availability, or enhance the quality, of services provided to a
Bus. & Prof. Code
§ 650 BUSINESS & PROFESSIONS CODE
36
Bus. & Prof. Code
medically underserved population served by the health center, shall be
authorized only to the extent sanctioned or permitted by federal law.
(d) Except as provided in Chapter 2.3 (commencing with Section 1400) of
Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of
this code, it shall not be unlawful for any person licensed under this division to
refer a person to any laboratory, pharmacy, clinic, including entities exempt
from licensure pursuant to Section 1206 of the Health and Safety Code, or
health care facility solely because the licensee has a proprietary interest or
coownership in the laboratory, pharmacy, clinic, or health care facility, pro-
vided, however, that the licensee’s return on investment for that proprietary
interest or coownership shall be based upon the amount of the capital
investment or proportional ownership of the licensee which ownership interest
is not based on the number or value of any patients referred. Any referral
excepted under this section shall be unlawful if the prosecutor proves that
there was no valid medical need for the referral.
(e) Except as provided in Chapter 2.3 (commencing with Section 1400) of
Division 2 of the Health and Safety Code and in Sections 654.1 and 654.2 of
this code, it shall not be unlawful to provide nonmonetary remuneration, in the
form of hardware, software, or information technology and training services, as
described in subsections (x) and (y) of Section 1001.952 of Title 42 of the Code
of Federal Regulations, as amended October 4, 2007, as published in the
Federal Register (72 Fed. Reg. 56632 and 56644), and as subsequently
amended.
(f) “Health care facility” means a general acute care hospital, acute psychi-
atric hospital, skilled nursing facility, intermediate care facility, and any other
health facility licensed by the State Department of Public Health under
Chapter 2 (commencing with Section 1250) of Division 2 of the Health and
Safety Code.
(g) Notwithstanding this section or any other law, the payment or receipt of
consideration for advertising, wherein a licensee offers or sells services
through a third-party advertiser, shall not constitute a referral of patients
when the third-party advertiser does not itself recommend, endorse, or
otherwise select a licensee. The fee paid to the third-party advertiser shall be
commensurate with the service provided by the third-party advertiser. If the
licensee determines, after consultation with the purchaser of the service, that
the service provided by the licensee is inappropriate for the purchaser or if the
purchaser elects not to receive the service for any reason and requests a
refund, the purchaser shall receive a refund of the full purchase price as
determined by the terms of the advertising service agreement between the
third-party advertiser and the licensee. The licensee shall disclose in the
advertisement that a consultation is required and that the purchaser will
receive a refund if ineligible to receive the service. This subdivision shall not
apply to basic health care services, as defined in subdivision (b) of Section 1345
of the Health and Safety Code, or essential health benefits, as defined in
Section 1367.005 of the Health and Safety Code and Section 10112.27 of the
Insurance Code. The entity that provides the advertising shall be able to
demonstrate that the licensee consented in writing to the requirements of this
subdivision. A third-party advertiser shall make available to prospective
purchasers advertisements for services of all licensees then advertising
37
BUSINESS & PROFESSIONS CODE § 650.01
through the third-party advertiser in the applicable geographic region. In any
advertisement offering a discount price for a service, the licensee shall also
disclose the regular, nondiscounted price for that service.
(h) To the extent consistent with federal law, regulations, or
guidance, the
payment or receipt of consideration for internet-based advertising, appoint-
ment booking, or any service that provides information and resources to
prospective patients of licensees shall not constitute a referral of a patient if
the internet-based service provider does not recommend or endorse a specific
licensee to a prospective patient.
(i) A violation of this section is a public offense and is punishable upon a first
conviction by imprisonment in a county jail for not more than one year, or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or
by a fine not exceeding fifty thousand dollars ($50,000), or by both that
imprisonment and fine. A second or subsequent conviction is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or
by that imprisonment and a fine of fifty thousand dollars ($50,000).
HISTORY:
Added Stats 1949 ch 899 § 1. Amended Stats 1971 ch 1568 § 1; Stats 1973 ch 142 § 5, effective June
30, 1973, operative July 1, 1973, ch 924 § 1, operative July 1, 1974; Stats 1975 ch 303 § 1; Stats 1977
ch 1252 § 4, operative July 1, 1978; Stats 1981 ch 610 § 1; Stats 1990 ch 1532 § 1 (SB 2365); Stats 2000
ch 843 § 1 (AB 2594); Stats 2001 ch 728 § 1.4 (SB 724); Stats 2006 ch 698 § 1 (AB 225), ch 772 § 1.5
(AB 2282), effective January 1, 2007; Stats 2007 ch 130 § 1 (AB 299), effective January 1, 2008, ch 483
§ 1 (SB 1039), effective January 1, 2008 (ch 483 prevails); Stats 2008 ch 179 § 4 (SB 1498), effective
January 1, 2009, ch 290 § 1 (AB 55), effective September 25, 2008 (ch 290 prevails); Stats 2009 ch 140
§ 2 (AB 1164), effective January 1, 2010; Stats 2011 ch 15 § 3 (AB 109), effective April 4, 2011,
operative October 1, 2011; Stats 2016 ch 360 § 1 (AB 2744), effective January 1, 2017; Stats 2021 ch
439 § 3 (AB 457), effective January 1, 2022.
§ 650.01. Unlawful referrals; Definitions
(a) Notwithstanding Section 650, or any other provision of law, it is unlawful
for a licensee to refer a person for laboratory, diagnostic nuclear medicine,
radiation oncology, physical therapy, physical rehabilitation, psychometric
testing, home infusion therapy, or diagnostic imaging goods or services if the
licensee or their immediate family has a financial interest with the person or
in the entity that receives the referral.
(b) For purposes of this section and Section 650.02, the following shall apply:
(1) “Diagnostic imaging” includes, but is not limited to, all X-ray, com-
puted axial tomography, magnetic resonance imaging nuclear medicine,
positron emission tomography, mammography, and ultrasound goods and
services.
(2) A “financial interest” includes, but is not limited to, any type of
ownership interest, debt, loan, lease, compensation, remuneration, discount,
rebate, refund, dividend, distribution, subsidy, or other form of direct or
indirect payment, whether in money or otherwise, between a licensee and a
person or entity to whom the licensee refers a person for a good or service
specified in subdivision (a). A financial interest also exists if there is an
indirect financial relationship between a licensee and the referral recipient
including, but not limited to, an arrangement whereby a licensee has an
ownership interest in an entity that leases property to the referral recipient.
Any financial interest transferred by a licensee to any person or entity or
Bus. & Prof. Code
§ 650.01 BUSINESS & PROFESSIONS CODE
38
Bus. & Prof. Code
otherwise established in any person or entity for the purpose of avoiding the
prohibition of this section shall be deemed a financial interest of the licensee.
For purposes of this paragraph, “direct or indirect payment” shall not
include a royalty or consulting fee received by a physician and surgeon who
has completed a recognized residency training program in orthopedics from
a manufacturer or distributor as a result of their research and development
of medical devices and techniques for that manufacturer or distributor. For
purposes of this paragraph, “consulting fees” means those fees paid by the
manufacturer or distributor to a physician and surgeon who has completed
a recognized residency training program in orthopedics only for their
ongoing services in making refinements to their medical devices or tech-
niques marketed or distributed by the manufacturer or distributor, if the
manufacturer or distributor does not own or control the facility to which the
physician is referring the patient. A “financial interest” shall not include the
receipt of capitation payments or other fixed amounts that are prepaid in
exchange for a promise of a licensee to provide specified health care services
to specified beneficiaries. A “financial interest” shall not include the receipt
of remuneration by a medical director of a hospice, as defined in Section 1746
of the Health and Safety Code, for specified services if the arrangement is set
out in writing, and specifies all services to be provided by the medical
director, the term of the arrangement is for at least one year, and the
compensation to be paid over the term of the arrangement is set in advance,
does not exceed fair market value, and is not determined in a manner that
takes into account the volume or value of any referrals or other business
generated between parties.
(3) For the purposes of this section, “immediate family” includes
the
spouse and children of the licensee, the parents of the licensee, and the
spouses of the children of the licensee.
(4) “Licensee” means all of the following:
(A) A physician as defined in Section 3209.3 of the Labor Code.
(B) A nurse practitioner practicing pursuant to Section 2837.103 or
2837.104.
(C) A certified nurse-midwife as described in Article 2.5 (commencing
with Section 2746) of Chapter 6, acting within their scope of practice.
(5) “Licensee’s office” means either of the following:
(A) An office of a licensee in solo practice.
(B) An office in which services or goods are personally provided by the
licensee or by employees in that office, or personally by independent
contractors in that office, in accordance with other provisions of law.
Employees and independent contractors shall be licensed or certified when
licensure or certification is required by law.
(6) “Office of a group practice” means an office or offices in which two or
more licensees are legally organized as a partnership, professional corpora-
tion, or not-for-profit corporation, licensed pursuant to subdivision (a) of
Section 1204 of the Health and Safety Code, for which all of the following
apply:
(A) Each licensee who is a member of the group provides substantially
the full range of services that the licensee routinely provides, including
medical care, consultation, diagnosis, or treatment through the joint use of
shared office space, facilities, equipment, and personnel.
39
BUSINESS & PROFESSIONS CODE § 650.01
(B) Substantially all of the services of the licensees who are members of
the group are provided through the group and are billed in the name of the
group and amounts so received are treated as receipts of the group, except
in the case of a multispecialty clinic, as defined in subdivision (l) of Section
1206 of the Health and Safety Code, physician services are billed in the
name of the multispecialty clinic and amounts so received are treated as
receipts of the multispecialty clinic.
(C) The overhead expenses of, and the income from, the practice are
distributed in accordance with methods previously determined by mem-
bers of the group.
(c) It is unlawful for a licensee to enter into an arrangement or scheme, such
as a cross-referral arrangement, that the licensee knows, or should know, has
a principal purpose of ensuring referrals by the licensee to a particular entity
that, if the licensee directly made referrals to that entity, would be in violation
of this section.
(d) No claim for payment shall be presented by an entity to any individual,
third party payer, or other entity for a good or service furnished pursuant to a
referral prohibited under this section.
(e) No insurer, self-insurer, or other payer shall pay a charge or lien for any
good or service resulting from a referral in violation of this section.
(f) A licensee who refers a person to, or seeks consultation from, an
organization in which the licensee has a financial interest, other than as
prohibited by subdivision (a), shall disclose the financial interest to the patient,
or the parent or legal guardian of the patient, in writing, at the time of the
referral or request for consultation.
(1) If a referral, billing, or other solicitation is between one or more
licensees who contract with a multispecialty clinic pursuant to subdivision
(l) of Section 1206 of the Health and Safety Code or who conduct their
practice as members of the same professional corporation or partnership,
and the services are rendered on the same physical premises, or under the
same professional corporation or partnership name, the requirements of this
subdivision may be met by posting a conspicuous disclosure statement at the
registration area or by providing a patient with a written disclosure
statement.
(2) If a licensee is under contract with the Department of Corrections or
the California Youth Authority, and the patient is an inmate or parolee of
either respective department, the requirements of this subdivision shall be
satisfied by disclosing financial interests to either the Department of
Corrections or the California Youth Authority.
(g) A violation of subdivision (a) shall be a misdemeanor. In the case of a
licensee who is a physician and surgeon, the Medical Board of California shall
review the facts and circumstances of any conviction pursuant to subdivision
(a) and take appropriate disciplinary action if the licensee has committed
unprofessional conduct. In the case of a licensee who is a certified nurse-
midwife, the Board of Registered Nursing shall review the facts and circum-
stances of any conviction pursuant to subdivision (a) and take appropriate
disciplinary action if the licensee has committed unprofessional conduct.
Violations of this section may also be subject to civil penalties of up to five
thousand dollars ($5,000) for each offense, which may be enforced by the
Bus. & Prof. Code
§ 650.02 BUSINESS & PROFESSIONS CODE
40
Bus. & Prof. Code
Insurance Commissioner, Attorney General, or a district attorney. A violation
of subdivision (c), (d), or (e) is a public offense and is punishable upon
conviction by a fine not exceeding fifteen thousand dollars ($15,000) for each
violation and appropriate disciplinary action, including revocation of profes-
sional licensure, by the Medical Board of California, the Board of Registered
Nursing, or other appropriate governmental agency.
(h) This section shall not apply to referrals for services that
are described in
and covered by Sections 139.3 and 139.31 of the Labor Code.
(i) This section shall become operative on January 1, 1995.
HISTORY:
Added Stats 1993 ch 1237 § 2 (AB 919). Amended Stats 1995 ch 221 § 1 (AB 1864), ch 749§1(AB
1177), effective October 10, 1995; Stats 1996 ch 817 § 1 (AB 2443); Stats 2020 ch 88 § 2 (SB 1237),
effective January 1, 2021; Stats 2020 ch 265 § 1.5 (AB 890), effective January 1, 2021 (ch 265
prevails).
§ 650.02. Exceptions to referral prohibition
The prohibition of Section 650.01 shall not apply to or restrict any of the
following:
(a) A licensee may refer a patient for a good or service otherwise
prohibited by subdivision (a) of Section 650.01 if the licensee’s regular
practice is located where there is no alternative provider of the service
within either 25 miles or 40 minutes traveling time, via the shortest route on
a paved road. If an alternative provider commences furnishing the good or
service for which a patient was referred pursuant to this subdivision, the
licensee shall cease referrals under this subdivision within six months of the
time at which the licensee knew or should have known that the alternative
provider is furnishing the good or service. A licensee who refers to or seeks
consultation from an organization in which the licensee has a financial
interest under this subdivision shall disclose this interest to the patient or
the patient’s parents or legal guardian in writing at the time of referral.
(b) A licensee, when the licensee or his or her immediate family has one or
more of the following arrangements with another licensee, a person, or an
entity, is not prohibited from referring a patient to the licensee, person, or
entity because of the arrangement:
(1) A loan between a licensee and the recipient of the referral, if the loan
has commercially reasonable terms, bears interest at the prime rate or a
higher rate that does not constitute usury, is adequately secured, and the
loan terms are not affected by either party’s referral of any person or the
volume of services provided by either party.
(2) A lease of space or equipment between a licensee and the recipient
of the referral, if the lease is written, has commercially reasonable terms,
has a fixed periodic rent payment, has a term of one year or more, and the
lease payments are not affected by either party’s referral of any person or
the volume of services provided by either party.
(3) Ownership of corporate investment securities, including shares,
bonds, or other debt instruments that may be purchased on terms
generally available to the public and that are traded on a licensed
securities exchange or NASDAQ, do not base profit distributions or other
transfers of value on the licensee’s referral of persons to the corporation,
41
BUSINESS & PROFESSIONS CODE § 650.02
do not have a separate class or accounting for any persons or for any
licensees who may refer persons to the corporation, and are in a corpora-
tion that had, at the end of the corporation’s most recent fiscal year, or on
average during the previous three fiscal years, stockholder equity exceed-
ing seventy-five million dollars ($75,000,000).
(4) Ownership of shares in a regulated investment company as defined
in Section 851(a) of the federal Internal Revenue Code, if the company
had, at the end of the company’s most recent fiscal year, or on average
during the previous three fiscal years, total assets exceeding seventy-five
million dollars ($75,000,000).
(5) A one-time sale or transfer of a practice
or property or other financial
interest between a licensee and the recipient of the referral if the sale or
transfer is for commercially reasonable terms and the consideration is not
affected by either party’s referral of any person or the volume of services
provided by either party.
(6) A personal services arrangement between a licensee or an immedi-
ate family member of the licensee and the recipient of the referral if the
arrangement meets all of the following requirements:
(A) It is set out in writing and is signed by the parties.
(B) It specifies all of the services to be provided by the licensee or an
immediate family member of the licensee.
(C) The aggregate services contracted for do not exceed those that are
reasonable and necessary for the legitimate business purposes of the
arrangement.
(D) A person who is referred by a licensee or an immediate family
member of the licensee is informed in writing of the personal services
arrangement that includes information on where a person may go to file
a complaint against the licensee or the immediate family member of the
licensee.
(E) The term of the arrangement is for at least one year.
(F) The compensation to be paid over the term of the arrangement is
set in advance, does not exceed fair market value, and is not determined
in a manner that takes into account the volume or value of any referrals
or other business generated between the parties.
(G) The services to be performed under the arrangement do not
involve the counseling or promotion of a business arrangement or other
activity that violates any state or federal law.
(c)(1) A licensee may refer a person to a health facility
, as defined in
Section 1250 of the Health and Safety Code, or to any facility owned or
leased by a health facility, if the recipient of the referral does not
compensate the licensee for the patient referral, and any equipment lease
arrangement between the licensee and the referral recipient complies with
the requirements of paragraph (2) of subdivision (b).
(2) Nothing shall preclude this subdivision from applying to a licensee
solely because the licensee has an ownership or leasehold interest in an
entire health facility or an entity that owns or leases an entire health
facility.
(3) A licensee may refer a person to a health facility for any service
classified as an emergency under subdivision (a) or (b) of Section 1317.1 of
the Health and Safety Code.
Bus. & Prof. Code
§ 650.02 BUSINESS & PROFESSIONS CODE
42
Bus. & Prof. Code
(4) A licensee may refer a person to any organization that owns or leases
a health facility licensed pursuant to subdivision (a), (b), or (f) of Section
1250 of the Health and Safety Code if the licensee is not compensated for
the patient referral, the licensee does not receive any payment from the
recipient of the referral that is based or determined on the number or
value of any patient referrals, and any equipment lease arrangement
between the licensee and the referral recipient complies with the require-
ments of paragraph (2) of subdivision (b). For purposes of this paragraph,
the ownership may be through stock or membership, and may be repre-
sented by a parent holding company that solely owns or controls both the
health facility organization and the affiliated organization.
(d) A licensee may refer a person to a nonprofit corporation that provides
physician services pursuant to subdivision (l) of Section 1206 of the Health
and Safety Code if the nonprofit corporation is controlled through member-
ship by one or more health facilities or health facility systems and the
amount of compensation or other transfer of funds from the health facility or
nonprofit corporation to the licensee is fixed annually, except for adjustments
caused by physicians joining or leaving the groups during the year, and is not
based on the number of persons utilizing goods or services specified in
Section 650.01.
(e) A licensee compensated or employed by a university may refer a person
for a physician service, to any facility owned or operated by the university, or
to another licensee employed by the university, provided that the facility or
university does not compensate the referring licensee for the patient
referral. In the case of a facility that is totally or partially owned by an entity
other than the university, but that is staffed by university physicians, those
physicians may not refer patients to the facility if the facility compensates
the referring physicians for those referrals.
(f) The prohibition of Section 650.01 shall not apply to any service for a
specific patient that is performed within, or goods that are supplied by, a
licensee’s office, or the office of a group practice. Further, the provisions of
Section 650.01 shall not alter, limit, or expand a licensee’s ability to deliver,
or to direct or supervise the delivery of, in-office goods or services according
to the laws, rules, and regulations governing his or her scope of practice.
(g) The prohibition of Section 650.01 shall not apply to cardiac rehabili-
tation services provided by a licensee or by a suitably trained individual
under the direct or general supervision of a licensee, if the services are
provided to patients meeting the criteria for Medicare reimbursement for the
services.
(h) The prohibition of Section 650.01 shall not apply if a licensee is in the
office of a group practice and refers a person for services or goods specified in
Section 650.01 to a multispecialty clinic, as defined in subdivision (l)of
Section 1206 of the Health and Safety Code.
(i) The prohibition of Section 650.01 shall not apply to health care services
provided to an enrollee of a health care service plan licensed pursuant to the
Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing
with Section 1340) of Division 2 of the Health and Safety Code).
(j) The prohibition of Section 650.01 shall not apply to a request by a
pathologist for clinical diagnostic laboratory tests and pathological exami-
43
BUSINESS & PROFESSIONS CODE § 651
nation services, a request by a radiologist for diagnostic radiology services,
or a request by a radiation oncologist for radiation therapy if those services
are furnished by, or under the supervision of, the pathologist, radiologist, or
radiation oncologist pursuant to a consultation requested by another physi-
cian.
(k) This section shall not apply to referrals for services that are described
in and covered by Sections 139.3 and 139.31 of the Labor Code.
(l) This section shall become operative on January 1, 1995.
HISTORY:
Added Stats 1993 ch 1237 § 3 (AB 919). Amended Stats 1995 ch 221 § 2 (AB 1864); Stats 1996 ch
817 § 2 (AB 2443); Stats 2002 ch 309 § 1 (SB 1907).
§ 651. Dissemination of false or misleading information concerning
professional services or products; Permissible advertising
(a) It is unlawful for any person licensed under this division or under any
initiative act referred to in this division to disseminate or cause to be
disseminated any form of public communication containing a false, fraudulent,
misleading, or deceptive statement, claim, or image for the purpose of or likely
to induce, directly or indirectly, the rendering of professional services or
furnishing of products in connection with the professional practice or business
for which he or she is licensed. A “public communication” as used in this section
includes, but is not limited to, communication by means of mail, television,
radio, motion picture, newspaper, book, list or directory of healing arts
practitioners, Internet, or other electronic communication.
(b) A false, fraudulent, misleading, or deceptive statement, claim, or image
includes a statement or claim that does any of the following:
(1) Contains a misrepresentation of fact.
(2) Is likely to mislead or deceive because of a failure to disclose material
facts.
(3)(A) Is intended or is likely to create false or unjustified expectations of
favorable results, including the use of any photograph or other image that
does not accurately depict the results of the procedure being advertised or
that has been altered in any manner from the image of the actual subject
depicted in the photograph or image.
(B) Use of any photograph or other image of a model without
clearly
stating in a prominent location in easily readable type the fact that the
photograph or image is of a model is a violation of subdivision (a). For
purposes of this paragraph, a model is anyone other than an actual
patient, who has undergone the procedure being advertised, of the licensee
who is advertising for his or her services.
(C) Use of any photograph or other image of an actual patient that
depicts or purports to depict the results of any procedure, or presents
“before” and “after” views of a patient, without specifying in a prominent
location in easily readable type size what procedures were performed on
that patient is a violation of subdivision (a). Any “before” and “after” views
(i) shall be comparable in presentation so that the results are not distorted
by favorable poses, lighting, or other features of presentation, and (ii) shall
contain a statement that the same “before” and “after” results may not
occur for all patients.
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§ 651 BUSINESS & PROFESSIONS CODE
44
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(4) Relates to fees, other than a standard consultation fee or a range of
fees for specific types of services, without fully and specifically disclosing all
variables and other material factors.
(5) Contains other representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand or be
deceived.
(6) Makes a claim either of professional superiority or of performing
services in a superior manner, unless that claim is relevant to the service
being performed and can be substantiated with objective scientific evidence.
(7) Makes a scientific claim that cannot be substantiated by reliable, peer
reviewed, published scientific studies.
(8) Includes any statement, endorsement, or testimonial that is likely to
mislead or deceive because of a failure to disclose material facts.
(c) Any price advertisement shall be exact, without the use of phrases,
including, but not limited to, “as low as,” “and up,” “lowest prices,” or words or
phrases of similar import. Any advertisement that refers to services, or costs
for services, and that uses words of comparison shall be based on verifiable
data substantiating the comparison. Any person so advertising shall be
prepared to provide information sufficient to establish the accuracy of that
comparison. Price advertising shall not be fraudulent, deceitful, or misleading,
including statements or advertisements of bait, discount, premiums, gifts, or
any statements of a similar nature. In connection with price advertising, the
price for each product or service shall be clearly identifiable. The price
advertised for products shall include charges for any related professional
services, including dispensing and fitting services, unless the advertisement
specifically and clearly indicates otherwise.
(d) Any person so licensed shall not compensate or give anything of value to
a representative of the press, radio, television, or other communication
medium in anticipation of, or in return for, professional publicity unless the
fact of compensation is made known in that publicity.
(e) Any person so licensed may not use any professional card, professional
announcement card, office sign, letterhead, telephone directory listing, medical
list, medical directory listing, or a similar professional notice or device if it
includes a statement or claim that is false, fraudulent, misleading, or deceptive
within the meaning of subdivision (b).
(f) Any person so licensed who violates this section is guilty of a misde-
meanor. A bona fide mistake of fact shall be a defense to this subdivision, but
only to this subdivision.
(g) Any violation of this section by a person so licensed shall constitute good
cause for revocation or suspension of his or her license or other disciplinary
action.
(h) Advertising by any person so licensed may include
the following:
(1) A statement of the name of the practitioner.
(2) A statement of addresses and telephone numbers of the offices main-
tained by the practitioner.
(3) A statement of office hours regularly maintained by the practitioner.
(4) A statement of languages, other than English, fluently spoken by the
practitioner or a person in the practitioner’s office.
(5)(A) A statement that the practitioner is certified by a private or public
45
BUSINESS & PROFESSIONS CODE § 651
board or agency or a statement that the practitioner limits his or her
practice to specific fields.
(B) A statement of certification by a practitioner licensed under Chapter
7 (commencing with Section 3000) shall only include a statement that he
or she is certified or eligible for certification by a private or public board or
parent association recognized by that practitioner’s licensing board.
(C) A physician and surgeon licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California may include a
statement that he or she limits his or her practice to specific fields, but
shall not include a statement that he or she is certified or eligible for
certification by a private or public board or parent association, including,
but not limited to, a multidisciplinary board or association, unless that
board or association is (i) an American Board of Medical Specialties
member board, (ii) a board or association with equivalent requirements
approved by that physician’s and surgeon’s licensing board prior to
January 1, 2019, or (iii) a board or association with an Accreditation
Council for Graduate Medical Education approved postgraduate training
program that provides complete training in that specialty or subspecialty.
A physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) by the Medical Board of California who is certified by an
organization other than a board or association referred to in clause (i), (ii),
or (iii) shall not use the term “board certified” in reference to that
certification, unless the physician and surgeon is also licensed under
Chapter 4 (commencing with Section 1600) and the use of the term “board
certified” in reference to that certification is in accordance with subpara-
graph (A). A physician and surgeon licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California who is certified by
a board or association referred to in clause (i), (ii), or (iii) shall not use the
term “board certified” unless the full name of the certifying board is also
used and given comparable prominence with the term “board certified” in
the statement.
For purposes of this subparagraph,
a “multidisciplinary board or associa-
tion” means an educational certifying
body that has a psychometrically valid
testing process, as determined by the Medical Board of California, for
certifying medical doctors and other health care professionals that is based
on the applicant’s education, training, and experience. A multidisciplinary
board or association approved by the Medical Board of California prior to
January 1, 2019, shall retain that approval.
For purposes of the term “board certified,” as used in this subparagraph,
the terms “board” and “association” mean an organization that is an
American Board of Medical Specialties member board, an organization with
equivalent requirements approved by a physician’s and surgeon’s licensing
prior to January 1, 2019, or an organization with an Accreditation Council
for Graduate Medical Education approved postgraduate training program
that provides complete training in a specialty or subspecialty.
(D) A doctor of podiatric medicine licensed under Article 22 (commenc-
ing with Section 2460) of Chapter 5 by the California Board of Podiatric
Medicine may include a statement that he or she is certified or eligible or
qualified for certification by a private or public board or parent association,
Bus. & Prof. Code
§ 651 BUSINESS & PROFESSIONS CODE
46
Bus. & Prof. Code
including, but not limited to, a multidisciplinary board or association, if
that board or association meets one of the following requirements: (i) is
approved by the Council on Podiatric Medical Education, (ii) is a board or
association with equivalent requirements approved by the California
Board of Podiatric Medicine, or (iii) is a board or association with the
Council on Podiatric Medical Education approved postgraduate training
programs that provide training in podiatric medicine and podiatric sur-
gery. A doctor of podiatric medicine licensed under Article 22 (commencing
with Section 2460) of Chapter 5 by the California Board of Podiatric
Medicine who is certified by a board or association referred to in clause (i),
(ii), or (iii) shall not use the term “board certified” unless the full name of
the certifying board is also used and given comparable prominence with
the term “board certified” in the statement. A doctor of podiatric medicine
licensed under Article 22 (commencing with Section 2460) of Chapter 5 by
the California Board of Podiatric Medicine who is certified by an organi-
zation other than a board or association referred to in clause (i), (ii), or (iii)
shall not use the term “board certified” in reference to that certification.
For purposes of this subparagraph, a “multidisciplinary board or associa-
tion” means an educational certifying body that has a psychometrically valid
testing process, as determined by the California Board of Podiatric Medicine,
for certifying doctors of podiatric medicine that is based on the applicant’s
education, training, and experience. For purposes of the term “board
certified,” as used in this subparagraph, the terms “board” and “association”
mean an organization that is a Council on Podiatric Medical Education
approved board, an organization with equivalent requirements approved by
the California Board of Podiatric Medicine, or an organization with a Council
on Podiatric Medical Education approved postgraduate training program
that provides training in podiatric medicine and podiatric surgery.
The California Board of Podiatric Medicine shall adopt regulations to
establish and collect a reasonable fee from each board or association
applying for recognition pursuant to this subparagraph, to be deposited in
the State Treasury in the Podiatry Fund, pursuant to Section 2499. The fee
shall not exceed the cost of administering this subparagraph.
(6) A statement that the practitioner provides services under a
specified
private or public insurance plan or health care plan.
(7) A statement of names of schools and postgraduate clinical training
programs from which the practitioner has graduated, together with the
degrees received.
(8) A statement of publications authored by the practitioner.
(9) A statement of teaching positions currently or formerly held by the
practitioner, together with pertinent dates.
(10) A statement of his or her affiliations with hospitals or clinics.
(11) A statement of the charges or fees for services or commodities offered
by the practitioner.
(12) A statement that the practitioner regularly accepts installment
payments of fees.
(13) Otherwise lawful images of a practitioner, his or her physical facili-
ties, or of a commodity to be advertised.
(14) A statement of the manufacturer, designer, style, make, trade name,
brand name, color, size, or type of commodities advertised.
(15) An advertisement of a registered dispensing optician may include
statements in addition to those specified in paragraphs (1) to (14), inclusive,
provided that any statement shall not violate subdivision (a), (b), (c), or (e) or
any other section of this code.
Code Prof.
(16) A statement, or statements, providing public health information
encouraging preventive or corrective care.
& Bus.
(17) Any other item of factual information that is not false, fraudulent,
misleading, or likely to deceive.
(i) Each of the healing arts boards and examining committees within
Division 2 shall adopt appropriate regulations to enforce this section in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
Each of the healing arts boards and committees and examining committees
within Division 2 shall, by regulation, define those efficacious services to be
advertised by businesses or professions under their jurisdiction for the purpose
of determining whether advertisements are false or misleading. Until a
definition for that service has been issued, no advertisement for that service
shall be disseminated. However, if a definition of a service has not been issued
by a board or committee within 120 days of receipt of a request from a licensee,
all those holding the license may advertise the service. Those boards and
committees shall adopt or modify regulations defining what services may be
advertised, the manner in which defined services may be advertised, and
restricting advertising that would promote the inappropriate or excessive use
of health services or commodities. A board or committee shall not, by regula-
tion, unreasonably prevent truthful, nondeceptive price or otherwise lawful
forms of advertising of services or commodities, by either outright prohibition
or imposition of onerous disclosure requirements. However, any member of a
board or committee acting in good faith in the adoption or enforcement of any
regulation shall be deemed to be acting as an agent of the state.
(j) The Attorney General shall commence legal proceedings in the appropri-
ate forum to enjoin advertisements disseminated or about to be disseminated
in violation of this section and seek other appropriate relief to enforce this
section. Notwithstanding any other provision of law, the costs of enforcing this
section to the respective licensing boards or committees may be awarded
against any licensee found to be in violation of any provision of this section.
This shall not diminish the power of district attorneys, county counsels, or city
attorneys pursuant to existing law to seek appropriate relief.
(k) A physician and surgeon licensed pursuant to Chapter 5 (commencing
with Section 2000) by the Medical Board of California or a doctor of podiatric
medicine licensed pursuant to Article 22 (commencing with Section 2460) of
Chapter 5 by the California Board of Podiatric Medicine who knowingly and
intentionally violates this section may be cited and assessed an administrative
fine not to exceed ten thousand dollars ($10,000) per event. Section 125.9 shall
govern the issuance of this citation and fine except that the fine limitations
prescribed in paragraph (3) of subdivision (b) of Section 125.9 shall not apply
to a fine under this subdivision.
47
BUSINESS & PROFESSIONS CODE § 651
HISTORY:
Added Stats 1955 ch 1050 § 1. Amended Stats 1972 ch 1361 § 1; Stats 1979 ch 653 § 2; Stats 1983
ch 691 § 1; Stats 1990 ch 1660 § 1 (SB 2036), operative January 1, 1993; Stats 1992 ch 783§1(AB
§ 651.3 BUSINESS & PROFESSIONS CODE
48
Bus. & Prof. Code
2180); Stats 1998 ch 736 § 2 (SB 1981); Stats 1999 ch 631 § 1 (SB 450), ch 856 § 2 (SB 836); Stats 2000
ch 135 § 1 (AB 2539); Stats 2002 ch 313 § 1 (AB 1026); Stats 2011 ch 385 § 1 (SB 540), effective
January 1, 2012; Stats 2017 ch 775 § 6 (SB 798), effective January 1, 2018.
§ 651.3. Health care service plan information and advertising; Pro-
hibition against contracting entity deriving profit from plan
(a) Any labor organization, bona fide employee group or bona fide employee
association having contracted health care services from a health care service
plan under the Knox- Keene Health Care Service Plan Act of 1975 (commenc-
ing with Section 1340 of the Health and Safety Code) may inform its members
as to the benefits available and the charges therefor.
(b) Any new or revised written advertising or solicitation, or any form
of
evidence of coverage adopted by a health care service plan under the Knox-
Keene Health Care Service Plan Act of 1975 (commencing with Section 1340 of
the Health and Safety Code) for distribution to members pursuant to subdi-
vision (a) shall comply with the provisions of the Knox-Keene Health Care
Service Plan Act of 1975 and the regulations thereunder.
(c) Any labor organization, bona fide employee group or bona fide employee
association, contracting for a health care service plan under this section, shall
not derive any profit from such plan.
Nothing contained in this section shall be construed as authorizing a
provider of medical assistance, including a prepaid health plan, under the
Medi-Cal Act or the Waxman-Duffy Prepaid Health Plan Act to advertise in
violation of any of the provisions of such acts and regulations developed
thereto.
HISTORY:
Added Stats 1961 ch 199 § 1. Amended Stats 1969 ch 1158 § 1; Stats 1970 ch 1271 § 1; Stats 1974
ch 766 § 1; 1975 ch 56 § 1, effective May 3, 1975; Stats 1976 ch 536 § 1; Stats 1978 ch 1161 § 16; Stats
1979 ch 653 § 4; Stats 1981 ch 662 § 1.
§ 652. Violations by licensees
Violation of this article in the case of a licensed person constitutes unpro-
fessional conduct and grounds for suspension or revocation of his or her license
by the board by whom he or she is licensed, or if a license has been issued in
connection with a place of business, then for the suspension or revocation of the
place of business in connection with which the violation occurs. The proceed-
ings for suspension or revocation shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and each board shall have all the powers granted
therein. However, in the case of a licensee of the State Department of Health
Services, the proceedings shall be conducted in accordance with Section 110171
of the Health and Safety Code. In addition, any violation constitutes a
misdemeanor as to any and all persons offering, delivering, receiving, accept-
ing, or participating in any rebate, refund, commission, preference, patronage
dividend, unearned discount, or consideration, whether or not licensed under
this division, and is punishable by imprisonment in the county jail not
exceeding six months, by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both the imprisonment and fine.
49
BUSINESS & PROFESSIONS CODE § 654.2
HISTORY:
Added Stats 1949 ch 899 § 1. Amended Stats 1976 ch 1125 § 1; Stats 1994 ch 1206 § 5 (SB 1775);
Stats 1997 ch 220 § 3 (SB 68), effective August 4, 1997.
§ 652.5. Violation of article
Except as otherwise provided in this article, any violation of this article
constitutes a misdemeanor as to any and all persons, whether or not licensed
under this division, and is punishable by imprisonment in the county jail not
exceeding six months, or by a fine not exceeding two thousand five hundred
dollars ($2,500), or by both the imprisonment and fine.
HISTORY:
Added Stats 1969 ch 1158 § 2. Amended Stats 1976 ch 1125 § 2; Stats 1994 ch 1206 § 6 (SB 1775).
§ 653. “Person”
The word “person” as used in this article includes an individual, firm,
partnership, association, corporation, limited liability company, or cooperative
association.
HISTORY:
Added Stats 1949 ch 899 § 1. Amended Stats 1994 ch 1010 § 3 (SB 2053).
§ 654. Licensees’ co-ownership arrangements
No person licensed under Chapter 5 (commencing with Section 2000) of this
division may have any membership, proprietary interest or coownership in any
form in or with any person licensed under Chapter 5.5 (commencing with
Section 2550) of this division to whom patients, clients or customers are
referred or any profit-sharing arrangements.
HISTORY:
Added Stats 1949 ch 899 § 1. Amended Stats 1963 ch 1303 § 1; Stats 1979 ch 688 § 1.
§ 654.2. Referrals to organization in which licensee or family has
significant beneficial interest; Required disclosure statement
(a) It is unlawful for any person licensed under this division or under any
initiative act referred to in this division to charge, bill, or otherwise solicit
payment from a patient on behalf of, or refer a patient to, an organization in
which the licensee, or the licensee’s immediate family, has a significant
beneficial interest, unless the licensee first discloses in writing to the patient,
that there is such an interest and advises the patient that the patient may
choose any organization for the purpose of obtaining the services ordered or
requested by the licensee.
(b) The disclosure requirements of subdivision (a) may be met by posting a
conspicuous sign in an area which is likely to be seen by all patients who use
the facility or by providing those patients with a written disclosure statement.
Where referrals, billings, or other solicitations are between licensees who
contract with multispecialty clinics pursuant to subdivision (l) of Section 1206
of the Health and Safety Code or who conduct their practice as members of the
same professional corporation or partnership, and the services are rendered on
the same physical premises, or under the same professional corporation or
partnership name, the requirements of subdivision (a) may be met by posting
Bus. & Prof. Code
§ 654.2 BUSINESS & PROFESSIONS CODE
50
Bus. & Prof. Code
a conspicuous disclosure statement at a single location which is a common area
or registration area or by providing those patients with a written disclosure
statement.
(c) On and after July 1, 1987, persons licensed under
this division or under
any initiative act referred to in this division shall disclose in writing to any
third-party payer for the patient, when requested by the payer, organizations
in which the licensee, or any member of the licensee’s immediate family, has a
significant beneficial interest and to which patients are referred. The third-
party payer shall not request this information from the provider more than
once a year.
Nothing in this section shall be construed to serve as
the sole basis for the
denial or delay of payment of claims by third party payers.
(d) For the purposes of this section, the following terms
have the following
meanings:
(1) “Immediate family” includes the spouse and children of the licensee,
the parents of the licensee and licensee’s spouse, and the spouses of the
children of the licensee.
(2) “Significant beneficial interest” means any financial interest that is
equal to or greater than the lesser of the following:
(A) Five percent of the whole.
(B) Five thousand dollars ($5,000).
(3) A third-party payer includes any health care service plan, self-insured
employee welfare benefit plan, disability insurer, nonprofit hospital service
plan, or private group or indemnification insurance program.
A third party payer does not include a prepaid capitated
plan licensed
under the Knox-Keene Health Care Service Plan Act of 1975 or Chapter 11a
(commencing with Section 11491) of Part 2 of Division 2 of the Insurance
Code.
(e) This section shall not apply to a “significant beneficial
interest” which is
limited to ownership of a building where the space is leased to the organization
at the prevailing rate under a straight lease agreement or to any interest held
in publicly traded stocks.
(f)(1) This section does not prohibit the acceptance of evaluation
specimens
for proficiency testing or referral of specimens or assignment from one
clinical laboratory to another clinical laboratory, either licensed or exempt
under this chapter, if the report indicates clearly the name of the laboratory
performing the test.
(2) This section shall not apply to relationships governed by
other provi-
sions of this article nor is this section to be construed as permitting
relationships or interests that are prohibited by existing law on the effective
date of this section.
(3) The disclosure requirements of this section shall not be required to be
given to any patient, customer, or his or her representative, if the licensee,
organization, or entity is providing or arranging for health care services
pursuant to a prepaid capitated contract with the State Department of
Health Services.
HISTORY:
Added Stats 1984 ch 639 § 1. Amended Stats 1985 ch 1542 § 1; Stats 1986 ch 881 § 1.
51
BUSINESS & PROFESSIONS CODE § 654.3
§ 654.3. Definitions; Prohibitions relating to open-end credit or loan;
Responsibilities of licensee; Patients’ rights
(a) For purposes of this section, the following definitions shall
apply:
(1) “Arrange for” and “establish” mean the act of a licensee,
or an
employee or agent of that licensee, receiving application information from
the applicant and submitting it to the lender for approval or rejection.
(2) “Deferred interest provision” means a contractual provision that
allows for interest
to be charged on portions of the original balance that have
already been paid off.
(3) “Licensee” means an individual, firm, partnership, association, corpo-
ration, limited liability company
, or cooperative association licensed under
this division or under any initiative act or division referred to in this
division.
(4) “Licensee’s office” means either of the following:
(A) An office of a licensee in solo practice.
(B) An office in which services or goods are personally provided by the
licensee or by employees in that office, or personally by independent
contractors in that office, in accordance with law. Employees and indepen-
dent contractors shall be licensed or certified when licensure or certifica-
tion is required by law.
(5) “Open-end credit” means credit extended by a creditor under a plan in
which the creditor reasonably contemplates repeated transactions, the
creditor may impose a finance charge from time to time on an outstanding
unpaid balance, and the amount of credit that may be extended to the debtor
during the term of the plan, up to any limit set by the creditor, is generally
made available to the extent that any outstanding balance is repaid.
(6)(A) “Patient” includes, but is not limited to, the patient’s parent or
other legal representative.
(B) In veterinary medical settings, “patient” means one of the following,
as indicated by context:
(i) If the patient is receiving the services, the owned animal of a
client.
(ii) If the patient is agreeing to or paying
for services, the client owner
of an animal patient.
(b)(1) It is unlawful for a licensee, or employee
or agent of that licensee, to
arrange for or establish an open-end credit or loan that contains a deferred
interest provision.
(2) This subdivision shall not be construed as prohibiting a licensee, or
employee or agent of a licensee, from doing any of the following:
(A) Charging treatment or costs to an open-end credit or loan that is
lawfully extended by a third party, including those that contain deferred
interest provisions.
(B) Arranging for or establishing an open-end credit or loan that does
any of the following:
(i) Offers a promotional period during which a debtor may avoid the
payment of interest in connection with an open-end credit plan.
(ii) At the end of a promotional period, charges interest on any unpaid
balance remaining at that time.
(iii) Imposes a late fee on a debtor who fails to pay the minimum
amount due during any payment period.
Bus. & Prof. Code
§ 654.3 BUSINESS & PROFESSIONS CODE
52
Bus. & Prof. Code
(c)(1) It is unlawful for a licensee, or employee or agent of that licensee, to
charge treatment or costs to an open-end credit or loan, that is extended by
a third party and that is arranged for, or established in, that licensee’s office,
more than 30 days before the date upon which the treatment is rendered or
costs are incurred.
(2) This subdivision does not apply to orthodontic treatment provided by
a
licensed dentist who may charge incremental fees throughout the course of
treatment.
(d) It is unlawful for a licensee, or employee or agent of that licensee, to
charge treatment or costs to an open-end credit or loan that is extended by a
third party and that is arranged for, or established in, that licensee’s office
without first providing the patient with a treatment plan, as required by
subdivision (h), and a list of which treatment and services are being charged in
advance of rendering treatment or incurring costs.
(e) It is unlawful for a licensee, or employee or agent of
a licensee, to
complete any portion of an application for credit or a loan extended by a third
party for the patient or otherwise arrange for or establish an application that
is not completely filled out by the patient.
(f) A licensee shall, within 15 business days of a patient’s request, refund to
the lender any payment received through credit or a loan extended by a third
party that is arranged for, or established in, that licensee’s office for treatment
that has not been rendered or costs that have not been incurred.
(g) A licensee, or an employee or agent of that licensee, shall not arrange for
or establish credit or a loan extended by a third party for a patient without first
providing the following written or electronic notice, on one page or screen,
respectively, in at least 14-point type, and obtaining a signature from the
patient:
“Credit or Loan for Health Care Services
The attached application and information is for a credit card or loan to help
you pay for your health care treatment. You should know that:
You are applying for a credit card/line of credit or a
loan for $ .
You do not have to apply for the credit card or the loan. You may request a
different place and additional time to review, fill out, and sign the application.
You may pay your health care provider for treatment in another manner.
This credit card or loan is not a payment plan with the provider’s office. It is
credit with, or a loan made by, [name of company issuing the credit card/line of
credit or loan]. Your health care provider does not work for this company.
Before applying for this credit card or loan, you have the right to a written
treatment plan from your health care provider. This plan must include the
expected treatment to be provided and the estimated costs of each service. If
you have insurance, the treatment plan must tell you how much your
insurance is expected to cover. If you are a Medi-Cal patient seeking services
from a Medi-Cal provider, your treatment plan must tell you if Medi-Cal will
cover a different service to treat your condition. If you only want services
covered by Medi-Cal, you should not sign up for this credit card or loan.
Your health care provider cannot charge your credit card or loan account
before you start treatment.
You have the right to have your credit card or loan account refunded for any
charges for treatment you did not get. However, your provider does not have to
refund the amount they spent to prepare for your treatment. Your health care
53
BUSINESS & PROFESSIONS CODE § 654.3
provider must refund the amount of the charges to the lender within 15
business days of your request. The lender must take refunded charges off your
account.
Please read carefully the terms and conditions of this credit card or loan.
You may be required to pay interest rates on the amount charged to the
credit card or the amount of the loan. If you pay late, you may have to pay a
penalty and a higher interest rate.
You may use this credit card or loan to pay for future health care services.
If you do not pay the money that you owe on the credit card or loan, your
missed payments can be reported and could hurt your credit rating. You could
also be sued.
[Patient’s Signature]”
(h) Before arranging for or establishing credit or a loan
extended by a third
party, a licensee shall give a patient a written treatment plan that complies
with all of the following:
(1) The treatment plan shall include each anticipated service to be
provided and the estimated cost of each service.
(2) If a patient is covered by a private or
government medical benefit plan
or medical insurance from which the licensee takes assignment of benefits,
the treatment plan shall indicate the patient’s private or government-
estimated share of cost for each service.
(3) If the licensee accepts Medi-Cal, the treatment plan for a Medi-Cal
patient shall indicate if Medi-Cal would cover an alternate, medically
necessary service as defined in Section 14059.5 of the Welfare and Institu-
tions Code. The treatment plan shall indicate that the Medi-Cal patient has
a right to ask for only services covered by Medi-Cal and that the licensee
agrees to follow Medi-Cal rules to secure Medi-Cal covered services before
treatment.
(4) If the licensee does not take assignment of benefits from a patient’s
medical benefit plan or insurance, the treatment plan shall indicate that the
treatment may or may not be covered by a patient’s medical benefit or
insurance plan, and that the patient has the right to confirm medical benefit
or insurance information from the patient’s plan, insurer, or employer before
beginning treatment.
(i) A licensee, or an employee or agent of that licensee, shall not arrange for
or establish credit or a loan extended by a third party for a patient with whom
the licensee, or an employee or agent of that licensee, communicates primarily
in a language other than English that is one of the Medi-Cal threshold
languages, unless the written notice information required by subdivision (g) is
also provided in that language.
(j)(1) A licensee, or an employee or agent of that licensee, shall not arrange
for or establish credit or a loan that is extended by a third party for a patient
under either of the following circumstances:
(A) The patient has been administered or is under the influence of
general anesthesia, conscious sedation, or nitrous oxide.
(B) The patient is in a treatment area, including, but not limited to, an
exam room, surgical room, or other area where medical treatment is
administered, unless the patient agrees to fill out and sign the application
to arrange for or establish credit or a loan in the treatment area.
Bus. & Prof. Code
§ 680 BUSINESS & PROFESSIONS CODE
54
Bus. & Prof. Code
(2) Paragraph (1) shall not apply to veterinary medicine. Any credit or
loan application offered to an owner of an animal shall be filled out by the
owner.
(k) A patient who suffers any damage as a result of the use or employment
by any person of a method, act, or practice that willfully violates this section
may seek the relief provided by Chapter 4 (commencing with Section 1780) of
Title 1.5 of Part 4 of Division 3 of the Civil Code.
(l) The rights, remedies, and penalties set forth in this article are cumula-
tive, and shall not supersede the rights, remedies, or penalties established
under other laws.
(m) This section shall become operative on July 1, 2020.
HISTORY:
Added Stats 2019 ch 856 § 2 (SB 639), effective January 1, 2020, operative July 1, 2020.
ARTICLE 7.5
HEALTH CARE PRACTITIONERS
HISTORY: Added Stats 1998 ch 1013 § 1.
§ 680. Health care practitioner’s disclosure of name and license
status
(a) Except as otherwise provided in this section, a health care practitioner
shall disclose, while working, his or her name and practitioner’s license status,
as granted by this state, on a name tag in at least 18-point type. A health care
practitioner in a practice or an office, whose license is prominently displayed,
may opt to not wear a name tag. If a health care practitioner or a licensed
clinical social worker is working in a psychiatric setting or in a setting that is
not licensed by the state, the employing entity or agency shall have the
discretion to make an exception from the name tag requirement for individual
safety or therapeutic concerns. In the interest of public safety and consumer
awareness, it shall be unlawful for any person to use the title “nurse” in
reference to himself or herself and in any capacity, except for an individual who
is a registered nurse or a licensed vocational nurse, or as otherwise provided in
Section 2800. Nothing in this section shall prohibit a certified nurse assistant
from using his or her title.
(b) Facilities licensed by the State Department of Social Services, the
State
Department of Public Health, or the State Department of Health Care Services
shall develop and implement policies to ensure that health care practitioners
providing care in those facilities are in compliance with subdivision (a). The
State Department of Social Services, the State Department of Public Health,
and the State Department of Health Care Services shall verify through
periodic inspections that the policies required pursuant to subdivision (a) have
been developed and implemented by the respective licensed facilities.
(c) For purposes of this article, “health care practitioner” means any
person
who engages in acts that are the subject of licensure or regulation under this
division or under any initiative act referred to in this division.
....................................................................
..................................................
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55
BUSINESS & PROFESSIONS CODE § 680.5
HISTORY:
Added Stats 1998 ch 1013 § 1 (AB 1439). Amended Stats 1999 ch 411 § 1 (AB 1433); Stats 2000 ch
135 § 2 (AB 2539); Stats 2012 ch 34 § 2 (SB 1009), effective June 27, 2012; Stats 2013 ch 23§1(AB
82), effective June 27, 2013.
§ 680.5. Additional disclosures of specified information; Applicabil-
ity
(a)(1) A health care practitioner licensed under Division 2 (commencing with
Section 500) shall communicate to a patient his or her name, state-granted
practitioner license type, and highest level of academic degree, by one or
both of the following methods:
(A) In writing at the patient’s initial office visit.
(B) In a prominent display in an area visible to patients in his or her
office.
(2) An individual licensed under Chapter 6 (commencing with Section
2700) or Chapter 9 (commencing with Section 4000) is not required to
disclose the highest level of academic degree he or she holds.
(b) A person licensed under Chapter 5 (commencing with Section 2000) or
under the Osteopathic Act, who is certified by (1) an American Board of
Medical Specialties member board, (2) a board or association with require-
ments equivalent to a board described in paragraph (1) approved by that
person’s medical licensing authority, or (3) a board or association with an
Accreditation Council for Graduate Medical Education approved postgraduate
training program that provides complete training in the person’s specialty or
subspecialty, shall disclose the name of the board or association by either
method described in subdivision (a).
(c) A health care practitioner who chooses to disclose the information
required by subdivisions (a) and (b) pursuant to subparagraph (A) of para-
graph (1) of subdivision (a) shall present that information in at least 24-point
type in the following format:
HEALTH CARE PRACTITIONER INFORMATION
1. Name and license
2. Highest level of academic degree
3. Board certification (ABMS/MBC)
(d) This section shall not apply to the following health care practitioners:
(1) A person who provides professional medical services to enrollees of a
health care service plan that exclusively contracts with a single medical
group in a specific geographic area to provide or arrange for professional
medical services for the enrollees of the plan.
(2) A person who works in a facility licensed under Section 1250 of the
Health and Safety Code or in a clinical laboratory licensed under Section
1265.
(3) A person licensed under Chapter 3 (commencing with Section 1200),
Chapter 7.5 (commencing with Section 3300), Chapter 8.3 (commencing with
Section 3700), Chapter 11 (commencing with Section 4800), Chapter 13
(commencing with Section 4980), Chapter 14 (commencing with Section
4990.1), or Chapter 16 (commencing with Section 4999.10).
(e) A health care practitioner, who provides information regarding health
care services on an Internet Web site that is directly controlled or administered
Bus. & Prof. Code
§ 700 BUSINESS & PROFESSIONS CODE
56
Bus. & Prof. Code
by that health care practitioner or his or her office personnel, shall prominently
display on that Internet Web site the information required by this section.
HISTORY:
Added Stats 2010 ch 436 § 1 (AB 583), effective January 1, 2011. Amended Stats 2011 ch 381 § 5
(SB 146), effective January 1, 2012.
ARTICLE 9
INACTIVE LICENSE
HISTORY: Added Stats 1977 ch 410 § 1, effective August 27, 1977.
§ 700. Legislative intent
It is the intent of the Legislature to establish in this article an inactive
category of health professionals’ licensure. Such inactive licenses or certificates
are intended to allow a person who has a license or certificate in one of the
healing arts, but who is not actively engaged in the practice of his or her
profession, to maintain licensure or certification in a nonpracticing status.
HISTORY:
Added Stats 1977 ch 410 § 1, effective August 27, 1977.
§ 701. Issuance
(a) As used in this article, “board” refers to any healing arts board, division,
or examining committee which licenses or certifies health professionals.
(b) Each healing arts board referred to in this division shall issue, upon
application and payment of the normal renewal fee, an inactive license or
certificate to a current holder of an active license or certificate whose license or
certificate is not suspended, revoked, or otherwise punitively restricted by that
board.
HISTORY:
Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 1 (AB 1659),
effective January 1, 2019.
§ 702. Holder prohibited from engaging in active license activity
The holder of an inactive healing arts license or certificate issued pursuant
to this article shall not do any of the following:
(a) Engage in any activity for which an active license or certificate is
required.
(b) Represent that he or she has an active license.
HISTORY:
Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 2 (AB 1659),
effective January 1, 2019.
§ 703. Renewal; Fees
(a) An inactive healing arts license or certificate issued pursuant to this
article shall be renewed during the same time period at which an active license
or certificate is renewed. In order to renew a license or certificate issued
57
BUSINESS & PROFESSIONS CODE § 725
pursuant to this article, the holder thereof need not comply with any continu-
ing education requirement for renewal of an active license or certificate.
(b) The renewal fee for a license or certificate in an active status shall apply
also for renewal of a license or certificate in an inactive status, unless a lower
fee has been established by the issuing board.
HISTORY:
Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 2018 ch 249 § 3 (AB 1659),
effective January 1, 2019.
§ 704. Restoration to active status
In order for the holder of an inactive license or certificate issued pursuant to
this article to restore his or her license or certificate to an active status, the
holder of an inactive license or certificate shall comply with all the following:
(a) Pay the renewal fee; provided, that the renewal fee shall be waived for
a physician and surgeon who certifies to the Medical Board of California that
license restoration is for the sole purpose of providing voluntary, unpaid
service to a public agency, not-for-profit agency, institution, or corporation
which provides medical services to indigent patients in medically under-
served or critical-need population areas of the state.
(b) If the board requires completion of continuing education for renewers
of an active license or certificate, complete continuing education equivalent
to that required for a single license renewal period.
HISTORY:
Added Stats 1977 ch 410 § 1, effective August 27, 1977. Amended Stats 1999 ch 631 § 2 (SB 450).
ARTICLE 10.5
UNPROFESSIONAL CONDUCT
HISTORY: Added Stats 1979 ch 348 § 2.
§ 725. Excessive prescribing or treatment; Treatment for intractable
pain
(a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or
administering of drugs or treatment, repeated acts of clearly excessive use of
diagnostic procedures, or repeated acts of clearly excessive use of diagnostic or
treatment facilities as determined by the standard of the community of
licensees is unprofessional conduct for a physician and surgeon, dentist,
podiatrist, psychologist, physical therapist, chiropractor, optometrist, speech-
language pathologist, or audiologist.
(b) Any person who engages in repeated acts of clearly excessive
prescribing
or administering of drugs or treatment is guilty of a misdemeanor and shall be
punished by a fine of not less than one hundred dollars ($100) nor more than
six hundred dollars ($600), or by imprisonment for a term of not less than 60
days nor more than 180 days, or by both that fine and imprisonment.
(c) A practitioner who has a medical basis for prescribing, furnishing,
dispensing, or administering dangerous drugs or prescription controlled sub-
Bus. & Prof. Code
§ 726 BUSINESS & PROFESSIONS CODE
58
Bus. & Prof. Code
stances shall not be subject to disciplinary action or prosecution under this
section.
(d) No physician and surgeon shall be subject to disciplinary action pursu-
ant to this section for treating intractable pain in compliance with Section
2241.5.
HISTORY:
Added Stats 1979 ch 348 § 2. Amended Stats 1984 ch 769 § 1; Stats 1998 ch 984 § 1 (AB 2305); Stats
2006 ch 350 § 2 (AB 2198), ch 659 § 1.5 (SB 1475), effective January 1, 2007; Stats 2007 ch 130 § 2
(AB 299), effective January 1, 2008.
§ 726. Commission of act of sexual abuse or misconduct with pa-
tient or client
(a) The commission of any act of sexual abuse, misconduct, or relations with
a patient, client, or customer constitutes unprofessional conduct and grounds
for disciplinary action for any person licensed under this division or under any
initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a
licensee and his or her spouse or person in an equivalent domestic relationship
when that licensee provides medical treatment, other than psychotherapeutic
treatment, to his or her spouse or person in an equivalent domestic relation-
ship.
HISTORY:
Added Stats 1979 ch 955 § 1, as B & P C § 730. Renumbered by Stats 1981 ch 714 § 3. Amended
Stats 1983 ch 928 § 1; Stats 1993 ch 1072 § 1 (SB 743); Stats 2015 ch 510 § 3 (AB 179), effective
January 1, 2016.
ARTICLE 11
PROFESSIONAL REPORTING
HISTORY: Added Stats 2d Ex Sess 1975 ch 1 § 2.3. Former Article 11, consisting of §§ 800–803,
relating to reporting of malpractice actions, was added Stats 1970 ch 1111 § 1, operative January
1, 1971, and repealed Stats 2d Ex Sess 1975 ch 1 § 2.2.
§ 800. Central files of licensees’ individual historical records
(a) The Medical Board of California, the Podiatric Medical Board of Califor-
nia, the Board of Psychology, the Dental Board of California, the Dental
Hygiene Board of California, the Osteopathic Medical Board of California, the
State Board of Chiropractic Examiners, the Board of Registered Nursing, the
Board of Vocational Nursing and Psychiatric Technicians of the State of
California, the California State Board of Optometry, the Veterinary Medical
Board, the Board of Behavioral Sciences, the Physical Therapy Board of
California, the California State Board of Pharmacy, the Speech-Language
Pathology and Audiology and Hearing Aid Dispensers Board, the California
Board of Occupational Therapy, the Acupuncture Board, and the Physician
Assistant Board shall each separately create and maintain a central file of the
names of all persons who hold a license, certificate, or similar authority from
that board. Each central file shall be created and maintained to provide an
59
BUSINESS & PROFESSIONS CODE § 800
individual historical record for each licensee with respect to the following
information:
(1) Any conviction of a crime in this or any other state that constitutes
unprofessional conduct pursuant to the reporting requirements of Section
803.
(2) Any judgment or settlement requiring the licensee or the
licensee’s
insurer to pay any amount of damages in excess of three thousand dollars
($3,000) for any claim that injury or death was proximately caused by the
licensee’s negligence, error, or omission in practice, or by rendering unau-
thorized professional services, pursuant to the reporting requirements of
Section 801 or 802.
(3) Any public complaints for which provision is made pursuant
to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805, including
any additional exculpatory or explanatory statements submitted by the
licentiate pursuant to subdivision (f) of Section 805. If a court finds, in a final
judgment, that the peer review resulting in the 805 report was conducted in
bad faith and the licensee who is the subject of the report notifies the board
of that finding, the board shall include that finding in the central file. For
purposes of this paragraph, “peer review” has the same meaning as defined
in Section 805.
(5) Information reported pursuant to Section 805.01, including any ex-
planatory or exculpatory information submitted by the licensee pursuant to
subdivision (b) of that section.
(b)(1) Each board shall prescribe and promulgate forms on which members
of the public and other licensees or certificate holders may file written
complaints to the board alleging any act of misconduct in, or connected with,
the performance of professional services by the licensee.
(2) If a board, or division thereof, a committee, or a panel has failed to act
upon a complaint or report within five years, or has found that the complaint
or report is without merit, the central file shall be purged of information
relating to the complaint or report.
(3) Notwithstanding this subdivision, the Board of Psychology, the Board
of Behavioral Sciences, and the Respiratory Care Board of California shall
maintain complaints or reports as long as each board deems necessary.
(c)(1) The contents of any central file that are not public records under any
other provision of law shall be confidential except that the licensee involved,
or the licensee’s counsel or representative, may inspect and have copies
made of the licensee’s complete file except for the provision that may disclose
the identity of an information source. For the purposes of this section, a
board may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the source or by
providing a summary of the substance of the material. Whichever method is
used, the board shall ensure that full disclosure is made to the subject of any
personal information that could reasonably in any way reflect or convey
anything detrimental, disparaging, or threatening to a licensee’s reputation,
rights, benefits, privileges, or qualifications, or be used by a board to make
a determination that would affect a licensee’s rights, benefits, privileges, or
qualifications. The information required to be disclosed pursuant to Section
Bus. & Prof. Code
§ 801 BUSINESS & PROFESSIONS CODE
60
Bus. & Prof. Code
803.1 shall not be considered among the contents of a central file for the
purposes of this subdivision.
(2) The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the board
shall include in the central file.
(3) Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for licensing,
certification, or regulatory purposes to inspect and have copies made of that
licensee’s file, unless the disclosure is otherwise prohibited by law.
(4) These disclosures shall effect no change in the confidential status of
these records.
HISTORY:
Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1975 2d Ex Sess ch 2 § 1.005, effective
September 24, 1975, operative December 12, 1975; Stats 1976 ch 1185 § 1; Stats 1980 ch 1313 § 1;
Stats 1987 ch 721 § 1; Stats 1989 ch 354 § 1, ch 886 § 10 (ch 354 prevails); Stats 1991 ch 359§5(AB
1332), ch 1091 § 1 (AB 1487) (ch 359 prevails); Stats 1994 ch 26 § 15.5 (AB 1807), effective March 30,
1994; Stats 1995 ch 60 § 6 (SB 42), effective July 6, 1995, and ch 5 § 1 (SB 158), ch 708 § 1.5 (SB 609),
ch 796 § 1 (SB 45) (ch 708 prevails), effective January 1, 1996; Stats 1997 ch 759 § 9 (SB 827); Stats
1999 ch 252 § 1 (AB 352), ch 655 § 2 (SB 1308); Stats 2002 ch 1085 § 1 (SB 1950), ch 1150 § 2.5 (SB
1955); Stats 2006 ch 659 § 2 (SB 1475), effective January 1, 2007; Stats 2009 ch 308 § 9 (SB 819),
effective January 1, 2010; Stats 2010 ch 505 § 1 (SB 700), effective January 1, 2011; Stats 2012 ch 332
§ 1 (SB 1236), effective January 1, 2013; Stats 2015 ch 426 § 5 (SB 800), effective January 1, 2016;
Stats 2017 ch 775 § 9 (SB 798), effective January 1, 2018; Stats 2018 ch 858 § 2 (SB 1482), effective
January 1, 2019; Stats 2019 ch 849 § 1 (SB 425), effective January 1, 2020; Stats 2021 ch 630 § 14 (AB
1534), effective January 1, 2022.
§ 801. Insurers’ reports of malpractice settlements or arbitration
awards; Insured’s written consent to settlement
(a) Except as provided in Section 801.01 and subdivisions (b), (c), (d), and (e)
of this section, every insurer providing professional liability insurance to a
person who holds a license, certificate, or similar authority from or under any
agency specified in subdivision (a) of Section 800 shall send a complete report
to that agency as to any settlement or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by that person’s negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services. The report shall be sent
within 30 days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
(b) Every insurer providing professional liability insurance to a person
licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14
(commencing with Section 4990), or Chapter 16 (commencing with Section
4999.10) shall send a complete report to the Board of Behavioral Sciences as to
any settlement or arbitration award over ten thousand dollars ($10,000) of a
claim or action for damages for death or personal injury caused by that
person’s negligence, error, or omission in practice, or by his or her rendering of
unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
by all parties thereto or within 30 days after service of the arbitration award
on the parties.
61
BUSINESS & PROFESSIONS CODE § 801
(c) Every insurer providing professional liability insurance to a dentist
licensed pursuant to Chapter 4 (commencing with Section 1600) shall send a
complete report to the Dental Board of California as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or action for
damages for death or personal injury caused by that person’s negligence, error,
or omission in practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement agreement has
been reduced to writing and signed by all parties thereto or within 30 days
after service of the arbitration award on the parties.
(d) Every insurer providing liability insurance to a veterinarian licensed
pursuant to Chapter 11 (commencing with Section 4800) shall send a complete
report to the Veterinary Medical Board of any settlement or arbitration award
over ten thousand dollars ($10,000) of a claim or action for damages for death
or injury caused by that person’s negligence, error, or omission in practice, or
rendering of unauthorized professional service. The report shall be sent within
30 days after the written settlement agreement has been reduced to writing
and signed by all parties thereto or within 30 days after service of the
arbitration award on the parties.
(e) Every insurer providing professional liability insurance to a person
licensed pursuant to Chapter 6 (commencing with Section 2700) shall send a
complete report to the Board of Registered Nursing as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or action for
damages for death or personal injury caused by that person’s negligence, error,
or omission in practice, or by his or her rendering of unauthorized professional
services. The report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties thereto or
within 30 days after service of the arbitration award on the parties.
(f) The insurer shall notify the claimant, or if the claimant is represented by
counsel, the insurer shall notify the claimant’s attorney, that the report
required by subdivision (a), (b), or (c) has been sent to the agency. If the
attorney has not received this notice within 45 days after the settlement was
reduced to writing and signed by all of the parties, the arbitration award was
served on the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(g) Notwithstanding any other provision of law, no insurer shall enter into a
settlement without the written consent of the insured, except that this
prohibition shall not void any settlement entered into without that written
consent. The requirement of written consent shall only be waived by both the
insured and the insurer.
(h) For purposes of this section, “insurer” means the following:
(1) The insurer providing professional liability insurance to the licensee.
(2) The licensee, or his or her counsel, if the licensee does not possess
professional liability insurance.
(3) A state or local governmental agency, including, but not limited to, a
joint powers authority, that self-insures the licensee. As used in this
paragraph, “state governmental agency” includes, but is not limited to, the
University of California.
HISTORY:
Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1979 ch 923 § 1; Stats 1989 ch 398 § 1, ch
886 § 11 (ch 398 prevails); Stats 1991 ch 359 § 6 (AB 1332), ch 1091 § 2 (AB 1487) (ch 359 prevails);
Bus. & Prof. Code
§ 801.1 BUSINESS & PROFESSIONS CODE
62
Bus. & Prof. Code
Stats 1994 ch 468 § 1 (AB 559), ch 1206 § 8 (SB 1775); Stats 1995 ch5§2(SB 158); Stats 1997 ch
359 § 1 (AB 103); Stats 2002 ch 1085 § 2 (SB 1950); Stats 2004 ch 467 § 1 (SB 1548); Stats 2006 ch
223 § 3 (SB 1438) (ch 223 prevails), effective January 1, 2007, ch 538 § 2 (SB 1852); Stats 2009 ch 308
§ 10 (SB 819), effective January 1, 2010; Stats 2011 ch 381 § 6 (SB 146), effective January 1, 2012;
Stats 2017 ch 520 § 1 (SB 799), effective January 1, 2018.
§ 801.1. Report of settlement or arbitration award where state or
local government acts as self-insurer in cases of negligence, error,
omission in practice, or rendering of unauthorized services result-
ing in death or personal injury
(a) Every state or local governmental agency that self-insures a person who
holds a license, certificate, or similar authority from or under any agency
specified in subdivision (a) of Section 800 (except a person licensed pursuant to
Chapter 3 (commencing with Section 1200) or Chapter 5 (commencing with
Section 2000) or the Osteopathic Initiative Act) shall send a complete report to
that agency as to any settlement or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by that person’s negligence, error, or omission in practice, or rendering
of unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
by all parties thereto or within 30 days after service of the arbitration award
on the parties.
(b) Every state or local governmental agency that self-insures a person
licensed pursuant to Chapter 13 (commencing with Section 4980), Chapter 14
(commencing with Section 4990), or Chapter 16 (commencing with Section
4999.10) shall send a complete report to the Board of Behavioral Science
Examiners as to any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal injury caused
by that person’s negligence, error, or omission in practice, or rendering of
unauthorized professional services. The report shall be sent within 30 days
after the written settlement agreement has been reduced to writing and signed
by all parties thereto or within 30 days after service of the arbitration award
on the parties.
HISTORY:
Added Stats 1995 ch 708 § 2 (SB 609). Amended Stats 2002 ch 1085 § 3 (SB 1950); Stats 2006 ch
223 § 5 (SB 1438), effective January 1, 2007; Stats 2011 ch 381 § 7 (SB 146), effective January 1, 2012.
§ 802. Reports of malpractice settlements or arbitration awards in-
volving uninsured licensees; Penalties for noncompliance
(a) Every settlement, judgment, or arbitration award over three thousand
dollars ($3,000) of a claim or action for damages for death or personal injury
caused by negligence, error or omission in practice, or by the unauthorized
rendering of professional services, by a person who holds a license, certificate,
or other similar authority from an agency specified in subdivision (a) of Section
800 (except a person licensed pursuant to Chapter 3 (commencing with Section
1200) or Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act) who does not possess professional liability insurance as to that
claim shall, within 30 days after the written settlement agreement has been
reduced to writing and signed by all the parties thereto or 30 days after service
of the judgment or arbitration award on the parties, be reported to the agency
63
BUSINESS & PROFESSIONS CODE § 802
that issued the license, certificate, or similar authority. A complete report shall
be made by appropriate means by the person or his or her counsel, with a copy
of the communication to be sent to the claimant through his or her counsel if
the person is so represented, or directly if he or she is not. If, within 45 days of
the conclusion of the written settlement agreement or service of the judgment
or arbitration award on the parties, counsel for the claimant (or if the claimant
is not represented by counsel, the claimant himself or herself) has not received
a copy of the report, he or she shall himself or herself make the complete
report. Failure of the licensee or claimant (or, if represented by counsel, their
counsel) to comply with this section is a public offense punishable by a fine of
not less than fifty dollars ($50) or more than five hundred dollars ($500).
Knowing and intentional failure to comply with this section or conspiracy or
collusion not to comply with this section, or to hinder or impede any other
person in the compliance, is a public offense punishable by a fine of not less
than five thousand dollars ($5,000) nor more than fifty thousand dollars
($50,000).
(b) Every settlement, judgment, or arbitration award over ten thousand
dollars ($10,000) of a claim or action for damages for death or personal injury
caused by negligence, error or omission in practice, or by the unauthorized
rendering of professional services, by a marriage and family therapist, a
clinical social worker, or a professional clinical counselor licensed pursuant to
Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with
Section 4990), or Chapter 16 (commencing with Section 4999.10), respectively,
who does not possess professional liability insurance as to that claim shall
within 30 days after the written settlement agreement has been reduced to
writing and signed by all the parties thereto or 30 days after service of the
judgment or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete report shall be
made by appropriate means by the person or his or her counsel, with a copy of
the communication to be sent to the claimant through his or her counsel if he
or she is so represented, or directly if he or she is not. If, within 45 days of the
conclusion of the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if he or she is not
represented by counsel, the claimant himself or herself) has not received a copy
of the report, he or she shall himself or herself make a complete report. Failure
of the marriage and family therapist, clinical social worker, or professional
clinical counselor or claimant (or, if represented by counsel, his or her counsel)
to comply with this section is a public offense
punishable by a fine of not less
than fifty dollars ($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or collusion not to
comply with this section or to hinder or impede any other person in that
compliance, is a public offense punishable by a fine of not less than five
thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000).
HISTORY:
Added Stats 1975 2d Ex Sess ch 1 § 2.3. Amended Stats 1979 ch 923 § 2; Stats 1989 ch 398 § 2; Stats
1997 ch 359 § 2 (AB 103); Stats 2001 ch 728 § 1.5 (SB 724); Stats 2002 ch 1085 § 4 (SB 1950); Stats
2005 ch 674 § 4 (SB 231), effective January 1, 2006; Stats 2006 ch 223 § 6 (SB 1438), effective January
1, 2007; Stats 2011 ch 381 § 8 (SB 146), effective January 1, 2012.
Bus. & Prof. Code
§ 810 BUSINESS & PROFESSIONS CODE
64
Bus. & Prof. Code
ARTICLE 12
INSURANCE FRAUD
HISTORY: Added Stats 1978 ch 174 § 1, effective May 31, 1978.
§ 810. Grounds for disciplinary action against health care profes-
sional
(a) It shall constitute unprofessional conduct and grounds for disciplinary
action, including suspension or revocation of a license or certificate, for a
health care professional to do any of the following in connection with their
professional activities:
(1) Knowingly present or cause to be presented any false or fraudulent
claim for the payment of a loss under a contract of insurance.
(2) Knowingly prepare, make, or subscribe any writing, with intent to
present or use the same, or to allow it to be presented or used in support of
any false or fraudulent claim.
(b) It shall constitute cause for revocation or suspension of a license or
certificate for a health care professional to engage in any conduct prohibited
under Section 1871.4 of the Insurance Code or Section 549 or 550 of the Penal
Code.
(c)(1) It shall constitute cause for automatic suspension of a license or
certificate issued pursuant to Chapter 4 (commencing with Section 1600),
Chapter 5 (commencing with Section 2000), Chapter 6.6 (commencing with
Section 2900), Chapter 7 (commencing with Section 3000), or Chapter 9
(commencing with Section 4000), or pursuant to the Chiropractic Act or the
Osteopathic Act, if a licensee or certificate holder has been convicted of any
felony involving fraud committed by the licensee or certificate holder in
conjunction with providing benefits covered by worker’s compensation in-
surance, or has been convicted of any felony involving Medi-Cal fraud
committed by the licensee or certificate holder in conjunction with the
Medi-Cal program, including the Denti-Cal element of the Medi-Cal pro-
gram, pursuant to Chapter 7 (commencing with Section 14000), or Chapter
8 (commencing with Section 14200), of Part 3 of Division 9 of the Welfare and
Institutions Code. The board shall convene a disciplinary hearing to deter-
mine whether or not the license or certificate shall be suspended, revoked, or
some other disposition shall be considered, including, but not limited to,
revocation with the opportunity to petition for reinstatement, suspension, or
other limitations on the license or certificate as the board deems appropriate.
(2) It shall constitute cause for automatic suspension and for revocation of
a license or certificate issued pursuant to Chapter 4 (commencing with
Section 1600), Chapter 5 (commencing with Section 2000), Chapter 6.6
(commencing with Section 2900), Chapter 7 (commencing with Section
3000), or Chapter 9 (commencing with Section 4000), or pursuant to the
Chiropractic Act or the Osteopathic Act, if a licensee or certificate holder has
more than one conviction of any felony arising out of separate prosecutions
involving fraud committed by the licensee or certificate holder in conjunction
with providing benefits covered by worker’s compensation insurance, or in
conjunction with the Medi-Cal program, including the Denti-Cal element of
65
BUSINESS & PROFESSIONS CODE § 820
the Medi-Cal program pursuant to Chapter 7 (commencing with Section
14000), or Chapter 8 (commencing with Section 14200), of Part 3 of Division
9 of the Welfare and Institutions Code. The board shall convene a disciplin-
ary hearing to revoke the license or certificate and an order of revocation
shall be issued unless the board finds mitigating circumstances to order
some other disposition.
(3) It is the intent of the Legislature that paragraph
(2) apply to a licensee
or certificate holder who has one or more convictions prior to January 1,
2004, as provided in this subdivision.
(4) Nothing in this subdivision shall preclude a board from suspending or
revoking a license or certificate pursuant to any other provision of law.
(5) “Board,” as used in this subdivision, means the Dental Board of
California, the Medical Board of California, the California Board of Podiatric
Medicine, the Board of Psychology, the California State Board of Optometry,
the California State Board of Pharmacy, the Osteopathic Medical Board of
California, and the State Board of Chiropractic Examiners.
(6) “More than one conviction,” as used in this subdivision, means that the
licensee or certificate holder has one or more convictions prior to January 1,
2004, and at least one conviction on or after that date, or the licensee or
certificate holder has two or more convictions on or after January 1, 2004.
However, a licensee or certificate holder who has one or more convictions
prior to January 1, 2004, but who has no convictions and is currently
licensed or holds a certificate after that date, does not have “more than one
conviction” for the purposes of this subdivision.
(d) As used in this section, health care professional means any person
licensed or certified pursuant to this division, or licensed pursuant to the
Osteopathic Initiative Act, or the Chiropractic Initiative Act.
HISTORY:
Added Stats 1978 ch 174 § 1, effective May 31, 1978. Amended Stats 1991 ch 116 § 1 (SB 1218);
Stats 1997 ch 758 § 2.6 (SB 1346); Stats 2003 ch 595 § 1 (SB 359), ch 659 § 1.5 (AB 747); Stats 2004
ch 333 § 1 (AB 2835); Stats 2017 ch 775 § 16 (SB 798), effective January 1, 2018; Stats 2021 ch 630
§ 15 (AB 1534), effective January 1, 2022.
ARTICLE 12.5
MENTAL ILLNESS OR PHYSICAL ILLNESS
HISTORY: Added Stats 1982 ch 1183 § 1.
§ 820. Examination of licentiate for mental illness or physical ill-
ness affecting competency
Whenever it appears that any person holding a license, certificate or permit
under this division or under any initiative act referred to in this division may
be unable to practice his or her profession safely because the licentiate’s ability
to practice is impaired due to mental illness, or physical illness affecting
competency, the licensing agency may order the licentiate to be examined by
one or more physicians and surgeons or psychologists designated by the
agency. The report of the examiners shall be made available to the licentiate
Bus. & Prof. Code
§ 821 BUSINESS & PROFESSIONS CODE
66
Bus. & Prof. Code
and may be received as direct evidence in proceedings conducted pursuant to
Section 822.
HISTORY:
Added Stats 1982 ch 1183 § 1. Amended Stats 1989 ch 1104 § 1.7.
§ 821. Effect of licentiate’s failure to comply with order for exami-
nation
The licentiate’s failure to comply with an order issued under Section 820
shall constitute grounds for the suspension or revocation of the licentiate’s
certificate or license.
HISTORY:
Added Stats 1982 ch 1183 § 1.
§ 821.5. [Section repealed 2010.]
HISTORY:
Added Stats 1996 ch 644 § 1 (AB 1974), effective September 19, 1996. Repealed Stats 2009 ch 307
§ 3 (SB 821), effective January 1, 2010. The repealed section related to formal investigation of a
physician and surgeon’s ability to practice medicine safely based upon information indicating that the
physician and surgeon may be suffering from a disabling mental or physical condition that poses a
threat to patient care.
§ 821.6. [Section repealed 2010.]
HISTORY:
Added Stats 1996 ch 644 § 2 (AB 1974), effective September 19, 1996. Repealed Stats 2009 ch 307
§ 4 (SB 821), effective January 1, 2010. The repealed section related to regulations to implement the
monitoring responsibility of the diversion program administrator.
§ 822. Action by licensing agency
If a licensing agency determines that its licentiate’s ability to practice his or
her profession safely is impaired because the licentiate is mentally ill, or
physically ill affecting competency, the licensing agency may take action by
any one of the following methods:
(a) Revoking the licentiate’s certificate or license.
(b) Suspending the licentiate’s right to practice.
(c) Placing the licentiate on probation.
(d) Taking such other action in relation to the licentiate as the licensing
agency in its discretion deems proper.
The licensing agency shall not reinstate a revoked or suspended certificate
or license until it has received competent evidence of the absence or control
of the condition which caused its action and until it is satisfied that with due
regard for the public health and safety the person’s right to practice his or
her profession may be safely reinstated.
HISTORY:
Added Stats 1982 ch 1183 § 1.
67
BUSINESS & PROFESSIONS CODE § 824
SUGGESTED FORMS
Petition by Dentist for Termination of License Suspension—License Suspended on Grounds of
Mental Illness or Physical Illness Affecting Competency—Unconditional Release from Medical
Facility
To: The Board of Dental Examiners of California
[Caption]
The petition
of the undersigned respectfully represents:1.Petitioner’s license to practice dentistry
was suspended by operation of law on .2. [Set forth facts regarding the determina-
tion of petitioner’s
insanity and his confinement for treatment].3.On , petitioner received a
certificate of [specify type of discharge]
from [institution, rehabilitation center or as
the
case may be]. A copy of the certificate of discharge is attached, marked Exhibit “ ,” and
by reference made part hereof.4.Petitioner’s discharge from [institution, rehabilitation
center or as the case may be] was an unconditional release pursuant to [Chapter 2 of Part 1
of Division 5 of the Welfare and Institutions Code].5.Petitioner is now completely recovered and
restored to mental health. Petitioner believes that with due regard to the public interest, Petitioner’s
right to practice dentistry may be safely reinstated.
Wherefore, petitioner requests that upon payment of all fees required, petitioner’s suspension from
the active practice of dentistry be terminated without further terms and conditions as prescribed by
Section 823 of the Business and Professions Code of the State of California.
Dated .
[Signature]
§ 823. Reinstatement of licentiate
Notwithstanding any other provisions of law, reinstatement of a licentiate
against whom action has been taken pursuant to Section 822 shall be governed
by the procedures in this article. In reinstating a certificate or license which
has been revoked or suspended under Section 822, the licensing agency may
impose terms and conditions to be complied with by the licentiate after the
certificate or license has been reinstated. The authority of the licensing agency
to impose terms and conditions includes, but is not limited to, the following:
(a) Requiring the licentiate to obtain additional professional training and
to
pass an examination upon the completion of the training.
(b) Requiring the licentiate to pass an oral, written, practical, or clinical
examination, or any combination thereof to determine his or her present
fitness to engage in the practice of his or her profession.
(c) Requiring the licentiate to submit to a complete diagnostic examina-
tion by one or more physicians and surgeons or psychologists appointed by
the licensing agency. If the licensing agency requires the licentiate to submit
to such an examination, the licensing agency shall receive and consider any
other report of a complete diagnostic examination given by one or more
physicians and surgeons or psychologists of the licentiate’s choice.
(d) Requiring the licentiate to undergo continuing treatment.
(e) Restricting or limiting the extent, scope or type of practice of the
licentiate.
HISTORY:
Added Stats 1982 ch 1183 § 1.
§ 824. Options open to licensing agency when proceeding against
licentiate
The licensing agency may proceed against a licentiate under either Section
820, or 822, or under both sections.
Bus. & Prof. Code
§ 825 BUSINESS & PROFESSIONS CODE
68
Bus. & Prof. Code
HISTORY:
Added Stats 1982 ch 1183 § 1.
§ 825. “Licensing agency”
As used in this article with reference to persons holding licenses as
physicians and surgeons, “licensing agency” means a panel of the Division of
Medical Quality.
HISTORY:
Added Stats 1982 ch 1183 § 1. Amended Stats 1993 ch 1267 § 9 (SB 916).
§ 826. Format of proceedings under Sections 821 and 822; Rights
and powers
The proceedings under Sections 821 and 822 shall be conducted in accor-
dance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code, and the licensing agency and the licentiate
shall have all the rights and powers granted therein.
HISTORY:
Added Stats 1982 ch 1183 § 1.
§ 827. Authority of licensing agency to convene in closed session
Notwithstanding the provisions of Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code,
relating to public meetings, the licensing agency may convene in closed session
to consider any evidence relating to the licentiate’s mental or physical illness
obtained pursuant to the proceedings under Section 820. The licensing agency
shall only convene in closed session to the extent that it is necessary to protect
the privacy of a licentiate.
HISTORY:
Added Stats 1982 ch 1183 § 1.
§ 828. Determination of insufficient evidence to bring action against
licentiate; Effect on records of proceedings
If the licensing agency determines, pursuant to proceedings conducted under
Section 820, that there is insufficient evidence to bring an action against the
licentiate pursuant to Section 822, then all licensing agency records of the
proceedings, including the order for the examination, investigative reports, if
any, and the report of the physicians and surgeons or psychologists, shall be
kept confidential and are not subject to discovery or subpoena. If no further
proceedings are conducted to determine the licentiates fitness to practice
during a period of five years from the date of the determination by the licensing
agency of the proceeding pursuant to Section 820, then the licensing agency
shall purge and destroy all records pertaining to the proceedings. If new
proceedings are instituted during the five-year period against the licentiate by
the licensing agency, the records, including the report of the physicians and
surgeons or psychologists, may be used in the proceedings and shall be
available to the respondent pursuant to the provisions of Section 11507.6 of the
Government Code.
69
BUSINESS & PROFESSIONS CODE § 900
HISTORY:
Added Stats 1982 ch 1183 § 1.
CHAPTER 1.5
EXEMPTION FROM LICENSURE
HISTORY: Added Stats 1989 ch 97 § 2, effective July 7, 1989. Former Chapter 1.5, entitled
“Continuing Education”, consisting of §§ 900–905, was added Stats 1971 ch 1516 § 1 and repealed
Stats 1974 ch 923 § 1.
§ 900. Requirements for exemption; Immunity from liability
(a) Nothing in this division applies to a health care
practitioner licensed in
another state or territory of the United States who offers or provides health
care for which he or she is licensed, if the health care is provided only during
a state of emergency as defined in subdivision (b) of Section 8558 of the
Government Code, which emergency overwhelms the response capabilities of
California health care practitioners and only upon the request of the Director
of the Emergency Medical Services Authority.
(b) The director shall be the medical control and shall
designate the
licensure and specialty health care practitioners required for the specific
emergency and shall designate the areas to which they may be deployed.
(c) Health care practitioners shall provide, upon request, a valid
copy of a
professional license and a photograph identification issued by the state in
which the practitioner holds licensure before being deployed by the director.
(d) Health care practitioners deployed pursuant to this chapter shall pro-
vide the appropriate California licensing authority with verification of licen-
sure upon request.
(e) Health care practitioners providing health care pursuant to this chapter
shall have immunity from liability for services rendered as specified in Section
8659 of the Government Code.
(f) For the purposes of this section, “health care practitioner” means any
person who engages in acts which are the subject of licensure or regulation
under this division or under any initiative act referred to in this division.
(g) For purposes of this section, “director” means the Director of the
Emergency Medical Services Authority who shall have the powers specified in
Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
HISTORY:
Added Stats 1989 ch 97 § 2, effective July 7, 1989. Amended Stats 2010 ch 270 § 1 (AB 2699),
effective January 1, 2011.
Bus. & Prof. Code
§ 2068 BUSINESS & PROFESSIONS CODE
70
Bus. & Prof. Code
CHAPTER 5
MEDICINE
HISTORY: Added Stats 1980 ch 1313 § 2. Former Chapter 5, also entitled “Medicine”, consisting
of §§ 2000–2528.3, was added Stats 1937 ch 414 and repealed Stats 1980 chs 1313, 1314.
ARTICLE 3
LICENSE REQUIRED AND EXEMPTIONS
HISTORY: Added Stats 1980 ch 1313 § 2.
§ 2068. Nutritional advice
This chapter shall not be construed to prohibit any person from providing
nutritional advice or giving advice concerning proper nutrition. However, this
section confers no authority to practice medicine or surgery or to undertake the
prevention, treatment, or cure of disease, pain, injury, deformity, or physical or
mental conditions or to state that any product might cure any disease,
disorder, or condition in violation of any provision of law.
For purposes of this section the terms “providing nutritional advice or giving
advice concerning proper nutrition” means the giving of information as to the
use and role of food and food ingredients, including dietary supplements.
Any person in commercial practice providing nutritional advice or giving
advice concerning proper nutrition shall post in an easily visible and promi-
nent place the following statement in his or her place of business:
“NOTICE”
“State law allows any person to provide nutritional advice or give advice
concerning proper nutrition—which is the giving of advice as to the role of food
and food ingredients, including dietary supplements. This state law does NOT
confer authority to practice medicine or to undertake the diagnosis, preven-
tion, treatment, or cure of any disease, pain, deformity, injury, or physical or
mental condition and specifically does not authorize any person other than one
who is a licensed health practitioner to state that any product might cure any
disease, disorder, or condition.”
The notice required by this section shall not be smaller than 8½ inches by 11
inches and shall be legibly printed with lettering no smaller than ½ inch in
length, except the lettering of the word “NOTICE” shall not be smaller than 1
inch in length.
HISTORY:
Added Stats 1980 ch 1313 § 2.
ARTICLE 12
ENFORCEMENT
HISTORY: Added Stats 1980 ch 1313 § 2.
§ 2234. Unprofessional conduct
The board shall take action against any licensee who is charged with
71
BUSINESS & PROFESSIONS CODE § 2234
unprofessional conduct. In addition to other provisions of this article, unpro-
fessional conduct includes, but is not limited to, the following:
(a) Violating or attempting to violate, directly or indirectly, assisting in or
abetting the violation of, or conspiring to violate any provision of this
chapter.
(b) Gross negligence.
(c) Repeated negligent acts. To be repeated, there must be two or more
negligent acts or omissions. An initial negligent act or omission followed by
a separate and distinct departure from the applicable standard of care shall
constitute repeated negligent acts.
(1) An initial negligent diagnosis followed by an act or omission medi-
cally appropriate for that negligent diagnosis of the patient shall consti-
tute a single negligent act.
(2) When the standard of care requires a change in the diagnosis, act, or
omission that constitutes the negligent act described in paragraph (1),
including, but not limited to, a reevaluation of the diagnosis or a change in
treatment, and the licensee’s conduct departs from the applicable stan-
dard of care, each departure constitutes a separate and distinct breach of
the standard of care.
(d) Incompetence.
(e) The commission of any act involving dishonesty or corruption that is
substantially related to the qualifications, functions, or duties of a physician
and surgeon.
(f) Any action or conduct that would have warranted the denial of a
certificate.
(g) The failure by a certificate holder, in the absence of good cause, to
attend and participate in an interview by the board. This subdivision shall
only apply to a certificate holder who is the subject of an investigation by the
board.
HISTORY:
Added Stats 1980 ch 1313 § 2. Amended Stats 1983 ch 398 § 2; Stats 1996 ch 902 § 3 (SB 2098);
Stats 2002 ch 1085 § 21 (SB 1950); Stats 2011 ch 115 § 1 (AB 1127), effective January 1, 2012; Stats
2013 ch 399 § 2 (SB 670), effective January 1, 2014; Stats 2019 ch 456 § 58 (SB 786), effective January
1, 2020; Stats 2019 ch 849 § 4.5 (SB 425), effective January 1, 2020 (ch 849 prevails).
SUGGESTED FORMS
Petition to Suspend Physician’s Certificate To Practice Medicine—Submission of Fraudulent Claim
Forms to Governmental Agency
To: [Appropriate Board, Committee, or Division]
[Caption]
Petitioner, , who is [specify position] of [specify state agency], respectfully
shows:1.Respondent holds a certificate to practice medicine in the State of California, and
resides at [address], in the City of , County of , State of California.2.On
, respondent submitted claim forms and reports bearing respondent’s signature to the
[medical service] for [specify medical care] performed on specified dates in
respondent’s office located at [address], in the City of , County of , State
of California, on [names]. None of the [specify medical care] was ever per-
formed.3. [If applicable, set forth further facts supporting submission of false claim
forms].4.Section 2234 of the Business and Professions Code of the State of California authorizes the
Division of Medical Quality to take appropriate action against any licensee who is charged with
Bus. & Prof. Code
§ 2234 BUSINESS & PROFESSIONS CODE
72
Bus. & Prof. Code
unprofessional conduct. Respondent engaged in such unprofessional conduct by submitting false and
fraudulent claim forms.
Wherefore, petitioner prays that the certificate issued to respondent to practice
medicine in the State
of California be suspended as prescribed by law for the reasons set forth above.
Dated .
[Signature]
Request for Administrative Record of Revocation of Physician’s Certificate
[Title of Administrative Proceedings]
To: [Appropriate Board, Committee, or Division]
Request for Administrative Record [Petitioner], requests
that you prepare and deliver to
[petitioner] the record
in the above administrative proceedings, including the following
matters:1.All pleadings.2.All notices, decisions, and orders issued by the [Board, Commit-
tee, or Division].3.The proposed decision of the hearing officer.4.The final order or decision of the
[Board, Committee, or Division].5.A reporter’s transcript of all proceedings.6.The written
evidence.7.All exhibits, including those admitted or rejected.8.Any and all papers in the proceedings
not specified above.
Dated .
[Signature]
Notice of Appeal From Administrative Order Revoking Physician’s Certificate—Request for
Transcript
To: [Appropriate Board, Committee, or Division]
[Caption]
Notice is hereby given:1.The above-named
certificate holder hereby appeals to the Court of
County, State of California, from the order entered by the [Board, Committee, or
Division] on , revoking [his or her] certificate to practice medicine within the State
of California.2.The appeal is based on the following grounds: .3.The certificate holder hereby
requests a transcript of the proceedings had in this matter, together with a copy of the findings of the
[Board, Committee, or Division] be transmitted to the clerk of the above-entitled court.
Dated .
[Signature]
Petition for Writ of Mandamus to Vacate Revocation
of Physician’s Certificate
[Title of Court and Cause]
, petitioner herein, petitions this court
for writ of mandamus pursuant to Section 1094.5 of
the Code of Civil Procedure of the State of California, directed to respondent [appropriate
Board, Committee, or Division] of California, and by this verified petition represents as
follows:1.Petitioner graduated from [medical school], located in the City of , State
of ,
and received a certificate to practice medicine in the State of California in the year
. For over years, petitioner has practiced medicine in the State of California, and during those
years has specialized in . A copy of petitioner’s certificate is attached, marked Exhibit “
,” and by reference made part hereof.2.Respondent, [appropriate Board, Committee, or
Division] of California, hereinafter called “respondent,” is the duly constituted authority for the
regulation and control of the practice of medicine in the State of California.3.On , a medical
investigator for respondent presented to respondent a petition praying for the revocation of
petitioner’s certificate.4. [Specify grounds set forth by medical investigator for revocation of
petitioner’s certificate].5.The aforementioned accusation and a notice thereof was served on petitioner
and within days thereafter a hearing was held in County before . On
, pursuant to the hearing, recommended a proposed order revoking petitioner’s certificate
effective .6.On , respondent adopted the recommendation, making the order
revoking petitioner’s certificate effective on . A transcript of the proceedings and a copy of
the final determination by respondent are attached, marked Exhibits “ ,” and “ ,” respec-
tively, and by reference made part hereof. Respondent was given written notice by petitioner on
, that this suit would be filed and that application would be made for an order staying
respondent’s order of revocation.7.Respondent’s decision is invalid under Section 1094.5 of the Code
of Civil Procedure of the State of California in that [set forth allegations showing invalidity
73
BUSINESS & PROFESSIONS CODE § 2237
of respondent’s decision].8. [If applicable, set forth further facts establishing an abuse of
discretion by respondent, or that the findings are not supported by the evidence or as the case may
be].9.Pending this suit attacking the validity of the revocation of petitioner’s certificate, petitioner
cannot lawfully pursue the profession for which petitioner is qualified by education, experience, and
ability, without subjecting petitioner to criminal liability in the State of California. Petitioner cannot
obtain other gainful employment adequate to support petitioner’s family. By reason of respondent’s
order, petitioner has suffered, and will continue to suffer, substantial damage for which petitioner has
no plain, speedy, and adequate remedy in the ordinary course of law.10.Petitioner has exhausted all
available administrative remedies required to be pursued prior to filing this petition, as follows:
.
Wherefore, petitioner prays:1.That this court issue an alternative writ of mandate, a copy of which
is attached, such writ being made returnable within some brief period, ordering that respondent’s
decision be stayed, and ordering respondent to show cause why an order should not be granted
further staying that decision;2.That this court, on hearing this petition and on consideration of any
return filed thereto, issue its peremptory writ of mandate commanding respondent to set aside its
decision revoking petitioner’s certificate to practice medicine;3.For costs; and4.For such further relief
as the court may deem just and equitable.
[Signature]
Judgment Vacating Revocation of Physician’
s Certificate
[Title of Court and Cause]
An
alternative writ of mandate and order to show cause
having issued herein on , in the
above-entitled matter, and having come before me for hearing on , appearing as attorney for
petitioner and appearing as attorney for respondent, and the court having [heard
the testimony or referred certain questions of fact to a jury and such verdict having been filed herein
on , or referred certain questions of fact to referee , who having filed his report
therein on ], and having examined the proofs offered by the respective parties, and the court
being fully advised in the premises [and it appearing that a peremptory writ of mandate
should issue and that petitioner has no plain, speedy, or other adequate remedy in the ordinary
course of law];
It is hereby ordered that a peremptory writ of mandate in due form be issued requiring respondent
to [set aside the (order or decision) of , revoking petitioner’
s certificate to
practice medicine in the State of California or reconsider this matter in light of the opinion and
judgment of this court.] This matter is hereby remanded to [Board, Committee, or Division
or as the case may be] of California for proceedings in accordance with this judgment and the
peremptory writ of mandate.
[Add provision for costs.]
[Add provision for damages.]
The clerk of this court is hereby directed to issue the writ of mandate, and further orders respondent
to make known to this court on , at o’clock .m., how respondent has executed this
writ and to have with respondent at such time this writ.
Dated .
[Signature]
§ 2237. Drug related conviction
(a) The conviction of a charge of violating any federal statutes or regulations
or any statute or regulation of this state, regulating dangerous drugs or
controlled substances, constitutes unprofessional conduct. The record of the
conviction is conclusive evidence of such unprofessional conduct. 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.
(b) Discipline may be ordered in accordance with Section 2227 or
the
Division of Licensing may order the denial of the 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 the provisions of Section
1203.4 of the Penal Code allowing such person to withdraw his or her plea of
Bus. & Prof. Code
§ 2238 BUSINESS & PROFESSIONS CODE
74
Bus. & Prof. Code
guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or
dismissing the accusation, complaint, information, or indictment.
HISTORY:
Added Stats 1980 ch 1313 § 2. Amended Stats 1984 ch 1635 § 1.
§ 2238. Violation of statute regulating drugs
A violation of any federal statute or federal regulation or any of the statutes
or regulations of this state regulating dangerous drugs or controlled sub-
stances constitutes unprofessional conduct.
HISTORY:
Added Stats 1980 ch 1313 § 2. Amended Stats 1984 ch 1635 § 2.
§ 2239. Excessive use of drugs or alcohol
(a) The use or prescribing for or administering to himself or herself, of any
controlled substance; or the use of any of the dangerous drugs specified in
Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to
be dangerous or injurious to the licensee, or to any other person or to the
public, or to the extent that such use impairs the ability of the licensee to
practice medicine safely or more than one misdemeanor or any felony involving
the use, consumption, or self-administration of any of the substances referred
to in this section, or any combination thereof, constitutes unprofessional
conduct. The record of the conviction is conclusive evidence of such unprofes-
sional conduct.
(b) 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
Division of Medical Quality may order discipline of the licensee in accordance
with Section 2227 or the Division of Licensing may order the denial of the
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
the provisions of 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, complaint, informa-
tion, or indictment.
HISTORY:
Added Stats 1980 ch 1313 § 2. Amended Stats 1984 ch 1635 § 3; Stats 1998 ch 878 § 10 (SB 2239).
§ 2274. Unauthorized use of medical designation
(a) The use by any licensee of any certificate, of any letter, letters, word,
words, term, or terms either as a prefix, affix, or suffix indicating that he or she
is entitled to engage in a medical practice for which he or she is not licensed
constitutes unprofessional conduct.
(b) Nothing in this section shall be construed to prohibit a physician and
surgeon from using the designations specified in this section if he or she has
been issued a retired license under Section 2439.
HISTORY:
Added Stats 1980 ch 1313 § 2. Amended Stats 2004 ch 695 § 10 (SB 1913).
75
BUSINESS & PROFESSIONS CODE § 2602
§ 2289. Impersonation of another practitioner
The impersonation of another licensed practitioner or permitting or allowing
another person to use his or her certificate to engage in the practice of medicine
or podiatric medicine constitutes unprofessional conduct.
HISTORY:
Added Stats 1980 ch 1313 § 2.
CHAPTER 5.7
PHYSICAL THERAPY
HISTORY: Added Stats 1953 ch 1826 § 1.
ARTICLE 1
ADMINISTRATION AND GENERAL PROVISIONS
HISTORY: Added Stats 1953 ch 1826 § 1. The heading of Article 1, which formerly read
“Administration,” amended to read as above by Stats 2013 ch 389 § 2 (SB 198), effective January
1, 2014.
§ 2600. Citation
This chapter may be cited as the Physical Therapy Practice Act.
HISTORY:
Added Stats 1968 ch 1284 § 3.
§ 2601. Definitions
For the purpose of this chapter, the following terms shall have the following
meanings, unless otherwise specified:
(a) “Board” means the Physical Therapy Board of California.
(b) “Physical therapist” means a person who is licensed pursuant to this
chapter to practice physical therapy.
(c) “Physical therapist assistant” means a person who is licensed pursu-
ant to this chapter to assist in the provision of physical therapy under the
supervision of a licensed physical therapist. “Physical therapy assistant” and
“physical therapist assistant” shall be deemed identical and interchangeable
terms.
(d) “Physical therapist technician” and “physical therapy aide,” as de-
scribed in Section 2630.4, shall be deemed identical and interchangeable
terms.
(e) “Physiotherapy” shall be synonymous with “physical therapy.”
HISTORY:
Added Stats 2013 ch 389 § 4 (SB 198), effective January 1, 2014.
§ 2602. Physical Therapy Board of California [Repealed effective ]
HISTORY:
Added Stats 1953 ch 1826 § 1, as B & P C § 2651. Renumbered by Stats 1968 ch 1284 § 5. Amended
Stats 1975 ch 826 § 2; Stats 1990 ch 1087 § 2 (SB 2512); Stats 1994 ch 908 § 13 (SB 2036); Stats 1996
Bus. & Prof. Code
§ 2602 BUSINESS & PROFESSIONS CODE
76
Bus. & Prof. Code
ch 829 § 4 (AB 3473); Stats 1998 ch 991 § 3 (SB 1980); Stats 2002 ch 1150 § 8 (SB 1955). Stats 2006
ch 658 § 45 (SB 1476), effective January 1, 2007, inoperative July 1, 2013, repealed January 1, 2014;
Stats 2012 ch 332 § 22 (SB 1236), effective January 1, 2013, repealed January 1, 2014; Stats 2013 ch
389 § 5 (SB 198), effective January 1, 2014, repealed January 1, 2018. Amended Stats 2017 ch 454 §
18 (AB 1706), effective January 1, 2018, repealed January 1, 2022; Stats 2020 ch 312 § 22 (SB 1474),
effective January 1, 2021, repealed January 1, 2023; Stats 2022 ch 509 § 1 (SB 1438), effective
January 1, 2023, repealed January 1, 2027.
§ 2602. Physical Therapy Board of California [Repealed effective
January 1, 2027]
(a) The Physical Therapy Board of California, hereafter referred to as the
board, shall enforce and administer this chapter.
(b) This section shall remain in effect only until January 1, 2027, and as of
that date is repealed.
(c) Notwithstanding any other law, the repeal of this section renders the
board subject to review by the appropriate policy committees of the Legisla-
ture.
HISTORY:
Added Stats 1953 ch 1826 § 1, as B & P C § 2651. Renumbered by Stats 1968 ch 1284 § 5. Amended
Stats 1975 ch 826 § 2; Stats 1990 ch 1087 § 2 (SB 2512); Stats 1994 ch 908 § 13 (SB 2036); Stats 1996
ch 829 § 4 (AB 3473); Stats 1998 ch 991 § 3 (SB 1980); Stats 2002 ch 1150 § 8 (SB 1955). Stats 2006
ch 658 § 45 (SB 1476), effective January 1, 2007, inoperative July 1, 2013, repealed January 1, 2014;
Stats 2012 ch 332 § 22 (SB 1236), effective January 1, 2013, repealed January 1, 2014; Stats 2013 ch
389 § 5 (SB 198), effective January 1, 2014, repealed January 1, 2018. Amended Stats 2017 ch 454 §
18 (AB 1706), effective January 1, 2018, repealed January 1, 2022; Stats 2020 ch 312 § 22 (SB 1474),
effective January 1, 2021, repealed January 1, 2023; Stats 2022 ch 509 § 1 (SB 1438), effective
January 1, 2023, repealed January 1, 2027.
§ 2602.1. Priority of board; Protection of the public
Protection of the public shall be the highest priority for the Physical Therapy
Board of California in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with other
interests sought to be promoted, the protection of the public shall be para-
mount.
HISTORY:
Added Stats 2002 ch 107 § 9 (AB 269).
§ 2603. Board members
The members of the board shall consist of four physical therapists, only one
of whom shall be involved in physical therapy education, and three public
members.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§2652. Amended Stats 1961 ch 1821 § 15; Amended and
renumbered by Stats 1968 ch 1284 § 6; Amended Stats 1976 ch 1189 § 9.5; Stats 1980 ch 676 § 14;
Stats 1990 ch 1087 § 3 (SB 2512); Stats 1996 ch 829 § 5 (AB 3473); Stats 1998 ch 991 § 4 (SB 1980);
Stats 2013 ch 389 § 6 (SB 198), effective January 1, 2014.
§ 2603.5. Qualifications of board members
(a) The physical therapist members of the board shall be appointed from
persons having all of the following qualifications:
(1) Be a resident of California.
77
BUSINESS & PROFESSIONS CODE § 2605
(2) Possess a valid and unrestricted license in California issued pursuant
to this chapter.
(3) Have been licensed pursuant to this chapter and practicing in Califor-
nia for at least five years prior to appointment to the board.
(b)(1) The public members of the board shall have both of the following
qualifications:
(A) Be appointed from persons having all of the qualifications as set
forth in Chapter 6 (commencing with Section 450) of Division 1.
(B) Be a resident of California.
(2) No public member of the board shall be, nor have been, any of the
following:
(A) An officer or faculty member of any college, school, or institution
involved in physical therapy education.
(B) A licentiate of the Medical Board of California or of any board under
this division or of any board referred to in Section 1000 or 3600.
HISTORY:
Added Stats 2013 ch 389 § 7 (SB 198), effective January 1, 2014.
§ 2604. Appointment of board members; Term; Vacancies; Election
of president, vice president; Removal
The members of the board shall be appointed for a term of four years,
expiring on the first day of June of each year.
The Governor shall appoint one of the public members and the four physical
therapist members of the board qualified as provided in Sections 2603 and
2603.5. The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member qualified as provided in Section 2603.5.
No person may serve as a member of the board for more than two consecutive
terms. Vacancies shall be filled by appointment for the unexpired term.
Annually, the board shall elect one of its members as president and one of its
members as vice president.
The appointing power shall have the power to remove any member of the
board from office for neglect of any duty required by law or for incompetency or
unprofessional or dishonorable conduct.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§2653. Amended Stats 1959 ch 1217 § 1; Stats 1961 ch
1821 § 16; Amended and Renumbered by Stats 1968 ch 1284 § 7; Amended Stats 1971 ch 838 § 2; Stats
1976 ch 1189 § 9.5; Stats 1982 ch 676 § 8; Stats 1990 ch 1087 § 4 (SB 2512); Stats 1994 ch 26 § 46 (AB
1807), effective March 30, 1994; Stats 1996 ch 829 § 6 (AB 3473); Stats 1998 ch 991 § 5 (SB 1980);
Stats 2013 ch 389 § 8 (SB 198), effective January 1, 2014.
§ 2605. Powers and duties of board
The board shall do all of the following:
(a) Evaluate the qualifications of applicants for licensure.
(b) Provide for the examinations of physical therapists and physical
therapist assistants and establish a passing score for each examination.
(c) Issue all licenses for the practice of physical therapy in California.
Except as otherwise required by the director pursuant to Section 164, the
license issued by the board shall describe the licensee as a “physical
Bus. & Prof. Code
§ 2606 BUSINESS & PROFESSIONS CODE
78
Bus. & Prof. Code
therapist” or “physical therapist assistant” licensed by the Physical Therapy
Board of California.
(d) Suspend and revoke licenses and otherwise enforce the provisions of
this chapter.
(e) Administer a continuing competency program.
(f) Participate, as a member, in the Delegate Assembly, and in applicable
committee meetings, of the Federation of State Boards of Physical Therapy.
(g) Publish, at least annually, a newsletter that includes, but is not limited
to, actions taken by the board, disciplinary actions, and relevant statutory
and regulatory changes.
(h) Provide for the timely orientation and training of new professional and
public member appointees to the board directly related to board licensing
and disciplinary functions and board rules, policies, and procedures.
(i) Adopt and administer a program of education in matters relevant to
the regulation of physical therapy.
HISTORY:
Added Stats 2013 ch 389 § 10 (SB 198), effective January 1, 2014.
§ 2606. Compensation and expenses
Each member of the board shall receive a per diem and expenses as provided
in Section 103.
HISTORY:
Added Stats 1959 ch 1645 § 8, as B & P C § 2655. Renumbered by Stats 1968 ch 1284 § 9. Amended
Stats 1996 ch 829 § 9 (AB 3473).
§ 2607. Employees; Contracts for services
The board may employ, subject to law, such clerical assistants and, except as
provided in Section 159.5, other employees as it may deem necessary to carry
out its powers and duties.
The board may enter into contracts for services necessary for enforcement of
this chapter and may as necessary select and contract with physical therapy
consultants who are licensed physical therapists to assist it in its programs on
an intermittent basis. Notwithstanding any other provision of law, the board
may contract with these consultants on a sole source basis. For the purposes of
Division 3.6 (commencing with Section 810) of Title 1 of the Government Code,
any consultant under contract with the board shall be considered a public
employee.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§2656. Renumbered by Stats 1968 ch 1284 § 10. Amended
Stats 1971 ch 716 § 36; Stats 1975 ch 826 § 3; Stats 1990 ch 1087 § 6 (SB 2512); Stats 1996 ch 829
§ 10 (AB 3473); Stats 2013 ch 389 § 11 (SB 198), effective January 1, 2014.
§ 2607.5. Executive officer; Employment of investigators, legal coun-
sel, physical therapy consultants; Attorney General as legal counsel
[Repealed effective January 1, 2027]
(a) The board may employ an executive officer exempt from the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of
the Government Code) and may also employ investigators, legal counsel,
79
BUSINESS & PROFESSIONS CODE § 2611
physical therapist consultants, and other assistance as it may deem necessary
to carry out this chapter. The board may fix the compensation to be paid for
services and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in investigating
physical therapy practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any
judicial and administrative proceedings and their services shall be a charge
against it.
(c) This section shall remain in effect only until January 1, 2027, and as of
that date is repealed.
HISTORY:
Added Stats 1984 ch 47 § 16, effective March 21, 1984. Amended Stats 1994 ch 908 § 14 (SB 2036);
Stats 1996 ch 829 § 11 (AB 3473); Stats 1998 ch 991 § 6 (SB 1980); Stats 2002 ch 1150 § 9 (SB 1955);
Stats 2007 ch 587 § 4 (SB 1049), effective October 13, 2007. Stats 2012 ch 332 § 23 (SB 1236), effective
January 1, 2013, repealed January 1, 2014. The repealed section related to appointment of executive
officer; powers and duties; Stats 2013 ch 389 § 12 (SB 198), effective January 1, 2014, repealed
January 1, 2018. Amended Stats 2017 ch 454 § 19 (AB 1706), effective January 1, 2018, repealed
January 1, 2022; Stats 2020 ch 312 § 23 (SB 1474), effective January 1, 2021, repealed January 1,
2023; Stats 2022 ch 509 § 2 (SB 1438), effective January 1, 2023, repealed January 1, 2027.
§ 2608. Procedures governing enforcement proceedings
The procedure in all matters and proceedings relating to the denial,
suspension, revocation, or probationary restriction of licenses issued by the
board under this chapter shall be governed by the provisions of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
HISTORY:
Added Stats 1953 ch 1826 § 1, as B & P C § 2657. Amended and Renumbered by Stats 1968 ch 1284
§ 11; Stats 2013 ch 389 § 13 (SB 198), effective January 1, 2014.
§ 2608.5. Inspection of, reports from, facilities providing physical
therapy care; Inspection of patient records
Each member of the board, or any licensed physical therapist appointed by
the board, may inspect, or require reports from, a general or specialized
hospital or any other facility providing physical therapy care, treatment or
services and the physical therapy staff thereof, with respect to the physical
therapy care, treatment, services, or facilities provided therein, and may
inspect physical therapy patient records with respect to the care, treatment,
services, or facilities. The authority to make inspections and to require reports
as provided by this section shall not be delegated by a member of the board to
any person other than a physical therapist and shall be subject to the
restrictions against disclosure described in subdivision (u) of Section 2660.
HISTORY:
Added Stats 1971 ch 838 § 5. Amended Stats 1980 ch 1313 § 7; Stats 1994 ch 956 § 1 (AB 2836);
Stats 1996 ch 829 § 12 (AB 3473); Stats 2013 ch 389 § 14 (SB 198), effective January 1, 2014.
§ 2611. Board meetings; Quorum
The board shall meet at least three times each calendar year, meeting at
least once each calendar year in northern California and once each calendar
Bus. & Prof. Code
Bus. & Prof. Code
§ 2612 BUSINESS & PROFESSIONS CODE
year in southern California. The board may convene from time to time until its
business is concluded. Special meetings of the board may be held at any time
and place as the board may designate. Four members of the board shall
constitute a quorum for the transaction of business.
HISTORY:
Added Stats 1971 ch 838 § 6. Amended Stats 1979 ch 907 § 1; Stats 1996 ch 829 § 14 (AB 3473);
Stats 2013 ch 389 § 16 (SB 198), effective January 1, 2014.
§ 2612. Compliance with Bagley-Keene Open Meeting Act
The board shall comply with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
2 of the Government Code).
HISTORY:
Added Stats 1971 ch 838 § 7. Amended Stats 1990 ch 1087 § 8 (SB 2512); Stats 1993 ch 589§4(AB
2211); Stats 1996 ch 829 § 15 (AB 3473); Stats 2013 ch 389 § 17 (SB 198), effective January 1, 2014.
§ 2613. Commissioner on examination
The board may appoint qualified persons to give the whole or any portion of
any examination as provided in this chapter, who shall be designated as a
commissioner on examination. A commissioner on examination need not be a
member of the board but shall be subject to the same rules and regulations and
shall be entitled to the same fee as if he or she were a member of the board.
HISTORY:
Added Stats 1971 ch 838 § 8. Amended Stats 1996 ch 829 § 16 (AB 3473).
§ 2614. Hearings; Decision
The board shall hear all matters, including, but not limited to, any contested
case or any petition for reinstatement, restoration, or modification of proba-
tion. Except as otherwise provided in this chapter, all hearings 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. If a contested case is
heard by the board the hearing officer who presided at the hearing shall be
present during the board’s consideration of the case and, if requested, shall
assist and advise the board. The board shall issue its decision pursuant to
Section 11517 of the Government Code.
HISTORY:
Added Stats 1971 ch 838 § 9. Amended Stats 1975 ch 826 § 5; Stats 1990 ch 1087 § 9 (SB 2512);
Stats 1996 ch 829 § 17 (AB 3473); Stats 2013 ch 389 § 18 (SB 198), effective January 1, 2014.
§ 2615. Adoption of regulations
The board shall adopt those regulations as may be necessary to effectuate
this chapter. In adopting regulations the board shall comply with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
HISTORY:
Added Stats 1975 ch 826 § 6. Amended Stats 1990 ch 1087 § 10 (SB 2512); Stats 1996 ch 829 § 18
(AB 3473); Stats 2013 ch 389 § 19 (SB 198), effective January 1, 2014.
80
81
BUSINESS & PROFESSIONS CODE § 2620.1
§ 2618. [Section repealed 1967.]
HISTORY:
Added Stats 1957 ch 1532 § 3. Repealed Stats 1967 ch 1667 § 4, operative July 1, 1969. The repealed
section related to suspension of right to practice on commitment for or adjudication of insanity or
mental illness.
ARTICLE 2
SCOPE OF REGULATION AND EXEMPTIONS
HISTORY: Added Stats 1953 ch 1826 § 1. The heading of Article 2, which formerly read “General
Provisions,” amended to read as above by Stats 2013 ch 389 § 20 (SB 198), effective January 1,
2014.
§ 2620. “Physical therapy”
(a) Physical therapy means the art and science of physical or corrective
rehabilitation or of physical or corrective treatment of any bodily or mental
condition of any person by the use of the physical, chemical, and other
properties of heat, light, water, electricity, sound, massage, and active, passive,
and resistive exercise, and shall include physical therapy evaluation, treat-
ment planning, instruction and consultative services. The practice of physical
therapy includes the promotion and maintenance of physical fitness to enhance
the bodily movement related health and wellness of individuals through the
use of physical therapy interventions. The use of roentgen rays and radioactive
materials, for diagnostic and therapeutic purposes, and the use of electricity
for surgical purposes, including cauterization, are not authorized under the
term “physical therapy” as used in this chapter, and a license issued pursuant
to this chapter does not authorize the diagnosis of disease.
(b) Nothing in this section shall be construed to restrict or prohibit other
healing arts practitioners licensed or registered under this division from
practice within the scope of their license or registration.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2660. Amended Stats 1963 ch 561 § 2; Amended and
Renumbered by Stats 1968 ch 1284 § 14; Amended Stats 1972 ch 381 § 1; Stats 2004 ch 117§1(SB
1485).
§ 2620.1. Direct physical therapy treatment
(a) In addition to receiving those services authorized by Section 2620, a
person may initiate physical therapy treatment directly from a licensed
physical therapist if the treatment is within the scope of practice of physical
therapists, as defined in Section 2620, and all of the following conditions are
met:
(1) If, at any time, the physical therapist has reason to believe that the
patient has signs or symptoms of a condition that requires treatment beyond
the scope of practice of a physical therapist or the patient is not progressing
toward documented treatment goals as demonstrated by objective, measur-
able, or functional improvement, the physical therapist shall refer the
patient to a person holding a physician and surgeon’s certificate issued by
the Medical Board of California or by the Osteopathic Medical Board of
Bus. & Prof. Code
82
Bus. & Prof. Code
§ 2620.1 BUSINESS & PROFESSIONS CODE
California or to a person licensed to practice dentistry, podiatric medicine, or
chiropractic.
(2) The physical therapist shall comply with Section 2633, and shall
disclose to the patient any financial interest they have in treating the patient
and, if working in a physical therapy corporation, shall comply with Article
6 (commencing with Section 650) of Chapter 1.
(3) With the patient’s written authorization, the physical therapist shall
notify the patient’s physician and surgeon, if any, that the physical therapist
is treating the patient.
(4) The physical therapist shall not continue treating the patient beyond
45 calendar days or 12 visits, whichever occurs first, without receiving, from
a person holding a physician and surgeon’s certificate from the Medical
Board of California or the Osteopathic Medical Board of California or from a
person holding a certificate to practice podiatric medicine from the Podiatric
Medical Board of California and acting within their scope of practice, a dated
signature on the physical therapist’s plan of care indicating approval of the
physical therapist’s plan of care. Approval of the physical therapist’s plan of
care shall include an in-person or telehealth patient examination and
evaluation of the patient’s condition, as determined by the physician and
surgeon or podiatrist, and, if indicated, testing by the physician and surgeon
or podiatrist.
(b) The conditions in paragraph (4) of subdivision (a) do not apply to a
physical therapist under either of the following circumstances:
(1) When the physical therapist is only providing wellness physical
therapy services to a patient as described in subdivision (a) of Section 2620.
(2) Pursuant to Section 56363 of the Education Code or Section 7572 of the
Government Code, when the physical therapist is providing physical therapy
services as part of an individualized family service plan or an individualized
education plan pursuant to the federal Individuals with Disabilities Educa-
tion Act (20 U.S.C. Sec. 1400 et seq.) and the individual receiving those
services does not have a medical diagnosis.
(c)(1) This section does not expand or modify the scope of practice for
physical therapists set forth in Section 2620, including the prohibition on a
physical therapist diagnosing a disease.
(2) This section does not restrict or alter the scope of practice of any other
health care professional.
(d) Nothing in this section shall be construed to require a health care service
plan, insurer, workers’ compensation insurance plan, employer, or state
program to provide coverage for direct access to treatment by a physical
therapist.
(e) When a person initiates physical therapy treatment services directly,
pursuant to this section, the physical therapist shall not perform physical
therapy treatment services without first providing the following notice to the
patient, orally and in writing, in at least 14-point type and signed by the
patient:
Direct Physical Therapy Treatment Services
You are receiving direct physical therapy treatment services from an
individual who is a physical therapist licensed by the Physical Therapy Board
of California.
83
BUSINESS & PROFESSIONS CODE § 2620.5
Under California law, you may continue to receive direct physical therapy
treatment services for a period of up to 45 calendar days or 12 visits, whichever
occurs first, after which time a physical therapist may continue providing you
with physical therapy treatment services only after receiving, from a person
holding a physician and surgeon’s certificate issued by the Medical Board of
California or by the Osteopathic Medical Board of California, or from a person
holding a certificate to practice podiatric medicine from the Podiatric Medical
Board of Californiaand acting within their scope of practice, a dated signature
on the physical therapist’s plan of care indicating approval of the physical
therapist’s plan of care and that an in-person or telehealth patient examina-
tion and evaluation was conducted by the physician and surgeon or podiatrist.
Patient’s Signature/Date
HISTORY:
Added Stats 2013 ch 620 § 4 (AB 1000), effective January 1, 2014. Amended Stats 2018 ch 761 § 2
(AB 2423), effective January 1, 2019; Stats 2022 ch 50 9 § 3 (SB 1438), effective January 1, 2023.
§ 2620.3. Application of topical medications
A physical therapist licensed pursuant to this chapter may apply topical
medications as part of the practice of physical therapy as defined in Section
2620 if he or she complies with regulations duly adopted by the board pursuant
to this section and the Administrative Procedure Act. The board shall adopt
regulations implementing this section after meeting and conferring with the
Medical Board of California and the California State Board of Pharmacy
specifying those topical medications applicable to the practice of physical
therapy and protocols for their use. Nothing in this section shall be construed
to authorize a physical therapist to prescribe medications.
HISTORY:
Added Stats 1979 ch 907 § 4. Amended Stats 1994 ch 956 § 2 (AB 2836); Stats 1996 ch 829 § 19 (AB
3473).
§ 2620.5. Authority of physical therapists to penetrate tissues for
purpose of evaluating neuromuscular performance as part of prac-
tice of physical therapy; Certification
A physical therapist may, upon specified authorization of a physician and
surgeon, perform tissue penetration for the purpose of evaluating neuromus-
cular performance as a part of the practice of physical therapy, as defined in
Section 2620, provided the physical therapist is certified by the board to
perform the tissue penetration and evaluation and provided the physical
therapist does not develop or make diagnostic or prognostic interpretations of
the data obtained. Any physical therapist who develops or makes a diagnostic
or prognostic interpretation of this data is in violation of the Medical Practice
Act (Chapter 5 (commencing with Section 2000) of Division 2), and may be
subject to all of the sanctions and penalties set forth in that act.
The board, after meeting and conferring with the Division of Licensing of the
Medical Board of California, shall do all of the following:
(a) Adopt standards and procedures for tissue penetration for the purpose
of evaluating neuromuscular performance by certified physical therapists.
(b) Establish standards for physical therapists to perform tissue penetra-
tion for the purpose of evaluating neuromuscular performance.
Bus. & Prof. Code
84
Bus. & Prof. Code
§ 2620.7 BUSINESS & PROFESSIONS CODE
(c) Certify physical therapists meeting standards established by the board
pursuant to this section.
HISTORY:
Added Stats 2000 ch 427 § 1 (SB 1600).
§ 2620.7. Patient records
(a) Patient records shall be documented as required in regulations promul-
gated by the board.
(b) Patient records shall be maintained for a period of no less than seven
years following the discharge of the patient, except that the records of
unemancipated minors shall be maintained at least one year after the minor
has reached 18 years of age, and not in any case less than seven years.
HISTORY:
Added Stats 1996 ch 830 § 1 (SB 1962). Amended Stats 2002 ch 1150 § 10 (SB 1955); Stats 2013 ch
389 § 21 (SB 198), effective January 1, 2014.
§ 2621. Authorized practices
Nothing in this chapter shall be construed as authorizing a physical
therapist to practice medicine, surgery, or any other form of healing except as
authorized by Section 2620.
HISTORY:
Added Stats 1968 ch 1284 § 15.
§ 2622. Management of patient care; Supervision of physical
therapy assistants; Use of physical therapy aide
(a) A physical therapist shall be responsible for managing all aspects of the
care of each patient as set forth in regulations promulgated by the board.
(b) A physical therapist shall not supervise more than two physical thera-
pist assistants at one time to assist the physical therapist in his or her practice
of physical therapy.
(c) A physical therapist may utilize the services of one aide engaged in
patient-related tasks to aid the physical therapist in his or her practice of
physical therapy.
HISTORY:
Added Stats 2013 ch 389 § 23 (SB 198), effective January 1, 2014.
§ 2623. Code of professional conduct; Rules and standards adopted
by board
The board may, by regulation, prescribe, amend, or repeal any rules
contained within a code of professional conduct appropriate to the establish-
ment and maintenance of integrity and dignity in the profession of physical
therapy. Every licensee of the board shall be governed and controlled by the
rules and standards adopted by the board.
HISTORY:
Added Stats 2013 ch 389 § 24 (SB 198), effective January 1, 2014.
85
BUSINESS & PROFESSIONS CODE § 2630.4
§ 2630. Practice of physical therapy without physical therapist li-
cense
It is unlawful for any person or persons to practice, or offer to practice,
physical therapy in this state for compensation received or expected, or to hold
himself or herself out as a physical therapist, unless at the time of so doing the
person holds a valid, unexpired, and unrevoked physical therapist license
issued under this chapter, except as authorized by subdivisions (c), (d), (e), and
(g) of Section 2630.5.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2665. Amended Stats 1955 ch 1284 § 1; Stats 1957 ch
39 § 1, ch 1533 § 1; Stats 1961 ch 1278 § 2, operative October 1, 1961; Amended and Renumbered by
Stats 1968 ch 1284 § 17; Amended Stats 1971 ch 838 § 10; Stats 1973 ch 503 § 1; Stats 1980 ch 1313
§ 8; Stats 1981 ch 629 § 2; Stats 1994 ch 956 § 3 (AB 2836); Stats 1996 ch 829 § 21 (AB 3473); Stats
2013 ch 389 § 26 (SB 198), effective January 1, 2014.
§ 2630.3. Licensed physical therapist assistant
(a) A licensed physical therapist assistant holding a valid, unexpired, and
unrevoked physical therapist assistant license may assist in the provision of
physical therapy services only under the supervision of a physical therapist
licensed by the board. A licensed physical therapist shall at all times be
responsible for the extent, kind, quality, and documentation of all physical
therapy services provided by the physical therapist assistant.
(b) It is unlawful for any person or persons to hold himself or herself out as
a physical therapist assistant, unless at the time of so doing the person holds
a valid, unexpired, and unrevoked physical therapist assistant license issued
under this chapter, except as authorized in subdivisions (f) and (g) of Section
2630.5.
(c) Physical therapist assistants shall not be independently supervised by a
physical therapist license applicant, as defined in Section 2639, or a physical
therapist student, as defined in Section 2633.7.
(d) A physical therapist assistant shall not perform any evaluation of a
patient or prepare a discharge summary. The supervising physical therapist
shall determine which elements of the treatment plan, if any, shall be assigned
to the physical therapist assistant. Assignment of patient care shall be
commensurate with the competence of the physical therapist assistant.
HISTORY:
Added Stats 2013 ch 389 § 27 (SB 198), effective January 1, 2014.
§ 2630.4. Physical therapy aide
(a) A “physical therapy aide” is an unlicensed person, at least 18 years of
age, who aids a licensed physical therapist consistent with subdivision (b).
(b) The aide shall at all times be under the supervision of the physical
therapist. An aide shall not independently perform physical therapy or any
physical therapy procedure. The board shall adopt regulations that set forth
the standards and requirements for the supervision of an aide by a physical
therapist.
(c) Physical therapy aides shall not be independently supervised by a
physical therapist license applicant, as defined in Section 2639, or a physical
therapist student, as defined in Section 2633.7.
Bus. & Prof. Code
86
Bus. & Prof. Code
§ 2630.5 BUSINESS & PROFESSIONS CODE
(d) This section does not prohibit the administration by a physical therapy
aide of massage, external baths, or normal exercise not a part of a physical
therapy treatment.
HISTORY:
Added Stats 2013 ch 389 § 28 (SB 198), effective January 1, 2014.
§ 2630.5. Exemptions from physical therapist licensure require-
ments
The following persons are exempt from the licensure requirements of this
chapter when engaged in the following activities:
(a) A regularly matriculated physical therapist student undertaking a
course of professional instruction in an approved entry-level physical
therapy education program or enrolled in a program of supervised clinical
education under the direction of an approved physical therapy education
program as described in Section 2651. These physical therapist students
may perform physical therapy as a part of their course of study.
(b) A regularly matriculated physical therapist assistant student under-
taking a course of instruction in an approved physical therapy education
program or enrolled in a program of supervised clinical education under the
direction of an approved physical therapy education program as described in
Section 2651. These physical therapist assistant students may perform
physical therapy techniques as a part of their course of study.
(c) A physical therapist who holds a valid and unrestricted license in
another jurisdiction of the United States or who is credentialed to practice
physical therapy in another country if that person is researching, demon-
strating, or providing physical therapy in connection with teaching or
participating in an educational seminar of no more than 60 days in a
calendar year.
(d) A physical therapist located outside this state, when in actual consul-
tation, whether within this state or across state lines, with a licensed
physical therapist of this state, or when he or she is an invited guest of the
American Physical Therapy Association or one of its components, or an
invited guest of an approved physical therapy school or college for the sole
purpose of engaging in professional education through lectures, clinics, or
demonstrations, if, at the time of the consultation, lecture, or demonstration,
he or she holds a valid and unrestricted physical therapist license in the
state or country in which he or she resides. The physical therapist shall not
open an office, appoint a place to meet patients, receive calls from patients
within the limits of this state, give orders, or have ultimate authority over
the care of a physical therapy patient who is located within this state.
(e) A physical therapist who holds a valid and unrestricted license in
another jurisdiction of the United States or credentialed to practice physical
therapy in another country if that person, by contract or employment, is
providing physical therapy to individuals affiliated with or employed by
established athletic teams, athletic organizations, or performing arts com-
panies temporarily practicing, competing, or performing in the state for no
more than 60 days in a calendar year.
(f) A physical therapist assistant who holds a valid and unrestricted
license in another jurisdiction of the United States and is assisting a
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BUSINESS & PROFESSIONS CODE § 2633.5
physical therapist engaged in activities described in subdivision (c), (d), or
(e).
(g) A physical therapist or physical therapist assistant who has a valid
and unrestricted license in a jurisdiction of the United States who is forced
to leave his or her residence in a state other than California due to a
governmentally declared emergency. This exemption applies for no more
than 60 days following the declaration of the emergency. In order to be
eligible for this exemption, the physical therapist or physical therapist
assistant shall notify the board of his or her intent to practice in this state
and provide a valid mailing address, telephone number, and email address.
HISTORY:
Added Stats 2013 ch 389 § 29 (SB 198), effective January 1, 2014.
§ 2633. Titles authorized for use by licensed physical therapist
(a) A person holding a license as a physical therapist issued by the board
may use the title “physical therapist” or the letters “P.T.” or any other words,
letters, or figures that indicate that the person using same is a licensed
physical therapist. No other person shall be so designated or shall use the term
licensed or registered physical therapist, licensed or registered physiothera-
pist, licensed or registered physical therapy technician, or the letters “L.P.T.,”
“R.P.T.,” or “P.T.”.
(b) A licensed physical therapist who has received a doctoral degree in
physical therapy (DPT) or, after adoption of the regulations described in
subdivision (d), a doctoral degree in a related health science may do the
following:
(1) In a written communication, use the initials DPT, PhD, or EdD, as
applicable, following the licensee’s name.
(2) In a written communication, use the title “Doctor” or the abbreviation
“Dr.” preceding the licensee’s name, if the licensee’s name is immediately
followed by an unabbreviated specification of the applicable doctoral degree
held by the licensee.
(3) In a spoken communication while engaged in the practice of physical
therapy, use the title “doctor” preceding the person’s name, if the speaker
specifies that he or she is a physical therapist.
(c) A doctoral degree described in subdivision (b) shall be granted by an
institution accredited by the Western Association of Schools and Colleges or by
an accrediting agency recognized by the National Commission on Accrediting
or the United States Department of Education that the board determines is
equivalent to the Western Association of Schools and Colleges.
(d) The board shall define, by regulation, the doctoral degrees that are in a
related health science for purposes of subdivision (b).
HISTORY:
Added Stats 1953 ch 1826 § 1, as B & P C § 2667. Amended and Renumbered by Stats 1968 ch 1284
§ 20; Amended Stats 1969 ch 1185 § 1; Stats 1994 ch 956 § 4 (AB 2836); Stats 1996 ch 829 § 23 (AB
3473); Stats 2006 ch 222 § 1 (AB 2868), effective January 1, 2007.
§ 2633.5. Titles authorized for use by licensed physical therapist
assistant
(a) Only a person licensed as a physical therapist assistant by the board may
use the title “physical therapist assistant” or “physical therapy assistant” or
Bus. & Prof. Code
88
Bus. & Prof. Code
§ 2633.7 BUSINESS & PROFESSIONS CODE
the letters “PTA” or any other words, letters, or figures that indicate that the
person is a physical therapist assistant licensed pursuant to this chapter.
(b) The license of a physical therapist assistant shall not authorize the use
of the prefix “LPT,” “RPT,” “PT,” or “Dr.,” or the title “physical therapist,”
“therapist,” “doctor,” or any affix indicating or implying that the physical
therapist assistant is a physical therapist or doctor.
HISTORY:
Added Stats 2013 ch 389 § 31 (SB 198), effective January 1, 2014.
§ 2633.7. Identification as “physical therapist student” or “physical
therapist assistant student”
During a period of clinical practice described in Section 2650 or in any
similar period of observation of related educational experience involving
recipients of physical therapy, a person so engaged shall be identified only as
a “physical therapist student” or a “physical therapist assistant student,” as
authorized by the board in its regulations.
HISTORY:
Added Stats 2013 ch 389 § 32 (SB 198), effective January 1, 2014.
§ 2634. Investigation of applicants
The board may investigate each and every applicant for a license, before a
license is issued, in order to determine whether or not the applicant has in fact
the qualifications required by this chapter.
HISTORY:
Added Stats 1953 ch 1826 § 1 as § 2669. Amended Stats 1957 ch 1533 § 3; Amended and
Renumbered by Stats 1968 ch 1284 § 21; Amended Stats 1994 ch 956 § 5 (AB 2836); Stats 1996 ch 829
§ 24 (AB 3473).
ARTICLE 3
QUALIFICATIONS AND REQUIREMENTS FOR
LICENSURE
HISTORY: Added Stats 1953 ch 1826 § 1. Heading added Stats 2013 ch 389 § 33 (SB 198),
effective January 1, 2014. Former Article 3 heading, “Licensing of Practitioners,” was added Stats
1953 ch 1826 § 1 and repealed January 1, 2014, by Stats 2013 ch 389 § 25 (SB 198).
§ 2635. Qualifications
Every applicant for a license under this chapter shall, at the time of
application, be a person over 18 years of age, not addicted to alcohol or any
controlled substance, have successfully completed the education and training
required by Section 2650, and not have committed acts or crimes constituting
grounds for denial of licensure under Section 480.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2670. Amended Stats 1957 ch 1533 § 4; Amended and
Renumbered by Stats 1968 ch 1284 § 22; Amended Stats 1971 ch 838 § 13, ch 1748 § 5; Stats 1976
ch 1187 § 7; Stats 1978 ch 1161 § 162; Stats 1994 ch 956 § 6 (AB 2836).
89
BUSINESS & PROFESSIONS CODE § 2636
§ 2636. Required examinations; Conduct of examinations
(a) Except as otherwise provided in this chapter, no person shall receive a
license under this chapter without first successfully passing the following
examinations, where success is determined based on the examination passing
standard set by the board:
(1) An examination under the direction of the board to demonstrate the
applicant’s knowledge of the laws and regulations related to the practice of
physical therapy in California. The examination shall reasonably test the
applicant’s knowledge of these laws and regulations.
(2) The physical therapy examination for the applicant’s licensure cat-
egory. The examination for licensure as a physical therapist shall test
entry-level competence to practice physical therapy. The examination for
licensure as a physical therapist assistant shall test entry-level competence
to practice as a physical therapist assistant in the technical application of
physical therapy services.
(b) An applicant may take the examinations for licensure as a physical
therapist or for licensure as a physical therapist assistant after the applicant
has met the educational requirements for that particular category of licensure.
(c) The examinations required by the board for a license under this chapter
may be conducted by the board or by a public or private organization specified
by the board. The examinations may be conducted under a uniform examina-
tion system and, for that purpose, the board may make arrangements with
organizations furnishing examination materials as may, in its discretion, be
desirable.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2671. Amended Stats 1957 ch 1533 § 5; Amended and
Renumbered by Stats 1968 ch 1284 § 23; Amended Stats 1994 ch 26 § 47 (AB 1807), effective March
30, 1994, ch 956 § 7 (AB 2836); Stats 1996 ch 829 § 25 (AB 3473); Stats 2008 ch 301 § 2 (AB 2111),
effective January 1, 2009; Stats 2013 ch 389 § 34 (SB 198), effective January 1, 2014.
SUGGESTED FORMS
Petition for Writ of Mandate to Compel Physical Therapy Board to Admit Petitioner to
Examination for Physical Therapy
[Title of Court and Cause]1.Petitioner resides at [address], City of , County of
, State of California.2.Respondent is the Physical Therapy Board within the Division of
Licensing of the Medical Board of the State of California and as such is the duly constituted authority
to administer the provisions of the Business and Professions Code of the State of California relating
to the examination of physical therapists.3.On , petitioner filed an application with
respondent for the issuance of a license as a physical therapist in the State of California, pursuant
to the provisions of the Business and Professions Code of the State of California. The application was
in proper form and contained a full and correct statement of all matters required to be contained
therein.4.At all times herein mentioned, petitioner was fully qualified to take the examination in
California, inasmuch as petitioner [state all qualifications outlined in the Business and
Professions Code].5.By reason thereof, petitioner is entitled to be admitted to the examination and the
refusal of the respondent to so admit petitioner to the examination constitutes an arbitrary and
wrongful violation of its duties, in that petitioner has fully complied with all requirements for
admission to the examination and is, therefore, entitled under the provisions of the Business and
Professions Code of the State of California to be admitted to the examination for physical therapists
in the State of California.6.Petitioner has performed all conditions precedent to the filing of this
petition by [insert all conditions precedent, including the exhaustion of administrative
Bus. & Prof. Code
90
Bus. & Prof. Code
§ 2636.5 BUSINESS & PROFESSIONS CODE
remedies].7.Petitioner has made due demand of respondent that petitioner be admitted to the
examination, but the demand of petitioner has been refused and the respondent does now refuse to
admit petitioner to the examination.8.At all times mentioned herein, respondent has been able to
admit petitioner to the examination, but notwithstanding this ability and in spite of the demand by
petitioner that petitioner be admitted to the examination, respondent continues to refuse to so admit
petitioner.9.Petitioner has no plain, speedy, or adequate remedy in the ordinary course of law, other
than the relief sought in this petition, in that this is the only proceeding in which petitioner may
obtain the rights demanded herein.
Wherefore, petitioner prays:1.That this court issue an alternative writ of mandate commanding
respondent to admit petitioner to the next regularly scheduled examination for the licensing of
physical therapists in the State of California, or to show cause before this court at a time specified by
an order of this court why it has not done so and why a peremptory writ of mandate should not
issue;2.That on the return of the alternative writ of mandate and the hearing of this petition, this
court issue its peremptory writ of mandate commanding the respondent to admit petitioner to the
above named examination; and3.That this court award petitioner the costs of this proceeding and
such further and other relief as to this court seems just and proper.
[Signature]
[Verification]
§ 2636.5. License without written examination; Performance as
physical therapist, physical therapist assistant
(a) An applicant may be issued a license without a written examination if he
or she meets all of the following:
(1) He or she is at the time of application licensed as a physical therapist
or physical therapist assistant in a state, district, or territory of the United
States having, in the opinion of the board, requirements for licensing equal
to or higher than those in California, and he or she has passed, to the
satisfaction of the board, an examination for licensing that is, in the opinion
of the board, comparable to the examination used in this state.
(2) He or she is a graduate of a physical therapist or physical therapist
assistant education program approved by the board, or has met the require-
ments of Section 2653.
(3) He or she files an application with the board and meets the require-
ments prescribed by Sections 2635 and 2650.
(b) An applicant for licensure under subdivision (a), whose application is
based on a certificate issued by a physical therapy licensing authority of
another state may be required to file a statement of past work activity.
(c) An applicant who has filed a physical therapy application under this
section with the board for the first time may, between the date of receipt of
notice that his or her application is on file and the date of receipt of his or her
license, perform as a physical therapist or physical therapist assistant, as
appropriate, under the supervision of a physical therapist licensed in this
state.
During this period the applicant shall identify himself or herself only as a
“physical therapist license applicant” or “physical therapist assistant license
applicant,” as appropriate.
If the applicant under this section does not qualify and receive a license as
provided in this section and does not qualify under Section 2639, all privileges
under this section shall terminate upon notice by the board. An applicant may
only qualify once to perform as a physical therapist license applicant or
physical therapist assistant license applicant.
HISTORY:
Added Stats 1970 ch 1088 § 1. Amended Stats 1975 ch 826 § 9; Stats 1977 ch 1055 § 2; Stats 1978
91
BUSINESS & PROFESSIONS CODE § 2639.1
ch 572 § 3; Stats 1979 ch 907 § 2; Stats 1994 ch 956 § 8 (AB 2836); Stats 1996 ch 829 § 27 (AB 3473),
ch 830 § 2.5 (SB 1962); Stats 2013 ch 389 § 35 (SB 198), effective January 1, 2014.
§ 2638. Retaking licensing examination
Any applicant for licensure as a physical therapist or physical therapist
assistant who fails to pass the examination required by the board may retake
the licensing examination and shall pay the reexamination fee.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2673. Renumbered by Stats 1968 ch 1284 § 26. Amended
Stats 1971 ch 838 § 16; Stats 1978 ch 572 § 4; Stats 1994 ch 956 § 9 (AB 2836); Stats 1996 ch 829 §
29 (AB 3473); Stats 2013 ch 389 § 36 (SB 198), effective January 1, 2014.
§ 2639. Practice after award of license applicant status
(a)(1) Every graduate of an approved physical therapy education program
who has filed a complete application, as defined in regulation, for licensure
with the board and has been awarded either physical therapist license
applicant status or physical therapist assistant license applicant status shall
practice under the supervision of a licensed physical therapist pursuant to
this chapter for no more than 120 days pending the results of the first
licensing examination administered. If the applicant passes the examina-
tion, the physical therapist license applicant status or physical therapist
assistant license applicant status shall remain in effect until a regular
renewable license is issued, or licensure is denied, by the board. A supervis-
ing physical therapist shall document receipt of the letter authorizing the
physical therapist license applicant status or physical therapist assistant
license applicant status and record the expiration date of that status in the
employee record. A supervising physical therapist shall require the applicant
to provide documentation of the license issued at the conclusion of the
physical therapist license applicant status or physical therapist assistant
license applicant status. During this period the applicant shall identify
himself or herself only as “physical therapist license applicant” or “physical
therapist assistant license applicant,” as appropriate.
(2) A person shall not be considered a graduate unless he or she has
successfully completed all the clinical training and internship required for
graduation from the education program.
(b) A physical therapist license applicant who has been awarded license
applicant status may perform as a physical therapist if he or she is under the
supervision of a physical therapist licensed by the board. A physical therapist
assistant license applicant who has been awarded license applicant status may
perform as a physical therapist assistant if he or she is under the supervision
of a physical therapist licensed by the board. The applicant shall comply with
any requirements applicable to the license for which he or she applied. An
applicant may not perform in those capacities if he or she fails the first
examination attempt.
HISTORY:
Added Stats 2013 ch 389 § 38 (SB 198), effective January 1, 2014.
§ 2639.1. Application for licensure as physical therapist assistant by
person having training or experience equivalent to approved physi-
cal therapist assistant education program
A person having, in the opinion of the board, training or experience, or a
Bus. & Prof. Code
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Bus. & Prof. Code
§ 2644 BUSINESS & PROFESSIONS CODE
combination of training and experience, equivalent to that obtained in an
approved physical therapist assistant education program and who meets the
requirements of Section 2635 may apply for licensure as a physical therapist
assistant.
HISTORY:
Added Stats 2013 ch 389 § 39 (SB 198), effective January 1, 2014.
ARTICLE 4
RENEWAL OF LICENSES
HISTORY: Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014. Former Article 4,
entitled “Educational Standards,” consisting of §§ 2650–2653, was added Stats 1953 ch 1826 § 1,
and amended and renumbered Article 5 by Stats 2013 ch 389 § 42 (SB 198), effective January 1,
2014.
§ 2644. Expiration; Renewal of unexpired license
(a) Every license issued under this chapter shall expire at 12 a.m. on the last
day of the birth month of the licensee during the second year of a two-year
term, if not renewed.
(b) To renew an unexpired license, the licensee shall, on or before the date on
which it would otherwise expire, apply for renewal on a form prescribed by the
board, pay the prescribed renewal fee, and submit proof of the completion of
continuing competency required by the board pursuant to Section 2649. The
licensee shall disclose on his or her license renewal application any misde-
meanor or other criminal offense for which he or she has been found guilty or
to which he or she has pleaded guilty or no contest.
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
SUGGESTED FORMS
Petition for Writ of Mandate to Compel Division of Licensing of California Medical Board to Issue
Physical Therapy License
[Title of Court and Cause]1.Petitioner resides at [address], City of , County of
, State of California.2.Respondent is the Division of Licensing of the Medical Board of the
State of California, and as such is the duly constituted authority to administer the provisions of the
Business and Professions Code of the State of California relating to the licensing of physical
therapists in the State of California.3.On , petitioner filed an application with respondent
for the issuance of a license for the practice of physical therapy in the State of California, pursuant
to the provisions of the Business and Professions Code of the State of California. The application was
in proper form and contained a full and correct statement of all matters required to be contained
therein.4.On , petitioner was examined by the Physical Therapy Board within the
jurisdiction of the Division of Licensing of the Medical Board of the State of California, and by written
instrument, dated , a copy of which is attached hereto, marked Exhibit “ ,” and
incorporated herein by reference, petitioner was informed by respondent that petitioner had been
successful in passing the examination and that they had recommended to respondent that petitioner
be issued a license to practice physical therapy in the State of California.5.At all times mentioned
herein, petitioner was fully qualified to be issued a license as a physical therapist in the State of
California, inasmuch as petitioner [state all qualifications outlined in the Business and
93
BUSINESS & PROFESSIONS CODE § 2647
Professions Code].6.Petitioner is entitled to be issued a license as a physical therapist in the State of
California, and the refusal of respondent to so issue the license constitutes an arbitrary and wrongful
violation of its duties, in that petitioner has fully complied with all requirements for the issuance of
a license and is, therefore, entitled under the provisions of the Business and Professions Code of the
State of California to be issued a license to practice physical therapy in the State of
California.7.Petitioner has performed all conditions precedent to the filing of this petition by
[insert all conditions precedent, including the exhaustion of administrative remedies].8.Petitioner has
made due demand of respondent that petitioner be issued the above mentioned license, but the
demand of petitioner has been refused and respondent does now refuse to issue a license to petitioner
to practice physical therapy in the State of California.9.At all times mentioned herein respondent has
been able to issue a license to petitioner, but notwithstanding this ability and in spite of the demand
by petitioner that petitioner be issued a license, respondent continues to refuse to so issue a
license.10.Petitioner has no plain, speedy, or adequate remedy in the ordinary course of law, other
than the relief sought in this petition, in that this is the only proceeding in which petitioner may
obtain the rights demanded herein.
Wherefore, petitioner prays:1.That this court issue an alternative writ of mandate commanding the
respondent to issue a license to petitioner to practice physical therapy in the State of California, or
to show cause before this court at a time specified by an order of this court why it has not done so and
why a peremptory writ of mandate should not issue;2.That on the return of the alternative writ of
mandate and the hearing of this petition, this court issue its peremptory writ of mandate
commanding respondent to issue a license for the practice of physical therapy in the State of
California to petitioner; and3.That this court award petitioner the costs of this proceeding and such
further and other relief as to this court seems just and proper.
[Signature]
[Verification]
§ 2645. Notice of renewal
At least 60 days before the expiration of any license, the board shall mail to
each licensee under this chapter, at the latest address furnished by the licensee
to the board, a notice stating the amount of the renewal fee and the date on
which it is due, and that failure to pay it on or before the due date shall result
in expiration of the license.
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2646. Renewal of expired license
A license that has expired may be renewed at any time within five years after
its expiration by applying for renewal as set forth in Section 2644. Renewal
under this section shall be effective on the date on which the renewal
application is filed, on the date on which the renewal fee or accrued renewal
fees are paid, or on the date on which the delinquency fee and penalty fee, if
any, are paid, whichever last occurs. A renewed license shall continue in effect
through the expiration date set forth in Section 2644 that next occurs after the
effective date of the renewal, at which time it shall expire and become invalid
if it is not so renewed.
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2647. Failure to renew expired license
A person who fails to renew his or her license within five years after its
expiration may not renew it, and it shall not be reissued, reinstated, or
restored thereafter. However, the person may apply for a new license if he or
Bus. & Prof. Code
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Bus. & Prof. Code
§ 2648 BUSINESS & PROFESSIONS CODE
she satisfies the requirements set forth in Article 3 (commencing with Section
2635).
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2648. Exemption from renewal fee while engaged in training or
active service in U.S. military or U.S. Public Health Service
(a) A licensee is exempt from the payment of the renewal fee while engaged
in full-time training or active service in the United States Army, Navy, Air
Force, Marines, or Coast Guard, or in the United States Public Health Service.
(b) A person exempted from the payment of the renewal fee by this section
shall not engage in any practice of, or assistance in the provision of, physical
therapy not related to his or her military service and shall become liable for
payment of the fee for the current renewal period upon his or her discharge
from full-time active service and shall have a period of 60 days after becoming
liable within which to pay the renewal fee before the delinquency fee is
required. Any person who is discharged from active service within 60 days of
the end of the renewal period is exempt from the payment of the renewal fee
for that period.
(c) The time spent in full-time active service or training shall not be included
in the computation of the five-year period for renewal and reinstatement of
licensure provided in Section 2646.
(d) A person exempt from renewal fees under this section shall not be
exempt from meeting the requirements of Section 2649.
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2648.3. Waiver of renewal fee based on inability to practice due to
disability
A licensee who demonstrates to the satisfaction of the board that he or she
is unable to practice, or assist in the provision of, physical therapy due to a
disability may request a waiver of the license renewal fee. The granting of a
waiver shall be at the discretion of the board and may be terminated at any
time. Waivers shall be based on the inability of a licensee to practice, or assist
in the provision of, physical therapy. A licensee whose renewal fee has been
waived pursuant to this section shall not engage in the practice of, or assist in
the provision of, physical therapy unless and until the licensee pays the
current renewal fee and does either of the following:
(a) 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 does not affect his or her ability to practice, or
assist in the provision of, physical therapy safely.
(b) Signs an agreement, on a form prescribed by the board and signed
under penalty of perjury, to limit his or her practice of, or assistance in the
provision of, physical therapy in the manner prescribed by his or her
reviewing physician.
(c) A person exempt from renewal fees under this section shall not be
exempt from meeting the requirements of Section 2649.
95
BUSINESS & PROFESSIONS CODE § 2649
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2648.5. Waiver of renewal fee for California resident providing
voluntary, unpaid physical therapy services
(a) The renewal fee shall be waived for licensees residing in California who
certify to the board that license renewal is for the sole purpose of providing
voluntary, unpaid physical therapy services.
(b) A person exempt from renewal fees under this section shall not be
exempt from meeting the requirements of Section 2649.
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014.
§ 2648.7. Exemption from renewal fee for licensee applying for re-
tired license status; Prohibition against practice by licensee in re-
tired status [Repealed]
HISTORY:
Added Stats 2013 ch 389 § 41 (SB 198), effective January 1, 2014. Amended Stats 2017 ch 456 § 20
(AB 176), effective January 1, 2018, repealed January 1, 2019.
§ 2649. Continuing education; Administration
(a) A person renewing his or her license shall submit proof satisfactory to
the board that, during the preceding two years, he or she has completed the
required number of continuing education hours established by regulation by
the board, or such other proof of continuing competency as the board may
establish by regulation. Required continuing education shall not exceed 30
hours every two years.
(b) The board shall adopt and administer regulations including, but not
limited to, continuing education intended to ensure the continuing competency
of persons licensed pursuant to this chapter. The board may establish different
requirements for physical therapists and physical therapist assistants. The
board may not require the completion of an additional postsecondary degree or
successful completion of an examination as a condition of renewal, but may
recognize these as demonstrative of continuing competency. This program
shall include provisions requiring random audits of licensees in order to ensure
compliance.
(c) The administration of this section may be funded through professional
license fees, continuing education provider fees, and recognized approval
agency fees. The fees shall not exceed the amounts necessary to cover the
actual costs of administering this section.
HISTORY:
Added Stats 2006 ch 540 § 1 (AB 120), effective January 1, 2007 asB&PC§ 2676. Amended and
renumbered Stats 2013 ch 389 § 73 (SB 198), effective January 1, 2014.
Bus. & Prof. Code
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Bus. & Prof. Code
§ 2650 BUSINESS & PROFESSIONS CODE
ARTICLE 5
EDUCATIONAL STANDARDS
HISTORY: Added Stats 1953 ch 1826 § 1, as Article 4. Renumbered by Stats 2013 ch 389 § 42 (SB
198), effective January 1, 2014. Former Article 5, entitled “Suspension, Revocation and
Reinstatement of License,” consisting of §§ 2660–2661.7, was added Stats 1953 ch 1826§1and
amended and renumbered Article 6 by Stats 2013 ch 389 § 53 (SB 198), effective January 1, 2014.
§ 2650. Educational requirements
(a) The physical therapist education requirements are as follows:
(1) Except as otherwise provided in this chapter, each applicant for a
license as a physical therapist shall be a graduate of a professional degree
program of an accredited postsecondary institution or institutions approved
by the board and shall have completed a professional education program
including academic course work and clinical internship in physical therapy.
(2) Unless otherwise specified by the board by regulation, the educational
requirements shall include instruction in the subjects prescribed by the
Commission on Accreditation in Physical Therapy Education (CAPTE) of the
American Physical Therapy Association or Physiotherapy Education Ac-
creditation Canada and shall include a combination of didactic and clinical
experiences. The clinical experience shall include at least 18 weeks of
full-time experience with a variety of patients.
(b) The physical therapist assistant educational requirements are as fol-
lows:
(1) Except as otherwise provided in this chapter, each applicant for a
license as a physical therapist assistant shall be a graduate of a physical
therapist assistant program of an accredited postsecondary institution or
institutions approved by the board, and shall have completed both the
academic and clinical experience required by the physical therapist assis-
tant program, and have been awarded an associate degree.
(2) Unless otherwise specified by the board by regulation, the educational
requirements shall include instruction in the subjects prescribed by the
CAPTE of the American Physical Therapy Association or Physiotherapy
Education Accreditation Canada or another body as may be approved by the
board by regulation and shall include a combination of didactic and clinical
experiences.
HISTORY:
Added Stats 2013 ch 389 § 44 (SB 198), effective January 1, 2014. Amended Stats 2015 ch 426 § 20
(SB 800), effective January 1, 2016.
§ 2651. Approval of physical therapist and physical therapist assis-
tant education programs
The board shall approve only those physical therapist and physical therapist
assistant education programs that prove to the satisfaction of the board that
they comply with the minimum physical therapist or physical therapist
assistant educational requirements set forth in this chapter and adopted by
the board pursuant to this chapter. Physical therapist and physical therapist
assistant education programs that are accredited by the Commission on
97
BUSINESS & PROFESSIONS CODE § 2653
Accreditation in Physical Therapy Education of the American Physical
Therapy Association, Physiotherapy Education Accreditation Canada, or such
other body as may be approved by the board by regulation shall be deemed
approved by the board unless the board determines otherwise. This chapter
shall not prohibit the board from disapproving any foreign physical therapist
or physical therapist assistant educational program or from denying an
applicant if, in the opinion of the board, the instruction received by the
applicant or the courses offered by the program were not equivalent to that
which is required by this chapter.
HISTORY:
Added Stats 1968 ch 1284 § 31. Amended Stats 1971 ch 837 § 3; Stats 1975 ch 826 § 11; Stats 1977
ch 1055 § 5; Stats 1994 ch 956 § 13 (AB 2836); Stats 1996 ch 829 § 33 (AB 3473); Stats 1997 ch 213
§ 2 (SB 833); Stats 2013 ch 389 § 47 (SB 198), effective January 1, 2014.
§ 2653. Graduate of physical therapist education program not ap-
proved by board and not located in U.S.
An applicant for a license as a physical therapist who has graduated from a
physical therapist education program that is not approved by the board and is
not located in the United States shall do all of the following:
(a) Furnish documentary evidence satisfactory to the board, that he or she
has completed a professional degree in a physical therapist educational
program substantially equivalent at the time of his or her graduation to that
issued by a board approved physical therapist education program. The
professional degree must entitle the applicant to practice as a physical
therapist in the country where the diploma was issued. The applicant shall
meet the educational requirements set forth in paragraph (2) of subdivision
(a) of Section 2650. The board may require an applicant to submit documen-
tation of his or her education to a credentials evaluation service for review
and a report to the board.
(b)(1) Except as provided in paragraph (2), demonstrate proficiency in
English by achieving a score specified by the board on the Test of English
as a Foreign Language administered by the Educational Testing Services
or other means as may be specified by the board by regulation.
(2) An applicant shall be exempt from the requirement under para-
graph (1) if the applicant has been awarded a bachelor’s degree or higher
in a physical therapist educational program from a college, university, or
professional training school in Australia, any part of Canada other than
Quebec, Ireland, New Zealand, the United Kingdom, the United States, or
another English-speaking country specified by the board.
(c) Complete nine months of clinical service in a location approved by the
board under the supervision of a physical therapist licensed by a United
States jurisdiction, in a manner satisfactory to the board. The applicant
shall have passed the written examination required in Section 2636 prior to
commencing the period of clinical service. The board shall require the
supervising physical therapist to evaluate the applicant and report his or her
findings to the board. The board may in its discretion waive all or part of the
required clinical service pursuant to guidelines set forth in its regulations.
During the period of clinical service, the applicant shall be identified as a
physical therapist license applicant. If an applicant fails to complete the
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required period of clinical service, the board may, for good cause shown,
allow the applicant to complete another period of clinical service.
HISTORY:
Added Stats 2013 ch 389 § 50 (SB 198), effective January 1, 2014. Amended Stats 2017 ch 454 § 21
(AB 1706), effective January 1, 2018.
§ 2654. Eligibility of graduate of non-approved, non-U.S. physical
therapist education program to take physical therapist assistant
examination
If an applicant who has graduated from a physical therapist education
program that is not approved by the board and is not located in the United
States does not qualify to take the physical therapist examination, his or her
education may be evaluated by the board and the applicant may be eligible to
take the physical therapist assistant examination.
HISTORY:
Added Stats 2013 ch 389 § 51 (SB 198), effective January 1, 2014.
ARTICLE 6
ENFORCEMENT
HISTORY: Added Stats 1953 ch 1826 § 1, as Article 5. The heading of Article 5, which formerly
read “Suspension, Revocation and Reinstatement of License,” amended and renumbered to read as
above by Stats 2013 ch 389 § 53 (SB 198), effective January 1, 2014. Former Article 6, entitled
“Offenses and Enforcement,” consisting of §§ 2670–2672, was added Stats 1953 ch 1826 § 1, and
amended and renumbered Article 8 by Stats 2013 ch 389 § 70 (SB 198), effective January 1, 2014.
§ 2660. Unprofessional conduct constituting grounds for citation,
discipline, denial, suspension or revocation of license, or issuance of
probationary license
Unprofessional conduct constitutes grounds for citation, discipline, denial of
a license, or issuance of a probationary license. The board may, after the
conduct of appropriate proceedings under the Administrative Procedure Act
(Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title
2 of the Government Code), issue a citation, impose discipline, deny a license,
suspend for not more than 12 months, or revoke, or impose probationary
conditions upon any license issued under this chapter for unprofessional
conduct that includes, in addition to other provisions of this chapter, but is not
limited to, the following:
(a) Violating or attempting to violate, directly or indirectly, assisting in or
abetting the violation of, or conspiring to violate any provision of this
chapter, any regulations duly adopted under this chapter, or the Medical
Practice Act (Chapter 5 (commencing with Section 2000)).
(b) Advertising in violation of Section 17500.
(c) Obtaining or attempting to obtain a license by fraud or misrepresen-
tation.
(d) Practicing or offering to practice beyond the scope of practice of
physical therapy.
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BUSINESS & PROFESSIONS CODE § 2660
(e) Conviction of a crime that substantially relates to the qualifications,
functions, or duties of a physical therapist or physical therapist assistant.
The record of conviction or a certified copy thereof shall be conclusive
evidence of that conviction.
(f) Unlawful possession or use of, or conviction of a criminal offense
involving, a 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 2 (commencing with Section 4015) of Chapter 9, as follows:
(1) Obtaining or possessing in violation of law, or except as directed by
a licensed physician and surgeon, dentist, or podiatrist, administering to
himself or herself, or furnishing or administering to another, any con-
trolled substance or any dangerous drug.
(2) Using any controlled substance or any dangerous drug.
(3) Conviction of a criminal offense involving the consumption or
self-administration of, or the possession of, or falsification of a record
pertaining to, any controlled substance or any dangerous drug, in which
event the record of the conviction is conclusive evidence thereof.
(g) Failure to maintain adequate and accurate records relating to the
provision of services to his or her patients.
(h) Gross negligence or repeated acts of negligence in practice or in the
delivery of physical therapy care.
(i) Aiding or abetting any person to engage in the unlawful practice of
physical therapy.
(j) The commission of any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications, functions, or duties of a physical
therapist or physical therapist assistant.
(k) 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 licensee to patient, from
patient to patient, and from patient to licensee. 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,
regulations, and guidelines 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. As necessary, the board
shall consult with the Medical Board of California, the California Board of
Podiatric Medicine, the Dental Board of California, the Board of Registered
Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of
the State of California, to encourage appropriate consistency in the imple-
mentation of this subdivision.
(l) The commission of verbal abuse or sexual harassment.
(m) Engaging in sexual misconduct or violating Section 726.
(n) Permitting a physical therapist assistant or physical therapy aide
under one’s supervision or control to perform, or permitting the physical
therapist assistant or physical therapy aide to hold himself or herself out as
competent to perform, professional services beyond the level of education,
training, and experience of the physical therapist assistant or aide.
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(o) The revocation, suspension, or other discipline, restriction, or limita-
tion imposed by another state upon a license or certificate to practice
physical therapy issued by that state, or the revocation, suspension, or
restriction of the authority to practice physical therapy by any agency of the
federal government.
(p) Viewing a completely or partially disrobed patient in the course of
treatment if the viewing is not necessary to patient evaluation or treatment
under current standards.
(q) Engaging in any act in violation of Section 650, 651, or 654.2.
(r) Charging a fee for services not performed.
(s) Misrepresenting documentation of patient care or deliberate falsifying
of patient records.
(t) Except as otherwise allowed by law, the employment of runners,
cappers, steerers, or other persons to procure patients.
(u) The willful, unauthorized violation of professional confidence.
(v) Failing to maintain confidentiality, except as otherwise required or
permitted by law, of all information that has been received from a patient in
confidence during the course of treatment and all information about the
patient that is obtained from tests or other means.
(w) Habitual intemperance.
(x) Failure to comply with the provisions of Section 2620.1.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2685. Amended Stats 1957 ch 1533 § 6; Amended and
renumbered by Stats 1968 ch 1284 § 33; Amended Stats 1970 ch 1318 § 2.5; Stats 1971 ch 838 § 18;
Stats 1975 ch 826 § 16; Stats 1976 ch 1187 § 18; Stats 1977 ch 1055 § 9; Stats 1978 ch 572 § 7; Stats
1979 ch 907 § 3; Stats 1990 ch 1087 § 16 (SB 2512); Stats 1992 ch 1350 § 3 (SB 1813); Stats 1994 ch
26 § 53 (AB 1807), effective March 30, 1994; Stats 1996 ch 829 § 49 (AB 3473); Stats 1997 ch 759 §
14 (SB 827); Stats 2002 ch 1150 § 11 (SB 1955); Stats 2008 ch 301 § 7 (AB 2111), effective January
1, 2009; Stats 2013 ch 389 § 54 (SB 198), effective January 1, 2014, ch 620 § 5.5 (AB 1000), effective
January 1, 2014; Stats 2014 ch 71 § 5 (SB 1304), effective January 1, 2015.
§ 2660.1. Presumption regarding consent to sexual activity
A patient, client, or customer of a licentiate under this chapter is conclu-
sively presumed to be incapable of giving free, full, and informed consent to
any sexual activity which is a violation of Section 726.
HISTORY:
Added Stats 1992 ch 1289 § 19 (AB 2743).
§ 2660.2. Denial of license; Probationary license; Public letter of
reprimand in lieu of refusing license
(a) The board may refuse a license to any applicant guilty of unprofessional
conduct or sexual activity referred to in Section 2660.1. The board may, in its
sole discretion, issue a public letter of reprimand or may issue a probationary
license to any applicant for a license who is guilty of unprofessional conduct
but who has met all other requirements for licensure. The board may issue the
license subject to any terms or conditions not contrary to public policy,
including, but not limited to, the following:
(1) Medical or psychiatric evaluation.
(2) Continuing medical or psychiatric treatment.
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BUSINESS & PROFESSIONS CODE § 2660.3
(3) Restriction of the type or circumstances of practice.
(4) Continuing participation in a board-approved rehabilitation program.
(5) Abstention from the use of alcohol or drugs.
(6) Random fluid testing for alcohol or drugs.
(7) Compliance with laws and regulations governing the practice of
physical therapy.
(b) The applicant shall have the right to appeal the denial, or the issuance
with terms and conditions, of any license 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.
The action shall be final, except that the propriety of the action is subject to
review by the superior court pursuant to Section 1094.5 of the Code of Civil
Procedure.
(c) In lieu of refusing a license, the board may, upon stipulation or agree-
ment by the licensee, issue a public letter of reprimand after it has conducted
an investigation or inspection as provided for in this chapter. The public letter
of reprimand may include a requirement for specified training or education,
and cost recovery for investigative costs. The board shall notify the licensee of
its intention to issue the letter 30 days before the intended issuance date of the
letter. The licensee shall indicate in writing at least 15 days prior to the letter’s
intended issuance date whether he or she agrees to the issuance of the letter.
The board, at its option, may extend the time within which the licensee may
respond to its notification. If the licensee does not agree to the issuance of the
letter, the board shall not issue the letter and may proceed to file the
accusation. The board may use a public letter of reprimand only for minor
violations, as defined by the board, committed by the applicant. A public letter
of reprimand issued pursuant to this section shall be disclosed by the board to
an inquiring member of the public and shall be posted on the board’s Internet
Web site.
HISTORY:
Added Stats 2002 ch 1150 § 12 (SB 1955). Amended Stats 2013 ch 389 § 55 (SB 198), effective
January 1, 2014.
§ 2660.3. Public letter of reprimand in lieu of filing or prosecuting
formal accusation
In lieu of filing or prosecuting a formal accusation against a licensee, the
board may, upon stipulation or agreement by the licensee, issue a public letter
of reprimand after it has conducted an investigation or inspection as provided
for in this chapter. The public letter of reprimand may include a requirement
for specified training or education, and cost recovery for investigative costs.
The board shall notify the licensee of its intention to issue the letter 30 days
before the intended issuance date of the letter. The licensee shall indicate in
writing at least 15 days prior to the letter’s intended issuance date whether he
or she agrees to the issuance of the letter. The board, at its option, may extend
the time within which the licensee may respond to its notification. If the
licensee does not agree to the issuance of the letter, the board shall not issue
the letter and may proceed to file the accusation. The board may use a public
letter of reprimand only for minor violations, as defined by the board,
committed by the licensee. A public letter of reprimand issued pursuant to this
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§ 2660.4 BUSINESS & PROFESSIONS CODE
section shall be disclosed by the board to an inquiring member of the public
and shall be posted on the board’s Internet Web site.
HISTORY:
Added Stats 2008 ch 301 § 8 (AB 2111), effective January 1, 2009. Amended Stats 2009 ch 140 § 10
(AB 1164), effective January 1, 2010; Stats 2013 ch 389 § 56 (SB 198), effective January 1, 2014.
§ 2660.4. Failure to comply with request for medical records of pa-
tient
A licensee who fails or refuses to comply with a request from the board for
the medical records of a patient, that is accompanied by that patient’s written
authorization for release of records to the board, within 15 days of receiving the
request and authorization shall pay to the board a civil penalty of one thousand
dollars ($1,000) per day for each day that the records have not been produced
after the 15th day, unless the licensee is unable to provide the records within
this time period for good cause.
HISTORY:
Added Stats 2013 ch 389 § 57 (SB 198), effective January 1, 2014.
§ 2660.5. Denial of license in specified circumstances
The board shall deny a physical therapist license or physical therapist
assistant license to an applicant who is required to register pursuant to Section
290 of the Penal Code. This section does not apply to an applicant 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.
HISTORY:
Added Stats 2006 ch 658 § 46 (SB 1476), effective January 1, 2007. Amended Stats 2013 ch 389 §
58 (SB 198), effective January 1, 2014.
§ 2660.7. Conduct subverting licensing examination
In addition to the penalties prescribed by Section 123, if the board deter-
mines that an applicant for licensure or a licensee has engaged, or has
attempted to engage, in conduct that subverts or undermines the integrity of
the examination process as described in Section 123, the board may disqualify
the applicant from taking the examination or may deny his or her application
for licensure or may revoke the license of the licensee.
HISTORY:
Added Stats 2008 ch 301 § 9 (AB 2111), effective January 1, 2009.
§ 2660.8. Disciplinary action after hearing by Medical Quality Hear-
ing Panel, or default or stipulation with board
A licensee whose matter has been heard by an administrative law judge of
the Medical Quality Hearing Panel as designated in Section 11371 of the
Government Code, or whose default has been entered or who has entered into
a stipulation for disciplinary action with the board, may, in accordance with
the provisions of this chapter:
(a) Have his or her license revoked upon order of the board.
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BUSINESS & PROFESSIONS CODE § 2661.5
(b) Have his or her right to practice suspended for a period not to exceed
one year upon order of the board.
(c) Be placed on probation and required to pay the costs of probation
monitoring upon order of the board.
(d) Be publicly reprimanded by the board.
(e) Be required to surrender his or her license based on an order of the
board.
(f) Have any other action taken in relation to discipline as part of an order
of probation, as the board or an administrative law judge may deem proper.
HISTORY:
Added Stats 2013 ch 389 § 59 (SB 198), effective January 1, 2014.
§ 2661. What deemed conviction
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 article. The board may
order discipline of the licensee in accordance with Section 2660 or the board
may take action as authorized in Section 2660.2 on an application 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 Section 1203.4 of the
Penal Code allowing that 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.
HISTORY:
Added Stats 1957 ch 1533 § 7, asB&PC§ 2688. Renumbered by Stats 1968 ch 1284 § 34. Amended
Stats 1975 ch 826 § 17; Stats 1976 ch 1187 § 20; Stats 1978 ch 1161 § 168; Stats 1990 ch 1087 § 17
(SB 2512); Stats 1996 ch 829 § 50 (AB 3473); Stats 2013 ch 389 § 60 (SB 198), effective January 1,
2014.
§ 2661.5. Order for payment of investigation and prosecution costs
(a) In any order issued in resolution of a disciplinary proceeding before the
board, the board may request the administrative law judge to direct any
licensee found guilty of unprofessional conduct to pay to the board a sum not
to exceed the actual and reasonable costs of the investigation and prosecution
of the case.
(b) The costs to be assessed shall be fixed by the administrative law judge
and shall not in any event be increased by the board. When the board does not
adopt a proposed decision and remands the case to an administrative law
judge, the administrative law judge shall not increase the amount of the
assessed costs specified in the proposed decision.
(c) When the payment directed in an order for payment of costs is not made
by the licensee, the board may enforce the order of payment by bringing an
action in any appropriate court. This right of enforcement shall be in addition
to any other rights the board may have as to any licensee directed to pay costs.
(d) In any judicial action for the recovery of costs, proof of the board’s
decision shall be conclusive proof of the validity of the order of payment and the
terms for payment.
(e)(1) Except as provided in paragraph (2), the board shall not renew or
reinstate the license or approval of any person who has failed to pay all of the
costs ordered under this section.
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§ 2661.6 BUSINESS & PROFESSIONS CODE
(2) Notwithstanding paragraph (1), the board may, in its discretion,
conditionally renew or reinstate for a maximum of one year the license or
approval of any person who demonstrates financial hardship and who enters
into a formal agreement with the board to reimburse the board within that
one year period for those unpaid costs.
(f) All costs recovered under this section shall be deposited in the Physical
Therapy Fund as a reimbursement in either the fiscal year in which the costs
are actually recovered or the previous fiscal year, as the board may direct.
HISTORY:
Added Stats 1991 ch 855 § 1 (SB 483). Amended Stats 1996 ch 829 § 51 (AB 3473).
§ 2661.6. Probation monitoring program
(a) The board shall establish a probation monitoring program to monitor
probationary licenses.
(b) The program may employ nonpeace officer staff to perform its probation
monitoring.
(c) The program shall be funded with moneys in the Physical Therapy Fund.
HISTORY:
Added Stats 2002 ch 1150 § 13 (SB 1955).
§ 2661.7. Petition for reinstatement of license or modification of
penalty
(a) A person whose license has been revoked or suspended, or who has been
placed on probation, 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 has elapsed from the effective
date of the decision ordering that disciplinary action:
(1) At least three years for reinstatement of a license or approval revoked
for unprofessional conduct, except that the board may, for good cause shown,
specify in a revocation order that a petition for reinstatement may be filed
after two years.
(2) At least two years for early termination or one year for modification of
a condition of probation of three years or more.
(3) At least one year for reinstatement of a license revoked for mental or
physical illness, or for modification of a condition, or termination of proba-
tion of less than three years.
(b) The petition shall state any facts as may be required by the board. The
petition shall be accompanied by at least two verified recommendations from
physical therapists licensed by the board who have personal knowledge of the
activities of the petitioner since the disciplinary penalty was imposed.
(c) The petition may be heard by the board. The board may assign the
petition to an administrative law judge designated in Section 11371 of the
Government Code. After a hearing on the petition, the administrative law
judge shall provide a proposed decision to the board that shall be acted upon in
accordance with the Administrative Procedure Act.
(d) The board or the administrative law judge hearing the petition may
consider all activities of the petitioner since the disciplinary action was taken,
the offense for which the petitioner was disciplined, the petitioner’s activities
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BUSINESS & PROFESSIONS CODE § 2663
during the time the license was in good standing, and the petitioner’s
rehabilitative efforts, general reputation for truth, and professional ability.
The hearing may be continued, as the board or the administrative law judge
designated in Section 11371 of the Government Code finds necessary.
(e) The administrative law judge designated in Section 11371 of the Gov-
ernment Code when hearing a petition for reinstating a license, or modifying
a penalty, may recommend the imposition of any terms and conditions deemed
necessary.
(f) No petition shall 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. No petition shall be considered while there
is an accusation or petition to revoke probation pending against the petitioner.
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.
(g) Nothing in this section shall be deemed to alter Sections 822 and 823.
HISTORY:
Added Stats 1996 ch 830 § 10 (SB 1962). Amended Stats 1998 ch 970 § 8 (AB 2802); Stats 2013 ch
389 § 61 (SB 198), effective January 1, 2014.
ARTICLE 7
SUBSTANCE ABUSE REHABILITATION
PROGRAM
HISTORY: Added Stats 1990 ch 1087 § 18 (SB 2512) as Article 5.5. The heading of Article 5.5,
which formerly read “Diversion Program,” amended and renumbered to read as above by Stats
2013 ch 389 § 62 (SB 198), effective January 1, 2014. Former Article 7, entitled “Fiscal
Administration,” consisting of §§ 2680-2689, was added Stats 1953 ch 1826 § 1, and amended and
renumbered Article 9 by Stats 2013 ch 389 § 74 (SB 198), effective January 1, 2014.
§ 2662. Legislative intent
It is the intent of the Legislature that the board shall seek ways and means
to identify and rehabilitate physical therapists and physical therapist assis-
tants whose competency is impaired due to abuse of dangerous drugs or alcohol
so that they may be treated and returned to the practice of physical therapy in
a manner which will not endanger the public health and safety.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 52 (AB 3473).
§ 2663. Establishment and administration of substance abuse reha-
bilitation program
The board shall establish and administer a substance abuse rehabilitation
program, hereafter referred to as the rehabilitation program, for the rehabili-
tation of physical therapists and physical therapist assistants whose compe-
tency is impaired due to the abuse of drugs or alcohol. The board may contract
with any other state agency or a private organization to perform its duties
under this article. The board may establish one or more rehabilitation
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§ 2664 BUSINESS & PROFESSIONS CODE
evaluation committees to assist it in carrying out its duties under this article.
Any rehabilitation evaluation committee established by the board shall oper-
ate under the direction of the rehabilitation program manager, as designated
by the executive officer of the board. The program manager has the primary
responsibility to review and evaluate recommendations of the committee.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 53 (AB 3473); Stats 2008
ch 548 § 14 (SB 1441), effective January 1, 2009; Stats 2013 ch 389 § 63 (SB 198), effective January
1, 2014.
§ 2664. Rehabilitation evaluation committee
(a) Any rehabilitation evaluation committee established by the board shall
have at least three members. In making appointments to a rehabilitation
evaluation committee, the board shall consider the appointment of persons
who are either recovering from substance abuse and have been free from
substance abuse for at least three years immediately prior to their appoint-
ment or who are knowledgeable in the treatment and recovery of substance
abuse. The board also shall consider the appointment of a physician and
surgeon who is board certified in psychiatry.
(b) Appointments to a rehabilitation evaluation committee shall be by the
affirmative vote of a majority of members appointed to the board. Each
appointment shall be at the pleasure of the board for a term not to exceed four
years. In its discretion, the board may stagger the terms of the initial members
so appointed.
(c) A majority of the members of a rehabilitation evaluation committee shall
constitute a quorum for the transaction of business. Any action requires an
affirmative vote of a majority of those members present at a meeting consti-
tuting at least a quorum. Each rehabilitation evaluation committee shall elect
from its membership a chairperson and a vice chairperson. Notwithstanding
the Bagley-Keene Open Meeting Act (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 rehabilitation evaluation committee may con-
vene in closed session to consider matters relating to any physical therapist or
physical therapist assistant applying for or participating in a rehabilitation
program, and a meeting which will be convened entirely in closed session need
not comply with Section 11125 of the Government Code. A rehabilitation
evaluation committee shall only convene in closed session to the extent it is
necessary to protect the privacy of an applicant or participant. Each member
of a rehabilitation evaluation committee shall receive a per diem and shall be
reimbursed for expenses as provided in Section 103.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1993 ch 589 § 5 (AB 2211); Stats 1996 ch
829 § 54 (AB 3473); Stats 2013 ch 389 § 64 (SB 198), effective January 1, 2014.
§ 2665. Duties and responsibilities of rehabilitation evaluation com-
mittee
Each rehabilitation evaluation committee has the following duties and
responsibilities:
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BUSINESS & PROFESSIONS CODE § 2666
(a) To evaluate physical therapists and physical therapist assistants who
request participation in the rehabilitation program and to make recommen-
dations. In making recommendations, the committee shall consider any
recommendations from professional consultants on the admission of appli-
cants to the rehabilitation program.
(b) To review and designate treatment facilities to which physical thera-
pists and physical therapist assistants in the rehabilitation program may be
referred.
(c) To receive and review information concerning physical therapists and
physical therapist assistants participating in the program.
(d) Calling meetings as necessary to consider the requests of physical
therapists and physical therapist assistants to participate in the rehabilita-
tion program, to consider reports regarding participants in the program, and
to consider any other matters referred to it by the board.
(e) To consider whether each participant in the rehabilitation program
may with safety continue or resume the practice of physical therapy.
(f) To set forth in writing the terms and conditions of the rehabilitation
agreement that is approved by the program manager for each physical
therapist and physical therapist assistant participating in the program,
including treatment, supervision, and monitoring requirements.
(g) To hold a general meeting at least twice a year, which shall be open and
public, to evaluate the rehabilitation program’s progress, to prepare reports
to be submitted to the board, and to suggest proposals for changes in the
rehabilitation program.
(h) For the purposes of Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, any member of a rehabilitation evaluation
committee shall be considered a public employee. No board or rehabilitation
evaluation committee member, contractor, or agent thereof, shall be liable
for any civil damage because of acts or omissions which may occur while
acting in good faith in a program established pursuant to this article.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 55 (AB 3473); Stats 1998
ch 970 § 9 (AB 2802); Stats 2008 ch 548 § 15 (SB 1441), effective January 1, 2009; Stats 2013 ch 389
§ 65 (SB 198), effective January 1, 2014.
§ 2666. Criteria for acceptance into rehabilitation program; Causes
for termination from program
(a) Criteria for acceptance into the rehabilitation program shall include all
of the following:
(1) The applicant shall be licensed as a physical therapist or as a physical
therapist assistant by the board and shall be a resident of California.
(2) The applicant shall be found to abuse dangerous drugs or alcoholic
beverages in a manner that may affect his or her ability to practice physical
therapy safely or competently.
(3) The applicant shall have voluntarily requested admission to the
program or shall be accepted into the program in accordance with terms and
conditions resulting from a disciplinary action.
(4) The applicant shall agree to undertake any medical or psychiatric
examination ordered to evaluate the applicant for participation in the
program.
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§ 2667 BUSINESS & PROFESSIONS CODE
(5) The applicant shall cooperate with the program by providing medical
information, disclosure authorizations, and releases of liability as may be
necessary for participation in the program.
(6) The applicant shall agree in writing to cooperate with all elements of
the treatment program designed for him or her.
Any applicant may be denied participation in the program if the board, the
program manager, or a rehabilitation evaluation committee determines that
the applicant will not substantially benefit from participation in the pro-
gram or that the applicant’s participation in the program creates too great a
risk to the public health, safety, or welfare.
(b) A participant may be terminated from the program for any of the
following reasons:
(1) The participant has successfully completed the treatment program.
(2) The participant has failed to comply with the treatment program
designated for him or her.
(3) The participant fails to meet any of the criteria set forth in subdivision
(a) or (c).
(4) It is determined that the participant has not substantially benefited
from participation in the program or that his or her continued participation
in the program creates too great a risk to the public health, safety, or welfare.
Whenever an applicant is denied participation in the program or a partici-
pant is terminated from the program for any reason other than the
successful completion of the program, and it is determined that the contin-
ued practice of physical therapy by that individual creates too great a risk to
the public health, safety, and welfare, that fact shall be reported to the
executive officer of the board and all documents and information pertaining
to and supporting that conclusion shall be provided to the executive officer.
The matter may be referred for investigation and disciplinary action by the
board. Each physical therapist or physical therapy assistant who requests
participation in a rehabilitation program shall agree to cooperate with the
recovery program designed for him or her. Any failure to comply with that
program may result in termination of participation in the program.
The rehabilitation evaluation committee shall inform each participant in
the program of the procedures followed in the program, of the rights and
responsibilities of a physical therapist or physical therapist assistant in the
program, and the possible results of noncompliance with the program.
(c) In addition to the criteria and causes set forth in subdivision (a), the
board may set forth in its regulations additional criteria for admission to the
program or causes for termination from the program.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1994 ch 26 § 54 (AB 1807), effective
March 30, 1994; Stats 1996 ch 829 § 56 (AB 3473); Stats 2008 ch 548 § 16 (SB 1441), effective January
1, 2009; Stats 2013 ch 389 § 66 (SB 198), effective January 1, 2014.
§ 2667. Confidentiality of records
All board and rehabilitation evaluation committee records and records of
proceedings and participation of a physical therapist or physical therapist
assistant in a program shall be confidential and are not subject to discovery or
subpoena.
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BUSINESS & PROFESSIONS CODE § 2670
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 57 (AB 3473); Stats 2013
ch 389 § 67 (SB 198), effective January 1, 2014.
§ 2668. Fee for participation in program
(a) A fee to cover the actual cost of administering the program shall be
charged for participation in the program. If the board contracts with any other
entity to carry out this article, at the discretion of the board, the fee may be
collected and retained by that entity.
(b) If the board contracts with any other entity to carry out this section, the
executive officer of the board, or his or her designee, shall review the activities
and performance of the contractor on a biennial basis. As part of this review,
the board shall review files of participants in the program. However, the names
of participants who entered the program voluntarily shall remain confidential,
except when the review reveals misdiagnosis, case mismanagement, or non-
compliance by the participant.
(c) Subdivision (a) shall apply to all new participants entering into the
board’s rehabilitation program on or after January 1, 2007. Subdivision (a)
shall apply on and after January 1, 2008, to participants currently enrolled as
of December 31, 2007.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 58 (AB 3473); Stats 2006
ch 658 § 47 (SB 1476), effective January 1, 2007; Stats 2013 ch 389 § 68 (SB 198), effective January
1, 2014.
§ 2669. Participation in program no defense to disciplinary action
Participation in a rehabilitation program shall not be a defense to any
disciplinary action that may be taken by the board. This section does not
preclude the board from commencing disciplinary action against a physical
therapist or physical therapist assistant who is terminated unsuccessfully
from the program. That disciplinary action may not include as evidence any
confidential information.
HISTORY:
Added Stats 1990 ch 1087 § 18 (SB 2512). Amended Stats 1996 ch 829 § 59 (AB 3473); Stats 2013
ch 389 § 69 (SB 198), effective January 1, 2014.
ARTICLE 8
OFFENSES AGAINST THIS CHAPTER
HISTORY: Added Stats 1953 ch 1826 § 1, as Article 6. The heading of Article 6, which formerly
read “Offenses and Enforcement,” amended and renumbered to read as above by Stats 2013 ch
389 § 70 (SB 198), effective January 1, 2014. Former Article 8, entitled “Physical Therapy
Corporations,” consisting of §§ 2690–2696, was added Stats 1980 ch 1314 § 10, and amended and
renumbered Article 10 by Stats 2013 ch 389 § 79 (SB 198), effective January 1, 2014. Former
Article 8, entitled “Physical Therapy Corporations,” consisting of §§ 2690–2696, was added Stats
1969 ch 1440 § 2 and repealed Stats 1980 ch 1314 § 9.
§ 2670. Penalty for violations
Any person who violates any of the provisions of this chapter shall be guilty
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§ 2672 BUSINESS & PROFESSIONS CODE
of a misdemeanor, punishable by a fine not exceeding one thousand dollars
($1,000) or imprisonment in a county jail not exceeding six months, or by both.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2690. Renumbered by Stats 1968 ch 1284 § 35. Amended
Stats 1983 ch 1092 § 9, effective September 27, 1983, operative January 1, 1984.
§ 2672. Injunction or other order restraining conduct
Whenever any person has engaged or is about to engage in any acts or
practices that constitute or will constitute an offense against this chapter, the
superior court of any county, on application of the board, or 10 or more persons
holding physical therapist licenses issued under this chapter, may issue an
injunction or other appropriate order restraining the 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.
HISTORY:
Added Stats 1971 ch 838 § 1. Amended Stats 1975 ch 826 § 18; Stats 1978 ch 1161 § 169; Stats 1982
ch 517 § 9; Stats 1994 ch 956 § 29 (AB 2836); Stats 1996 ch 829 § 60 (AB 3473); Stats 2013 ch 389 §
71 (SB 198), effective January 1, 2014.
ARTICLE 9
FISCAL ADMINISTRATION
HISTORY: Added Stats 1953 ch 1826 § 1, as Article 7. Renumbered by Stats 2013 ch 389 § 74 (SB
198), effective January 1, 2014.
§ 2680. Records of proceedings; Register of licensees
The board shall keep a record of its proceedings under this chapter, and a
register of all persons licensed under it. The register shall show the name of
every living licensee, his or her last known place of residence, and the date and
number of his or her license as a physical therapist. The board shall compile a
list of physical therapists authorized to practice physical therapy in the state.
Any interested person is entitled to obtain a copy of that list upon application
to the board and payment of such amount as may be fixed by the board which
amount shall not exceed the cost of the list so furnished.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2692. Amended Stats 1961 ch 1278 § 8, operative
October 1, 1961; Amended and renumbered by Stats 1968 ch 1284 § 36; Amended Stats 1977 ch 1055
§ 10; Stats 1990 ch 1087 § 19 (SB 2512); Stats 1996 ch 829 § 61 (AB 3473).
§ 2681. Monthly collection report and payment
Within 10 days after the beginning of each calendar month the board shall
report to the State Controller the amount and source of all collections made
from persons licensed or seeking to be licensed under this chapter and at the
same time pay all such sums into the State Treasury, where they shall be
credited to the Physical Therapy Fund.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2693. Amended Stats 1961 ch 1278 § 9, operative
October 1, 1961; Amended and renumbered by Stats 1968 ch 1284 § 37.
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BUSINESS & PROFESSIONS CODE § 2688
§ 2682. Physical Therapy Fund
There is in the State Treasury the Physical Therapy Fund. All collections
from persons licensed or seeking to be licensed shall be paid by the board into
the Physical Therapy Fund after reporting to the Controller at the beginning
of each month the amount and source of the collections. All money in the
Physical Therapy Fund shall be available, upon appropriation by the Legisla-
ture, for the exclusive purpose of executing this chapter.
HISTORY:
Added Stats 1953 ch 1826 § 1, asB&PC§ 2694. Amended Stats 1961 ch 1278 § 10, operative
October 1, 1961; Amended and renumbered by Stats 1968 ch 1284 § 38; Amended Stats 1969 ch 1440
§ 1; Stats 1990 ch 1087 § 20 (SB 2512); Stats 1996 ch 829 § 62 (AB 3473); Stats 2013 ch 389 § 75 (SB
198), effective January 1, 2014; Stats 2017 ch 454 § 22 (AB 1706), effective January 1, 2018.
§ 2687. Disposition of fees, fines, and forfeitures
All fees earned by the board and all fines and forfeitures of bail to which the
board is entitled shall be reported at the beginning of each month, for the
month preceding, to the State Controller. At the same time, the entire amount
of these collections shall be paid into the State Treasury and shall be credited
to the Physical Therapy Fund.
This fund shall be for the use of the board to pay all salaries and all other
expenses necessarily incurred in carrying into effect the provisions of this
chapter.
HISTORY:
Added Stats 1976 ch 1187 § 22. Amended Stats 1996 ch 829 § 65 (AB 3473); Stats 2005 ch 74 § 7
(AB 139), effective July 19, 2005.
§ 2688. Physical therapy licensing fees
(a)(1) The fee for an application for licensure as a physical therapist
submitted to the board prior to March 1, 2009, shall be seventy-five dollars
($75). The fee for an application submitted under Section 2653 to the board
prior to March 1, 2009, shall be one hundred twenty-five dollars ($125).
(2) The fee for an application for licensure as a physical therapist
submitted to the board on or after March 1, 2009, shall be one hundred
twenty-five dollars ($125). The fee for an application submitted under
Section 2653 to the board on or after March 1, 2009, shall be two hundred
dollars ($200).
(3) Notwithstanding paragraphs (1) and (2), the board may decrease or
increase the amount of an application fee under this subdivision, but in no
event shall the application fee amount exceed three hundred dollars ($300).
(b) The examination and reexamination fees for the physical therapist
examination, physical therapist assistant examination, and the examination
to demonstrate knowledge of the California rules and regulations related to the
practice of physical therapy shall be the actual cost to the board of the
development and writing of, or purchase of the examination, and grading of
each written examination, plus the actual cost of administering each exami-
nation. The board, at its discretion, may require the licensure applicant to pay
the fee for the examinations required by Section 2636 directly to the organi-
zation conducting the examination.
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§ 2688 BUSINESS & PROFESSIONS CODE
(c)(1) The fee for a physical therapist license issued prior to March 1, 2009,
shall be seventy-five dollars ($75).
(2) The fee for a physical therapist license issued on or after March 1,
2009, shall be one hundred dollars ($100).
(3) Notwithstanding paragraphs (1) and (2), the board may decrease or
increase the amount of the fee under this subdivision, but in no event shall
the fee to issue the license exceed one hundred fifty dollars ($150).
(d)(1) The fee to renew a physical therapist license that expires prior to April
1, 2009, shall be one hundred fifty dollars ($150).
(2) The fee to renew a physical therapist license that expires on or after
April 1, 2009, shall be two hundred dollars ($200).
(3) Notwithstanding paragraphs (1) and (2), the board may decrease or
increase the amount of the renewal fee under this subdivision, but in no
event shall the renewal fee amount exceed three hundred dollars ($300).
(e)(1) The fee for application and for issuance of a physical therapist
assistant license shall be seventy-five dollars ($75) for an application
submitted to the board prior to March 1, 2009.
(2) The fee for application and for issuance of a physical therapist
assistant license shall be one hundred twenty-five dollars ($125) for an
application submitted to the board on or after March 1, 2009. The fee for an
application submitted under Section 2653 to the board on or after March 1,
2009, shall be two hundred dollars ($200).
(3) Notwithstanding paragraphs (1) and (2), the board may decrease or
increase the amount of the fee under this subdivision, but in no event shall
the application fee amount exceed three hundred dollars ($300).
(f)(1) The fee to renew a physical therapist assistant license that expires
prior to April 1, 2009, shall be one hundred fifty dollars ($150).
(2) The fee to renew a physical therapist assistant license that expires on
or after April 1, 2009, shall be two hundred dollars ($200).
(3) Notwithstanding paragraphs (1) and (2), the board may decrease or
increase the amount of the renewal fee under this subdivision, but in no
event shall the renewal fee amount exceed three hundred dollars ($300).
(g) Notwithstanding Section 163.5, the delinquency fee shall be 50 percent
of the renewal fee in effect.
(h)(1) The duplicate wall certificate fee shall be fifty dollars ($50). The
duplicate renewal receipt fee amount shall be fifty dollars ($50).
(2) Notwithstanding paragraph (1), the board may decrease or increase
the amount of the fee under this subdivision to an amount that does not
exceed the cost of issuing duplicates, but in no event shall that fee exceed one
hundred dollars ($100).
(i)(1) The endorsement or letter of good standing fee shall be sixty dollars
($60).
(2) Notwithstanding paragraph (1), the board may decrease or increase
the amount of the fee under this subdivision to an amount that does not
exceed the cost of issuing an endorsement or letter, but in no event shall the
fee amount exceed one hundred dollars ($100).
HISTORY:
Added Stats 1996 ch 830 § 12 (SB 1962), operative January 1, 1999. Amended Stats 1998 ch 970
§ 10 (AB 2802), operative January 1, 1999; Stats 2008 ch 301 § 10 (AB 2111), effective January 1,
2009; Stats 2017 ch 454 § 23 (AB 1706), effective January 1, 2018.
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BUSINESS & PROFESSIONS CODE § 2691
§ 2688.5. Report to legislative committees regarding fee increase
[Repealed]
HISTORY:
Added Stats 1994 ch 26 § 57 (AB 1807), effective March 30, 1994. Amended Stats 1996 ch 829 § 67
(AB 3473). Repealed Stats 2017 ch 454 § 24 (AB 1706), effective January 1, 2018.
§ 2689. Fees relating to certification for performance of electromyo-
graphical testing
(a) The board may establish by regulation suitable application and renewal
fees of not more than two hundred dollars ($200), for persons certified to
perform electromyographical testing pursuant to Section 2620.5, based upon
the cost of operating the certification program. The application fee shall be
paid by the applicant at the time the application is filed and the renewal fee
shall be paid as provided in Section 2644.
(b) The board shall charge an examination and reexamination fee of five
hundred dollars ($500) to applicants who are examined and who have been
found to otherwise meet the board’s standards for certification.
HISTORY:
Added Stats 1978 ch 572 § 10. Amended Stats 1989 ch 1030 § 2; Stats 1996 ch 829 § 68 (AB 3473);
Stats 2017 ch 454 § 25 (AB 1706), effective January 1, 2018.
ARTICLE 10
PHYSICAL THERAPY CORPORATIONS
HISTORY: Added Stats 1980 ch 1314 § 10, as Article 8. Renumbered by Stats 2013 ch 389 § 79
(SB 198), effective January 1, 2014.
§ 2690. Definition; Governing agency
A physical therapy corporation is a corporation that is authorized to render
professional services, as defined in Section 13401 of the Corporations Code, so
long as that corporation and its shareholders, officers, directors, and employees
rendering professional services who are physical therapists are in compliance
with the Moscone-Knox Professional Corporation Act, this article and all other
statutes and regulations now or hereafter enacted or adopted pertaining to the
corporation and the conduct of its affairs.
With respect to a physical therapy corporation, the governmental agency
referred to in the Moscone-Knox Professional Corporation Act is the Physical
Therapy Board of California.
HISTORY:
Added Stats 1980 ch 1314 § 10. Amended Stats 1989 ch 886 § 51; Stats 1990 ch 1087 § 23 (SB 2512);
Stats 1996 ch 829 § 69 (AB 3473).
§ 2691. Violation as unprofessional conduct
It shall constitute unprofessional conduct and a violation of this chapter for
any person licensed under this chapter to violate, attempt to violate, directly or
indirectly, or assist in or abet the violation of, or conspire to violate any
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§ 2692 BUSINESS & PROFESSIONS CODE
provision or term of this article, the Moscone-Knox Professional Corporation
Act, or any regulations duly adopted under those laws.
HISTORY:
Added Stats 1980 ch 1314 § 10.
§ 2692. Conduct of practice
A physical therapy corporation shall not do or fail to do any act the doing of
which or the failure to do which would constitute unprofessional conduct under
any statute or regulation, now or hereafter in effect. In the conduct of its
practice, it shall observe and be bound by such statutes and regulations to the
same extent as a person holding a license under this chapter.
HISTORY:
Added Stats 1980 ch 1314 § 10.
§ 2693. Name
The name of a physical therapy corporation and any name or names under
which it may render professional services shall contain the words “physical
therapy” or “physical therapist”, and wording or abbreviations denoting
corporate existence.
HISTORY:
Added Stats 1980 ch 1314 § 10.
§ 2694. Shareholders, directors and officers to be licensees
Except as provided in Section 13403 of the Corporations Code, each share-
holder, director and officer of a physical therapy corporation, except an
assistant secretary and an assistant treasurer, shall be a licensed person as
defined in Section 13401 of the Corporations Code.
HISTORY:
Added Stats 1980 ch 1314 § 10.
§ 2695. Accrual of income to shareholder while disqualified prohib-
ited
The income of a physical therapy corporation attributable to professional
services rendered while a shareholder is a disqualified person, as defined in
Section 13401 of the Corporations Code, shall not in any manner accrue to the
benefit of such shareholder or his or her shares in the physical therapy
corporation.
HISTORY:
Added Stats 1980 ch 1314 § 10.
§ 2696. Regulation by committee
The board may adopt and enforce regulations to carry out the purposes and
objectives of this article, including regulations requiring (a) that the bylaws of
a physical therapy corporation shall include a provision whereby the capital
stock of the corporation owned by a disqualified person (as defined in Section
13401 of the Corporations Code), or a deceased person, shall be sold to the
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BUSINESS & PROFESSIONS CODE § 2696
corporation or to the remaining shareholders of the corporation within the time
as the regulations may provide, and (b) that a physical therapy corporation
shall provide adequate security by insurance or otherwise for claims against it
by its patients arising out of the rendering of professional services.
HISTORY:
Added Stats 1980 ch 1314 § 10. Amended Stats 1996 ch 829 § 70 (AB 3473).
Bus. & Prof. Code
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CORPORATIONS CODE
TITLE 1
CORPORATIONS
DIVISION 3
CORPORATIONS FOR SPECIFIC PURPOSES
PART 4
PROFESSIONAL CORPORATIONS
HISTORY: Added Stats 1968 ch 1375 § 9.
§ 13400. Citation of part
This part shall be known and may be cited as the “Moscone-Knox Profes-
sional Corporation Act.”
HISTORY:
Added Stats 1968 ch 1375 § 9.
§ 13401. Definitions
As used in this part:
(a) “Professional services” means any type of professional services that
may be lawfully rendered only pursuant to a license, certification, or
registration authorized by the Business and Professions Code, the Chiro-
practic Act, or the Osteopathic Act.
(b) “Professional corporation” means a corporation organized under the
General Corporation Law or pursuant to subdivision (b) of Section 13406
that is engaged in rendering professional services in a single profession,
except as otherwise authorized in Section 13401.5, pursuant to a certificate
of registration issued by the governmental agency regulating the profession
as herein provided and that in its practice or business designates itself as a
professional or other corporation as may be required by statute. However,
any professional corporation or foreign professional corporation rendering
professional services by persons duly licensed by the Medical Board of
California or any examining committee under the jurisdiction of the board,
the California Board of Podiatric Medicine, the Osteopathic Medical Board of
California, the Dental Board of California, the Dental Hygiene Board of
California, the California State Board of Pharmacy, the Veterinary Medical
Board, the California Architects Board, the Court Reporters Board of
California, the Board of Behavioral Sciences, the Speech-Language Pathol-
ogy and Audiology Board, the Board of Registered Nursing, the State Board
of Optometry, or the California Board of Occupational Therapy shall not be
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Corporations Code
§ 13401.3 CORPORATIONS CODE
required to obtain a certificate of registration in order to render those
professional services.
(c) “Foreign professional corporation” means a corporation organized
under the laws of a state of the United States other than this state that is
engaged in a profession of a type for which there is authorization in the
Business and Professions Code for the performance of professional services
by a foreign professional corporation.
(d) “Licensed person” means any natural person who is duly licensed
under the provisions of the Business and Professions Code, the Chiropractic
Act, or the Osteopathic Act to render the same professional services as are or
will be rendered by the professional corporation or foreign professional
corporation of which the person is, or intends to become, an officer, director,
shareholder, or employee.
(e) “Disqualified person” means a licensed person who for any reason
becomes legally disqualified (temporarily or permanently) to render the
professional services that the particular professional corporation or foreign
professional corporation of which they are an officer, director, shareholder, or
employee is or was rendering.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 3, operative July 1, 1971; Stats 1977
ch 1126 § 3; Stats 1979 ch 472 § 2; Stats 1980 ch 1314 § 16; Stats 1981 ch 383 § 2; Stats 1985 ch 220
§ 2, ch 1578 § 2; Stats 1987 ch 571 § 7; Stats 1988 ch 1448 § 28.5; Stats 1989 ch 886 § 82; Stats 1991
ch 566 § 20 (AB 766); Stats 1992 ch 1289 § 50 (AB 2743); Stats 1993 ch 910 § 2 (SB 687), ch 955 § 5.3
(SB 312); Stats 1994 ch 26 § 225 (AB 1807), effective March 30, 1994 (ch 26 prevails), ch 1010 § 66.1
(SB 2053); Stats 1995 ch 60 § 43 (SB 42), effective July 6, 1995; Stats 1997 ch 168 § 8 (AB 348); Stats
1999 ch 657 § 34 (AB 1677); Stats 2000 ch 197 § 4 (SB 1636), ch 836 § 51 (SB 1554); Stats 2004 ch
695 § 51 (SB 1913); Stats 2006 ch 564 § 17 (AB 2256), effective January 1, 2007; Stats 2015 ch 516
§ 3 (AB 502), effective January 1, 2016; Stats 2017 ch 775 § 107 (SB 798), effective January 1, 2018;
Stats 2018 ch 858 § 61 (SB 1482), effective January 1, 2019; Stats 2022 ch 290 § 6 (AB 2671), effective
January 1, 2023.
§ 13401.3. “Professional services”
As used in this part, “professional services” also means any type of profes-
sional services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Yacht and Ship Brokers Act
(Article 2 (commencing with Section 700) of Chapter 5 of Division 3 of the
Harbors and Navigation Code).
HISTORY:
Added Stats 2000 ch 508 § 1 (SB 1967). Amended Stats 2001 ch 597 § 1 (AB 1706).
§ 13401.5. Licensees as shareholders, officers, directors, or employ-
ees
Notwithstanding subdivision (d) of Section 13401 and any other provision of
law, the following licensed persons may be shareholders, officers, directors, or
professional employees of the professional corporations designated in this
section so long as the sum of all shares owned by those licensed persons does
not exceed 49 percent of the total number of shares of the professional
corporation so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated herein
does not exceed the number of persons licensed by the governmental agency
19 1
CORPORATIONS CODE § 13401.5
regulating the designated professional corporation. This section does not limit
employment by a professional corporation designated in this section to only
those licensed professionals listed under each subdivision. Any person duly
licensed under Division 2 (commencing with Section 500) of the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act may be
employed to render professional services by a professional corporation desig-
nated in this section.
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed physical therapists.
(13) Licensed pharmacists.
(14) Licensed midwives.
(15) Licensed occupational therapists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed physical therapists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(11) Licensed midwives.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
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120
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed midwives.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(9) Licensed midwives.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed midwives.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
§ 13401.5 CORPORATIONS CODE
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CORPORATIONS CODE § 13401.5
121
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(11) Licensed midwives.
(l) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed midwives.
(m) Naturopathic doctor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(13) Licensed midwives.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
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§ 13401.5 CORPORATIONS CODE
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(9) Licensed midwives.
(p) Physical therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed occupational therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
(11) Licensed midwives.
(q) Registered dental hygienist in alternative practice corporation.
(1) Registered dental assistants.
(2) Licensed dentists.
(3) Registered dental hygienists.
(4) Registered dental hygienists in extended functions.
(r) Licensed midwifery corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed marriage and family therapists.
(5) Licensed clinical social workers.
(6) Licensed physician assistants.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Licensed naturopathic doctors.
(10) Licensed professional clinical counselors.
(11) Licensed physical therapists.
(s) Occupational therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed physical therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
(11) Licensed midwives.
(12) Licensed clinical social workers.
(13) Licensed marriage and family therapists.
(14) Licensed occupational therapy assistants.
HISTORY:
Added Stats 1980 ch 1314 § 17.1. Amended Stats 1981 ch 621 § 5; Stats 1982 ch 1304 § 3, ch 1315
123
CORPORATIONS CODE § 13403
§ 1; Stats 1983 ch 1026 § 23, ch 1084 § 1; Stats 1988 ch 507 § 1; Stats 1990 ch 1691 § 1 (AB 3324);
Stats 1994 ch 26 § 226 (AB 1807), effective March 30, 1994, ch 815 § 2 (SB 1279); Stats 1997 ch 758
§ 84 (SB 1346); Stats 1998 ch 175 § 1 (AB 2120); Stats 2002 ch 1013 § 75 (SB 2026); Stats 2003 ch 485
§ 6 (SB 907), ch 549 § 4 (AB 123); Stats 2004 ch 183 § 50 (AB 3082); Stats 2011 ch 381 § 18 (SB 146),
effective January 1, 2012; Stats 2013 ch 620 § 6 (AB 1000), effective January 1, 2014; Stats 2015 ch
516 § 4 (AB 502), effective January 1, 2016; Stats 2016 ch 484 § 53 (SB 1193), effective January 1,
2017; Stats 2017 ch 775 § 108 (SB 798), effective January 1, 2018; Stats 2022 ch 290 § 7 (AB 2671),
effective January 1, 2023.
§ 13402. Corporation rendering services other than pursuant to this
part; Conduct of business by corporation not professional corpora-
tion
(a) This part shall not apply to any corporation now in existence or hereafter
organized which may lawfully render professional services other than pursu-
ant to this part, nor shall anything herein contained alter or affect any right or
privilege, whether under any existing or future provision of the Business and
Professions Code or otherwise, in terms permitting or not prohibiting perfor-
mance of professional services through the use of any form of corporation
permitted by the General Corporation Law.
(b) The conduct of a business in this state by a corporation pursuant to a
license or registration issued under any state law, except laws relating to
taxation, shall not be considered to be the conduct of a business as a
professional corporation if the business is conducted by, and the license or
registration is issued to, a corporation which is not a professional corporation
within the meaning of this part, whether or not a professional corporation
could conduct the same business, or portions of the same business, as a
professional corporation.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1985 ch 1578 § 3; Stats 1988 ch 919 § 13.
§ 13403. General Corporation Law; Applicability
The provisions of the General Corporation Law shall apply to professional
corporations, except where such provisions are in conflict with or inconsistent
with the provisions of this part. A professional corporation which has only one
shareholder need have only one director who shall be such shareholder and
who shall also serve as the president and treasurer of the corporation. The
other officers of the corporation in such situation need not be licensed persons.
A professional corporation which has only two shareholders need have only two
directors who shall be such shareholders. The two shareholders between them
shall fill the offices of president, vice president, secretary and treasurer.
A professional medical corporation may establish in its articles or bylaws the
manner in which its directors are selected and removed, their powers, duties,
and compensation. Each term of office may not exceed three years. Notwith-
standing the foregoing, the articles or bylaws of a professional medical
corporation with more than 200 shareholders may provide that directors who
are officers of the corporation or who are responsible for the management of all
medical services at one or more medical centers may have terms of office, as
directors, of up to six years; however, no more than 50 percent of the members
of the board, plus one additional member of the board, may have six-year terms
of office.
Corporations Code
124
Corporations Code
§ 13404 CORPORATIONS CODE
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1979 ch 711 § 12; Stats 1980 ch 36 § 1.
§ 13404. Formation; Certificate of registration
A corporation may be formed under the General Corporation Law or
pursuant to subdivision (b) of Section 13406 for the purposes of qualifying as
a professional corporation in the manner provided in this part and rendering
professional services. The articles of incorporation of a professional corporation
shall contain a specific statement that the corporation is a professional
corporation within the meaning of this part. Except as provided in subdivision
(b) of Section 13401, no professional corporation shall render professional
services in this state without a currently effective certificate of registration
issued by the governmental agency regulating the profession in which such
corporation is or proposes to be engaged, pursuant to the applicable provisions
of the Business and Professions Code or the Chiropractic Act expressly
authorizing such professional services to be rendered by a professional
corporation.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1970 ch 1110 § 4, operative July 1, 1971; Stats 1980
ch 1314 § 18; Stats 1993 ch 955 § 6 (SB 312).
SUGGESTED FORMS
Articles of Incorporation—Professional Corporation
Articles of Incorporation of [name], a Professional Corporation1.The name of this corpora-
tion is 2.The purpose of this corporation is to engage in the profession of [specify]
and any other lawful activities (other than the banking or trust company business) not prohibited to
a corporation engaging in such profession by applicable laws and regulations.3.The corporation is a
professional corporation within the meaning of Part 4 of Division 3 of Title 1 of the Corporations Code
of the State of California.4.The name of the corporation’s initial agent for service of process is
, who may be served at [address].5.The corporation is authorized to issue only one
class of shares of stock. The total number of shares that this corporation is authorized to issue is
6. [If applicable, add: No capital stock shall be issued to anyone other than an
individual who is duly licensed to render the same specific professional services or related
professional services that the corporation was organized to perform].7. [If applicable, add:
No shareholder shall enter into a voting trust agreement or any other type of agreement vesting
another person (other than another licensed person who is a shareholder of this corporation) with the
authority to exercise the voting power of any of his stock].
Dated .
[Signature of incorporator]
[Typed name of incorporator]
I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which
execution is my act and deed.
[Signature]
Bylaws of Professional Corporation
Bylaws of [corporation]
Article One. Offices
The principal executive office of the corporation is located at [address], in the City of
, County of , State of California. The corporation may have such other offices as the
business of the corporation may require from time to time.
Article Two. Shares and Shareholders
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CORPORATIONS CODE § 13404
Section One. Eligible Shareholders. Shares of the corporation shall be issued only to persons duly
licensed by law to [practice the profession of or perform the services of ]
in the State of California.
Section Two. Certificates. The shares of the corporation shall be represented by certificates signed by
the [president and secretary]. Each certificate shall be issued in numerical order from the
shares certificate book, and a full record of each certificate as issued shall be entered on the stub
thereof. Each certificate shall contain an appropriate legend setting forth the restrictions on sale and
transfer provided for in Sections Three and Four of this article.
Section Three. Transfer. Transfers of shares of the corporation shall be made only on the corporation
books by the shareholder of record thereof or by his duly authorized attorney in fact. The corporation
and/or its shareholders are authorized to enter into a separate buy-sell agreement for the purchase
of outstanding shares of the corporation. Any such agreement shall be deemed a part of these bylaws
and shall be attached hereto and incorporated herein. Any transfer of shares shall be subject to the
terms of the separate buy-sell agreement.
Section Four. Deceased or Disqualified Shareholders. Shares of a deceased shareholder or of a
shareholder who is disqualified from holding shares in this corporation under the provisions of the
[Moscone-Knox Professional Corporation Act] shall be either redeemed by the corporation or
purchased by the remaining shareholders of the corporation. The price and terms upon which the
shares of such deceased or disqualified shareholder are redeemed or purchased shall be subject to a
separate agreement, executed pursuant hereto, and shall be deemed a part of these bylaws.
Article Three. Shareholders’ Meetings
Section One. Annual Meetings. Meetings of shareholders shall be held annually on the [first
Monday or as the case may be] in the month of at o’clock .m., unless such
day should fall on a legal holiday. In such event, the meeting shall be held at the same hour and place
of the next succeeding business day that is not a legal holiday.
Section Two. Special Meetings. Special meetings of the shareholders may be called by the president
or the board of directors, or upon written request of holders of percent of the outstanding
shares entitled to vote at such special meeting.
Section Three. Notice of Meeting. Notice of any regular or special meeting of the shareholders shall
specify the place, date, and hour of the meeting, and the objects thereof. Written notice of the meeting
shall be given to each shareholder of record and shall be delivered personally to the shareholder at
his address as it appears on the record of shareholders of the corporation not less than [10]
days nor more than [40] days before any such meeting.
Section Four. Quorum. The presence of the holders of [a majority] of the shares at a meeting
shall constitute a quorum of the shareholders for all purposes unless the presence of a larger number
is required by law. However, if such quorum is not present or represented at any shareholders’
meeting, the holders of a majority of the voting shares represented at the meeting shall have the
power to adjourn the meeting from time to time. At such adjourned meeting, any business may be
transacted that might have been transacted at the meeting as originally called.
Section Five. Voting. Every shareholder shall be entitled to one vote for each share outstanding in his
name on the record of the shareholders. All corporate action, except actions regulated by statute, shall
be determined by a majority vote of the shareholders present in person or by proxy. No shareholder
shall enter into a voting trust agreement or any other type of agreement vesting another person
(other than another licensed person who is a shareholder of this corporation) with the authority to
exercise the voting power of any of his shares of stock.
Section Six. Informal Action by Shareholders. Any action required or permitted to be taken at a
shareholders’ meeting may be effected without a meeting if a written consent thereto, setting forth
the action taken, is signed by all of the shareholders entitled to vote on such action.
Article Four. Board of Directors
Section One. Number and Qualifications. The board of directors of the corporation shall consist of
[number] persons, each of whom shall be duly licensed or otherwise legally qualified in the
State of California to render the professional service for which the corporation is organized. In the
event that a director becomes disqualified to render such service in the State of California, he shall
cease being a director on the effective date of such disqualification, and his office as director shall be
considered vacant.
Section Two. Manner of Election: Term of Office. Directors shall be elected at the annual meeting of
shareholders. The term of office of each director shall be until the next annual meeting of
shareholders and the election of his successor in office.
Section Three. Vacancies. Any vacancy occurring in the board of directors by death, resignation,
disqualification, or otherwise shall be filled by majority vote of the remaining directors at a special
meeting that shall be called for that purpose within days after the vacancy occurs. The
Corporations Code
126
Corporations Code
§ 13404 CORPORATIONS CODE
successor thus chosen shall hold office until the next succeeding annual meeting of shareholders and
until a qualified successor has been elected.
Section Four. Powers and Duties. The board of directors shall have control and management of the
affairs and business of the corporation. Subject to the limitations of the articles of incorporation,
these bylaws, the California General Corporation Law, and the Moscone-Knox Professional Corpo-
ration Act regarding corporate action that must be authorized or approved by the corporation’s
shareholders, all corporate powers shall be exercised by or under the authority of the board of
directors.
Section Five. Meetings. Without notice or call, the board of directors shall hold an organizational
meeting immediately following each annual meeting of the shareholders. The board of directors may
by resolution provide for the holding of additional regular meetings without notice other than such
resolution. Special meetings of the board may be called by the president, vice president, or any
[number] directors.
Section Six. Notice. No notice of regular meetings need be given. Notice of special meetings shall be
given by the secretary by at least one of the following methods:
(a) Actual notice in person or by telephone to each director at least days in advance of the
date set for the meeting; or
(b) Notice by mail or telegraph sent to each director at least days prior to the date set for the
meeting. Written or telegraphic notices shall be sufficient if sent, charges prepaid, to each respective
director at his last address known to the secretary as shown by the records of the corporation. Notice
of any particular meeting may be given to some directors in one manner and to the remaining
directors in a different manner.
Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except when
a director attends the meeting for the express purpose of objecting to the transaction of any business
on the ground that the meeting is not lawfully called or convened.
Section Seven. Quorum. A majority [plus (number)] of the authorized number of
directors shall constitute a quorum of the board of directors for the transaction of business. All action
taken by the board shall be approved by a vote of the majority of the directors present at a meeting
at which a quorum is present.
Section Eight. Informal Action by Directors. Any action required or permitted to be taken at a meeting
of the board of directors may be taken without a meeting if a written consent, setting forth the action
taken, is signed by all the directors entitled to vote on the subject matter thereof.
Article Five. Officers
Section One. Officers and Qualifications. The officers of the corporation shall include a president, vice
president, secretary, treasurer, and such other officers as the board of directors may determine. One
person may hold two or more offices. All officers must be duly licensed or otherwise legally qualified
in the State of California to render the professional service for which the corporation is organized.
Section Two. Election and Term of Office. All officers of the corporation shall be elected annually by
the board of directors at its organizational meeting held immediately following the annual meeting
of shareholders. Each officer shall hold office until he resigns, is removed from office, or is otherwise
disqualified to serve, or his successor is elected and qualified.
Section Three. Removal. Any officer may be removed during his term by vote of a majority
[plus (number)] of the board of directors whenever, in the board’s judgment, his removal
would serve the best interests of the corporation. Any officer who becomes disqualified to
[practice the profession of or perform the services of ] in the State of California
shall cease being an officer on the effective date of such disqualification.
Section Four. Vacancies. Vacancies in offices shall be filled by election of the board of directors at any
time for unexpired terms.
Section Five. Powers and Duties. The officers of the corporation shall have such powers and duties as
generally pertain to their respective offices, and such other powers as may be conferred by the board
of directors, subject to limitations as the board may from time to time prescribe.
Article Six. Amendments
These bylaws may be amended or repealed, or added to, or new bylaws may be adopted, at any
meeting of the board of directors of the corporation by a majority vote of the directors present at the
meeting.
Adopted by the board of directors on , at [location].
[Signatures]
[Caution:The articles and provisions thereto are illustrative and do not necessarily encompass all
factors to be considered in drafting such instruments. Careful attention should be given to the
applicable statutes and to the regulations of the licensing boards for the particular professions to
ascertain requirements for name style. Counsel should checkB&PC provisions to determine whether
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CORPORATIONS CODE § 13404.5
a professional corporation can be utilized. If there is no authority for professional corporations for a
specified profession, a general business corporation should be formed (see forms set forth under § 202).
Considerable time and trouble can be saved for counsel, client, and the state agencies involved if any
questions regarding incorporation are resolved by consultation with the offices of the Secretary of State
and the Commissioner of Corporations.]
§ 13404.5. Certificate of registration to transact intrastate business;
Liability of shareholders
(a) A foreign professional corporation may qualify as a foreign corporation to
transact intrastate business in this state in accordance with Chapter 21
(commencing with Section 2100) of Division 1. A foreign professional corpora-
tion shall be subject to the provisions of the General Corporation Law
applicable to foreign corporations, except where those provisions are in conflict
with or inconsistent with the provisions of this part. The statement and
designation filed by the foreign professional corporation pursuant to Section
2105 shall contain a specific statement that the corporation is a foreign
professional corporation within the meaning of this part.
(b) No foreign professional corporation shall render professional services in
this state without a currently effective certificate of registration issued by the
governmental agency regulating the profession in which that corporation
proposes to be engaged, pursuant to the applicable provisions of the Business
and Professions Code expressly authorizing those professional services to be
rendered by a foreign professional corporation.
(c) If the California board, commission, or other agency that prescribes the
rules or regulations governing a particular profession either now or hereafter
requires that the shareholders of the professional corporation bear any degree
of personal liability for the acts of the corporation, either by personal
guarantee or in some other form that the governing agency prescribes, the
shareholders of a foreign corporation that has been qualified to do business in
this state in the same profession shall, as a condition of doing business in this
state, be subject, with regard to the rendering of professional services by the
professional corporation in California, or for California residents, to the same
degree of personal liability, if any, as is prescribed by the governing agency for
shareholders of a California professional corporation rendering services in the
same profession.
(d) Each application by a foreign professional corporation to qualify to do
business in this state shall contain the following statement:
“The shareholders of the undersigned foreign professional corporation shall
be subject, with regard to the rendering of professional services by the
professional corporation in California, or for California residents, to the same
degree of personal liability, if any, in California as is from time to time
prescribed by the agency governing the profession in this state for sharehold-
ers in a California professional corporation rendering services in the same
profession. This application accordingly constitutes a submission to the juris-
diction of the courts of California to the same extent, but only to the same
extent, as applies to the shareholders of a California professional corporation
in the same profession. The foregoing submission to jurisdiction is a condition
of qualification to do business in this state.”
HISTORY:
Added Stats 1993 ch 910 § 3 (SB 687).
Corporations Code
128
Corporations Code
§ 13405 CORPORATIONS CODE
§ 13405. License requirement for persons rendering professional
services; Employment of nonlicensed personnel
(a) Subject to the provisions of Section 13404, a professional corporation
may lawfully render professional services in this state, but only through
employees who are licensed persons. The corporation may employ persons not
so licensed, but such persons shall not render any professional services
rendered or to be rendered by that corporation in this state. A professional
corporation may render professional services outside of this state, but only
through employees who are licensed to render the same professional services
in the jurisdiction or jurisdictions in which the person practices. Nothing in
this section is intended to prohibit the rendition of occasional professional
services in another jurisdiction as an incident to the licensee’s primary
practice, so long as it is permitted by the governing agency that regulates the
particular profession in the jurisdiction. Nothing in this section is intended to
prohibit the rendition of occasional professional services in this state as an
incident to a professional employee’s primary practice for a foreign professional
corporation qualified to render professional services in this state, so long as it
is permitted by the governing agency that regulates the particular profession
in this state.
(b) Subject to Section 13404.5, a foreign professional corporation qualified to
render professional services in this state may lawfully render professional
services in this state, but only through employees who are licensed persons,
and shall render professional services outside of this state only through
persons who are licensed to render the same professional services in the
jurisdiction or jurisdictions in which the person practices. The foreign profes-
sional corporation may employ persons in this state who are not licensed in
this state, but those persons shall not render any professional services
rendered or to be rendered by the corporation in this state.
(c) Nothing in this section or in this part is intended to, or shall, augment,
diminish or otherwise alter existing provisions of law, statutes or court rules
relating to services by a California attorney in another jurisdiction, or services
by an out-of-state attorney in California. These existing provisions, including,
but not limited to, admission pro hac vice and the taking of depositions in a
jurisdiction other than the one in which the deposing attorney is admitted to
practice, shall remain in full force and effect.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 4 (SB 687).
§ 13406. Professional corporations; Stock; Financial statements; Vot-
ing; Nonprofit law corporations
(a) Subject to the provisions of subdivision (b), shares of capital stock in a
professional corporation may be issued only to a licensed person or to a person
who is licensed to render the same professional services in the jurisdiction or
jurisdictions in which the person practices, and any shares issued in violation
of this restriction shall be void. Unless there is a public offering of securities by
a professional corporation or by a foreign professional corporation in this state,
its financial statements shall be treated by the Commissioner of Financial
Protection and Innovation as confidential, except to the extent that such
statements shall be subject to subpoena in connection with any judicial or
129
CORPORATIONS CODE § 13407
administrative proceeding, and may be admissible in evidence therein. A
shareholder of a professional corporation or of a foreign professional corpora-
tion qualified to render professional services in this state shall not enter into
a voting trust, proxy, or any other arrangement vesting another person (other
than another person who is a shareholder of the same corporation) with the
authority to exercise the voting power of any or all of the shareholder’s shares,
and any purported voting trust, proxy, or other arrangement shall be void.
(b) A professional law corporation may be incorporated as a nonprofit public
benefit corporation under the Nonprofit Public Benefit Corporation Law under
either of the following circumstances:
(1) The corporation is a qualified legal services project or a qualified
support center within the meaning of subdivisions (a) and (b) of Section 6213
of the Business and Professions Code.
(2) The professional law corporation otherwise meets all of the require-
ments and complies with all of the provisions of the Nonprofit Public Benefit
Corporation Law, as well as all of the following requirements:
(A) All of the members of the corporation, if it is a membership
organization as described in the Nonprofit Corporation Law, are persons
licensed to practice law in California.
(B) All of the members of the professional law corporation’s board of
directors are persons licensed to practice law in California.
(C) Seventy percent of the clients to whom the corporation provides
legal services are lower income persons as defined in Section 50079.5 of
the Health and Safety Code, and to other persons who would not otherwise
have access to legal services.
(D) The corporation shall not enter into contingency fee contracts with
clients.
(c) A professional law corporation incorporated as a nonprofit public benefit
corporation that is a recipient in good standing as defined in subdivision (c) of
Section 6213 of the Business and Professions Code shall be deemed to have
satisfied all of the filing requirements of a professional law corporation under
Sections 6161.1, 6162, and 6163 of the Business and Professions Code.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 5 (SB 687), ch 955 § 7.5 (SB 312); Stats
2019 ch 143 § 35 (SB 251), effective January 1, 2020; Stats 2022 ch 452 § 62 (SB 1498), effective
January 1, 2023.
§ 13407. Transfer of shares; Restriction; Purchase by corporation;
Suspension or revocation of certificate
Shares in a professional corporation or a foreign professional corporation
qualified to render professional services in this state may be transferred only
to a licensed person, to a shareholder of the same corporation, to a person
licensed to practice the same profession in the jurisdiction or jurisdictions in
which the person practices, or to a professional corporation, and any transfer
in violation of this restriction shall be void, except as provided herein.
A professional corporation may purchase its own shares without regard to
any restrictions provided by law upon the repurchase of shares, if at least one
share remains issued and outstanding.
Corporations Code
§ 13408 CORPORATIONS CODE
Corporations Code
If a professional corporation or a foreign professional corporation qualified to
render professional services in this state shall fail to acquire all of the shares
of a shareholder who is disqualified from rendering professional services in
this state or of a deceased shareholder who was, on his or her date of death,
licensed to render professional services in this state, or if such a disqualified
shareholder or the representative of such a deceased shareholder shall fail to
transfer said shares to the corporation, to another shareholder of the corpora-
tion, to a person licensed to practice the same profession in the jurisdiction or
jurisdictions in which the person practices, or to a licensed person, within 90
days following the date of disqualification, or within six months following the
date of death of the shareholder, as the case may be, then the certificate of
registration of the corporation may be suspended or revoked by the govern-
mental agency regulating the profession in which the corporation is engaged.
In the event of such a suspension or revocation, the corporation shall cease to
render professional services in this state.
Notwithstanding any provision in this part, upon the death or incapacity of
a dentist, any individual named in subdivision (a) of Section 1625.3 of the
Business and Professions Code may employ licensed dentists and dental
assistants and charge for their professional services for a period not to exceed
12 months from the date of death or incapacity of the dentist. The employment
of licensed dentists and dental assistants shall not be deemed the practice of
dentistry within the meaning of Section 1625 of the Business and Professions
Code, provided that all of the requirements of Section 1625.4 of the Business
and Professions Code are met. If an individual listed in Section 1625.3 of the
Business and Professions Code is employing licensed persons and dental
assistants, then the shares of a deceased or incapacitated dentist shall be
transferred as provided in this section no later than 12 months from the date
of death or incapacity of the dentist.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 6 (SB 687); Stats 2007 ch 433§4(SB
387), effective January 1, 2008.
§ 13408. Specification of grounds for suspension or revocation of
certificate
The following shall be grounds for the suspension or revocation of the
certificate of registration of a professional corporation or a foreign professional
corporation qualified to render professional services in this state: (a) if all
shareholders who are licensed persons of such corporation shall at any one
time become disqualified persons, or (b) if the sole shareholder shall become a
disqualified person, or (c) if such corporation shall knowingly employ or retain
in its employment a disqualified person, or (d) if such corporation shall violate
any applicable rule or regulation adopted by the governmental agency regu-
lating the profession in which such corporation is engaged, or (e) if such
corporation shall violate any statute applicable to a professional corporation or
to a foreign professional corporation, or (f) any ground for such suspension or
revocation specified in the Business and Professions Code relating to the
profession in which such corporation is engaged. In the event of such suspen-
sion or revocation of its certificate of registration such corporation shall cease
forthwith to render professional services in this state.
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CORPORATIONS CODE § 13410
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 7 (SB 687).
§ 13408.5. Fee splitting, kickbacks, or similar practices
A professional corporation shall not be formed so as to cause any violation of
law, or any applicable rules and regulations, relating to fee splitting, kick-
backs, or other similar practices by physicians and surgeons or psychologists,
including, but not limited to, Section 650 or subdivision (e) of Section 2960 of
the Business and Professions Code. A violation of any such provisions shall be
grounds for the suspension or revocation of the certificate of registration of the
professional corporation. The Commissioner of Financial Protection and Inno-
vation or the Director of the Department of Managed Health Care may refer
any suspected violation of those provisions to the governmental agency
regulating the profession in which the corporation is, or proposes to be
engaged.
HISTORY:
Added Stats 1977 ch 1126 § 4. Amended Stats 1999 ch 525 § 9 (AB 78), operative July 1, 2000; Stats
2000 ch 857 § 7 (AB 2903); Stats 2019 ch 143 § 36 (SB 251), effective January 1, 2020; Stats 2022 ch
452 § 63 (SB 1498), effective January 1, 2023.
§ 13409. Name of corporation; Provisions governing
(a) Subject to Section 201, a professional corporation may adopt any name
permitted by a law expressly applicable to the profession in which the
corporation is engaged or by a rule or regulation of the governmental agency
regulating that profession. The Secretary of State may require proof by
affidavit or otherwise establishing that the name of the professional corpora-
tion complies with the requirements of this section and of the law governing
the profession in which that professional corporation is engaged. The state-
ments of fact in those affidavits may be accepted by the Secretary of State as
sufficient proof of the facts.
(b) Subject to Section 201, a foreign professional corporation qualified to
render professional services in this state may transact intrastate business in
this state by any name permitted by a law expressly applicable to the
profession in which the corporation is engaged, or by a rule or regulation of the
governmental agency regulating the rendering of professional services in this
state by the corporation. The Secretary of State may require proof by affidavit
or otherwise establishing that the name of the foreign professional corporation
qualified to render professional services in this state complies with the
requirements of this section and of the law governing the profession in which
the foreign professional corporation qualified to render professional services in
this state proposes to engage in this state. The statements of fact in those
affidavits may be accepted by the Secretary of State as sufficient proof of the
facts.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1976 ch 641 § 42, effective January 1, 1977; Stats
1993 ch 910 § 8 (SB 687); Stats 2020 ch 361 § 12 (SB 522), effective January 1, 2021.
§ 13410. Disciplinary rules and regulations
(a) A professional corporation or a foreign professional corporation qualified
to render professional services in this state shall be subject to the applicable
131
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§ 13410 CORPORATIONS CODE
Corporations Code
rules and regulations adopted by, and all the disciplinary provisions of the
Business and Professions Code expressly governing the practice of the profes-
sion in this state, and to the powers of, the governmental agency regulating the
profession in which such corporation is engaged. Nothing in this part shall
affect or impair the disciplinary powers of any such governmental agency over
licensed persons or any law, rule or regulation pertaining to the standards for
professional conduct of licensed persons or to the professional relationship
between any licensed person furnishing professional services and the person
receiving such services.
(b) With respect to any foreign professional corporation qualified to render
professional services in this state, each such governmental agency shall adopt
rules, regulations, and orders as appropriate to restrict or prohibit any
disqualified person from doing any of the following:
(1) Being a shareholder, director, officer, or employee of the corporation.
(2) Rendering services in any profession in which he or she is a disquali-
fied person.
(3) Participating in the management of the corporation.
(4) Sharing in the income of the corporation.
HISTORY:
Added Stats 1968 ch 1375 § 9. Amended Stats 1993 ch 910 § 10 (SB 687).
132
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PART 4
PREVENTION OF CRIMES AND APPREHENSION
OF CRIMINALS
HISTORY: Added Stats 1953 ch 1385 § 1 p 2964.
TITLE 1
INVESTIGATION AND CONTROL OF CRIMES AND
CRIMINALS
CHAPTER 2
CONTROL OF CRIMES AND CRIMINALS
HISTORY: Added Stats 1953 ch 70 § 1.
ARTICLE 2
REPORTS OF INJURIES
HISTORY: Added Stats 1953 ch 34 § 1. Heading of Article 2, consisting of §§ 11160–11163.6, was
amended Stats 1993 ch 992 § 1.
§ 11160. Injuries required to be reported; Method of reporting; Team
reports; Internal procedures
(a) A health practitioner, as defined in subdivision (a) of Section 11162.5,
employed by a health facility, clinic, physician’s office, local or state public
health department, local government agency, or a clinic or other type of facility
operated by a local or state public health department who, in the health
practitioner’s professional capacity or within the scope of the health practitio-
ner’s employment, provides medical services for a physical condition to a
patient whom the health practitioner knows or reasonably suspects is a person
described as follows, shall immediately make a report in accordance with
subdivision (b):
(1) A person suffering from a wound or other physical injury inflicted by
the person’s own act or inflicted by another where the injury is by means of
a firearm.
(2) A person suffering from a wound or other physical injury inflicted upon
the person where the injury is the result of assaultive or abusive conduct.
(b) A health practitioner, as defined in subdivision (a) of Section 11162.5,
employed by a health facility, clinic, physician’s office, local or state public
health department, local government agency, or a clinic or other type of facility
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§ 11160 PENAL CODE
operated by a local or state public health department shall make a report
regarding persons described in subdivision (a) to a local law enforcement
agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form developed in
compliance with paragraph (4), and adopted by the Office of Emergency
Services, or on a form developed and adopted by another state agency that
otherwise fulfills the requirements of the standard form. The completed form
shall be sent to a local law enforcement agency within two working days of
receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written report
shall be prepared and sent pursuant to paragraphs (1) and (2) even if the
person who suffered the wound, other injury, or assaultive or abusive
conduct has expired, regardless of whether or not the wound, other injury, or
assaultive or abusive conduct was a factor contributing to the death, and
even if the evidence of the conduct of the perpetrator of the wound, other
injury, or assaultive or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the following:
(A) The name of the injured person, if known.
(B) The injured person’s whereabouts.
(C) The character and extent of the person’s injuries.
(D) The identity of any person the injured person alleges inflicted the
wound, other injury, or assaultive or abusive conduct upon the injured
person.
(c) For the purposes of this section, “injury” does not include any psycho-
logical or physical condition brought about solely through the voluntary
administration of a narcotic or restricted dangerous drug.
(d) For the purposes of this section, “assaultive or abusive conduct” includes
any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral copula-
tion, in violation of Section 220.
(7) Administering controlled substances
or anesthetic to aid in commis-
sion of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent
to injure or disfigure, in violation of Section 244.
(12)
Assault with a stun gun or taser, in violation of Section 244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or machine-
gun, or by means likely to produce great bodily injury, in violation of Section
245.
(14) Rape, in violation of Section 261 or former Section 262.
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PENAL CODE § 11160
(15) Procuring a person to have sex with another person, in violation of
Section 266, 266a, 266b, or 266c.
(16) Child abuse or endangerment, in violation of Section 273a or 273d.
(17) Abuse of spouse or cohabitant, in violation of Section 273.5.
(18) Sodomy, in violation of Section 286.
(19) Lewd and lascivious acts with a child, in violation of Section 288.
(20) Oral copulation, in violation of Section 287 or former Section 288a.
(21) Sexual penetration, in violation of Section 289.
(22) Elder abuse, in violation of Section 368.
(23) An attempt to commit any crime specified in paragraphs (1) to (22),
inclusive.
(e) When two or more persons who are required to report are present and
jointly have knowledge of a known or suspected instance of violence that is
required to be reported pursuant to this section, and when there is an
agreement among these persons to report as a team, the team may select by
mutual agreement a member of the team to make a report by telephone and a
single written report, as required by subdivision (b). The written report shall
be signed by the selected member of the reporting team. Any member who has
knowledge that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except as provided
in subdivision (e).
(g) A supervisor or administrator shall not impede or inhibit the reporting
duties required under this section and a person making a report pursuant to
this section shall not be subject to any sanction for making the report.
However, internal procedures to facilitate reporting and apprise supervisors
and administrators of reports may be established, except that these procedures
shall not be inconsistent with this article. The internal procedures shall not
require an employee required to make a report under this article to disclose the
employee’s identity to the employer.
(h) For the purposes of this section, it is the Legislature’s intent to avoid
duplication of information.
(i) For purposes of this section only, “employed by a local government
agency” includes an employee of an entity under contract with a local
government agency to provide medical services.
HISTORY:
Added Stats 1993 ch 992 § 3 (AB 1652). Amended Stats 1st Ex Sess 1993–94 ch 19 § 2 (AB 74X),
effective November 30, 1994; Stats 2000 ch 287 § 20 (SB 1955); Stats 2002 ch 249 § 2 (SB 580); Stats
2003 ch 229 § 15 (AB 1757); Stats 2010 ch 618 § 206 (AB 2791), effective January 1, 2011; Stats 2013
ch 352 § 418 (AB 1317), effective September 26, 2013, operative July 1, 2013; Stats 2018 ch 164 § 1
(AB 1973), effective January 1, 2019; Stats 2018 ch 423 § 111 (SB 1494), effective January 1, 2019 (ch
164 prevails); Stats 2019 ch 497 § 207 (AB 991), effective January 1, 2020; Stats 2021 ch 626 § 63 (AB
1171), effective January 1, 2022.
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135
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ARTICLE 2.5
CHILD ABUSE AND NEGLECT REPORTING ACT
HISTORY: Added Stats 1980 ch 1071 § 4, effective January 1, 1981. Heading of Article 2.5, which
formerly read "Child Abuse Reporting," amended to read as above by Stats 1987 ch 1444 § 1,
effective January 1, 1988.
§ 11166. Duty to report; Mandated reporters; Punishment for viola-
tion
(a) Except as provided in subdivision (d), and in Section 11166.05, a
mandated reporter shall make a report to an agency specified in Section
11165.9 whenever the mandated reporter, in the mandated reporter’s profes-
sional capacity or within the scope of the mandated reporter’s employment, has
knowledge of or observes a child whom the mandated reporter knows or
reasonably suspects has been the victim of child abuse or neglect. The
mandated reporter shall make an initial report by telephone to the agency
immediately or as soon as is practicably possible, and shall prepare and send,
fax, or electronically transmit a written followup report within 36 hours of
receiving the information concerning the incident. The mandated reporter may
include with the report any nonprivileged documentary evidence the man-
dated reporter possesses relating to the incident.
(1) For purposes of this article, “reasonable suspicion” means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts
that could cause a reasonable person in a like position, drawing, when
appropriate, on the person’s training and experience, to suspect child abuse
or neglect. “Reasonable suspicion” does not require certainty that child
abuse or neglect has occurred nor does it require a specific medical indication
of child abuse or neglect; any “reasonable suspicion” is sufficient. For
purposes of this article, the pregnancy of a minor does not, in and of itself,
constitute a basis for a reasonable suspicion of sexual abuse.
(2) The agency shall be notified, and a report shall be prepared and sent
by fax or electronic transmission, even if the child has expired, regardless of
whether or not the possible abuse was a factor contributing to the death, and
even if suspected child abuse was discovered during an autopsy.
(3) A report made by a mandated reporter pursuant to this section shall be
known as a mandated report.
(b) If, after reasonable efforts, a mandated reporter is unable to submit an
initial report by telephone, the mandated reporter shall immediately or as soon
as is practicably possible, by fax or electronic transmission, make a one-time
automated written report on the form prescribed by the Department of Justice,
and shall also be available to respond to a telephone followup call by the agency
with which the mandated reporter filed the report. A mandated reporter who
files a one-time automated written report because the mandated reporter was
unable to submit an initial report by telephone is not required to submit a
written followup report.
(1) The one-time automated written report form prescribed by the Depart-
ment of Justice shall be clearly identifiable so that it is not mistaken for a
standard written followup report. In addition, the automated one-time
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PENAL CODE § 11166
report shall contain a section that allows the mandated reporter to state the
reason the initial telephone call was not able to be completed. The reason for
the submission of the one-time automated written report in lieu of the
procedure prescribed in subdivision (a) shall be captured in the statewide
child welfare information system. The department shall work with stake-
holders to modify reporting forms and the statewide child welfare informa-
tion system as is necessary to accommodate the changes enacted by these
provisions.
(2) This subdivision shall not become operative until the statewide child
welfare information system is updated to capture the information prescribed
in this subdivision.
(3) This subdivision shall become inoperative three years after this
subdivision becomes operative or on January 1, 2009, whichever occurs first.
(4) This section does not supersede the requirement that a mandated
reporter first attempt to make a report via telephone, or that agencies
specified in Section 11165.9 accept reports from mandated reporters and
other persons as required.
(c) A mandated reporter who fails to report an incident of known or
reasonably suspected child abuse or neglect as required by this section is guilty
of a misdemeanor punishable by up to six months confinement in a county jail
or by a fine of one thousand dollars ($1,000) or by both that imprisonment and
fine. If a mandated reporter intentionally conceals the mandated reporter’s
failure to report an incident known by the mandated reporter to be abuse or
severe neglect under this section, the failure to report is a continuing offense
until an agency specified in Section 11165.9 discovers the offense.
(d)(1) A clergy member who acquires knowledge or a reasonable suspicion of
child abuse or neglect during a penitential communication is not subject to
subdivision (a). For the purposes of this subdivision, “penitential communi
cation” means a communication, intended to be in confidence, including, but
not limited to, a sacramental confession, made to a clergy member who, in
the course of the discipline or practice of the clergy member’s church,
denomination, or organization, is authorized or accustomed to hear those
communications, and under the discipline, tenets, customs, or practices of
the clergy member’s church, denomination, or organization, has a duty to
keep those communications secret.
-
(2) This subdivision does not modify or limit a clergy member’s duty to
report known or suspected child abuse or neglect when the clergy member is
acting in some other capacity that would otherwise make the clergy member
a mandated reporter.
(3)(A) On or before January 1, 2004, a clergy member or any custodian of
records for the clergy member may report to an agency specified in Section
11165.9 that the clergy member or any custodian of records for the clergy
member, prior to January 1, 1997, in the clergy member’s professional
capacity or within the scope of the clergy member’s employment, other
than during a penitential communication, acquired knowledge or had a
reasonable suspicion that a child had been the victim of sexual abuse and
that the clergy member or any custodian of records for the clergy member
did not previously report the abuse to an agency specified in Section
11165.9. The provisions of Section 11172 shall apply to all reports made
pursuant to this paragraph.
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§ 11166 PENAL CODE
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(B) This paragraph shall apply even if the victim of the known or
suspected abuse has reached the age of majority by the time the required
report is made.
(C) The local law enforcement agency shall have jurisdiction to inves-
tigate any report of child abuse made pursuant to this paragraph even if
the report is made after the victim has reached the age of majority.
(e)(1) A commercial film, photographic print, or image processor who has
knowledge of or observes, within the scope of that person’s professional
capacity or employment, any film, photograph, videotape, negative, slide, or
any representation of information, data, or an image, including, but not
limited to, any film, filmstrip, photograph, negative, slide, photocopy, video-
tape, video laser disc, computer hardware, computer software, computer
floppy disk, data storage medium, CD-ROM, computer-generated equip-
ment, or computer-generated image depicting a child under 16 years of age
engaged in an act of sexual conduct, shall, immediately or as soon as
practicably possible, telephonically report the instance of reasonably sus-
pected abuse to the law enforcement agency located in the county in which
the images are seen. Within 36 hours of receiving the information concerning
the incident, the reporter shall prepare and send, fax, or electronically
transmit a written followup report of the incident with a copy of the image
or material attached.
(2) A commercial computer technician who has knowledge of or observes,
within the scope of the technician’s professional capacity or employment, any
representation of information, data, or an image, including, but not limited
to, any computer hardware, computer software, computer file, computer
floppy disk, data storage medium, CD-ROM, computer-generated equip-
ment, or computer-generated image that is retrievable in perceivable form
and that is intentionally saved, transmitted, or organized on an electronic
medium, depicting a child under 16 years of age engaged in an act of sexual
conduct, shall immediately, or as soon as practicably possible, telephonically
report the instance of reasonably suspected abuse to the law enforcement
agency located in the county in which the images or materials are seen. As
soon as practicably possible after receiving the information concerning the
incident, the reporter shall prepare and send, fax, or electronically transmit
a written followup report of the incident with a brief description of the
images or materials.
(3) For purposes of this article, “commercial computer technician” in-
cludes an employee designated by an employer to receive reports pursuant to
an established reporting process authorized by subparagraph (B) of para-
graph (43) of subdivision (a) of Section 11165.7.
(4) As used in this subdivision, “electronic medium” includes, but is not
limited to, a recording, CD-ROM, magnetic disk memory, magnetic tape
memory, CD, DVD, thumbdrive, or any other computer hardware or media.
(5) As used in this subdivision, “sexual conduct” means any of the
following:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-
genital, or oral-anal, whether between persons of the same or opposite sex
or between humans and animals.
(B) Penetration of the vagina or rectum by any object.
138
PENAL CODE § 11166
(C) Masturbation for the purpose of sexual stimulation of the viewer.
(D) Sadomasochistic abuse for the purpose of sexual stimulation of the
viewer.
(E) Exhibition of the genitals, pubic, or rectal areas of a person for the
purpose of sexual stimulation of the viewer.
(f) Any mandated reporter who knows or reasonably suspects that the home
or institution in which a child resides is unsuitable for the child because of
abuse or neglect of the child shall bring the condition to the attention of the
agency to which, and at the same time as, the mandated reporter makes a
report of the abuse or neglect pursuant to subdivision (a).
(g) Any other person who has knowledge of or observes a child whom the
person knows or reasonably suspects has been a victim of child abuse or
neglect may report the known or suspected instance of child abuse or neglect
to an agency specified in Section 11165.9. For purposes of this section, “any
other person” includes a mandated reporter who acts in the person’s private
capacity and not in the person’s professional capacity or within the scope of the
person’s employment.
(h) When two or more persons, who are required to report, jointly have
knowledge of a known or reasonably suspected instance of child abuse or
neglect, and when there is agreement among them, the telephone report may
be made by a member of the team selected by mutual agreement and a single
report may be made and signed by the selected member of the reporting team.
Any member who has knowledge that the member designated to report has
failed to do so shall thereafter make the report.
(i)(1) The reporting duties under this section are individual, and no super-
visor or administrator may impede or inhibit the reporting duties, and no
person making a report shall be subject to any sanction for making the
report. However, internal procedures to facilitate reporting and apprise
supervisors and administrators of reports may be established provided that
they are not inconsistent with this article. An internal policy shall not direct
an employee to allow the employee’s supervisor to file or process a mandated
report under any circumstances.
(2) The internal procedures shall not require any employee required to
make reports pursuant to this article to disclose the employee’s identity to
the employer.
(3) Reporting the information regarding knowledge of or reasonably
suspected child abuse or neglect to an employer, supervisor, school principal,
school counselor, coworker, or other person shall not be a substitute for
making a mandated report to an agency specified in Section 11165.9.
(j)(1) A county probation or welfare department shall immediately, or as
soon as practicably possible, report by telephone, fax, or electronic transmis-
sion to the law enforcement agency having jurisdiction over the case, to the
agency given the responsibility for investigation of cases under Section 300
of the Welfare and Institutions Code, and to the district attorney’s office
every known or reasonably suspected instance of child abuse or neglect, as
defined in Section 11165.6, except acts or omissions coming within subdivi-
sion (b) of Section 11165.2, or reports made pursuant to Section 11165.13
based on risk to a child that relates solely to the inability of the parent to
provide the child with regular care due to the parent’s substance abuse,
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§ 11166 PENAL CODE
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which shall be reported only to the county welfare or probation department.
A county probation or welfare department also shall send by fax or electronic
transmission a written report thereof within 36 hours of receiving the
information concerning the incident to any agency to which it makes a
telephone report under this subdivision.
(2) A county probation or welfare department shall immediately, and in no
case in more than 24 hours, report to the law enforcement agency having
jurisdiction over the case after receiving information that a child or youth
who is receiving child welfare services has been identified as the victim of
commercial sexual exploitation, as defined in subdivision (d) of Section
11165.1.
(3) When a child or youth who is receiving child welfare services and who
is reasonably believed to be the victim of, or is at risk of being the victim of,
commercial sexual exploitation, as defined in Section 11165.1, is missing or
has been abducted, the county probation or welfare department shall
immediately, or in no case later than 24 hours from receipt of the informa-
tion, report the incident to the appropriate law enforcement authority for
entry into the National Crime Information Center database of the Federal
Bureau of Investigation and to the National Center for Missing and
Exploited Children.
(k) A law enforcement agency shall immediately, or as soon as practicably
possible, report by telephone, fax, or electronic transmission to the agency
given responsibility for investigation of cases under Section 300 of the Welfare
and Institutions Code and to the district attorney’s office every known or
reasonably suspected instance of child abuse or neglect reported to it, except
acts or omissions coming within subdivision (b) of Section 11165.2, which shall
be reported only to the county welfare or probation department. A law
enforcement agency shall report to the county welfare or probation department
every known or reasonably suspected instance of child abuse or neglect
reported to it that is alleged to have occurred as a result of the action of a
person responsible for the child’s welfare, or as the result of the failure of a
person responsible for the child’s welfare to adequately protect the minor from
abuse when the person responsible for the child’s welfare knew or reasonably
should have known that the minor was in danger of abuse. A law enforcement
agency also shall send by fax or electronic transmission a written report
thereof within 36 hours of receiving the information concerning the incident to
any agency to which it makes a telephone report under this subdivision.
HISTORY:
Added Stats 1980 ch 1071 § 4. Amended Stats 1981 ch 435 § 2, effective September 12, 1981; Stats
1982 ch 905 § 2; Stats 1984 ch 1423 § 9, effective September 26, 1984; Stats 1986 ch 1289 § 2; Stats
1987 ch 1459 § 20; Stats 1988 ch 269 § 1, ch 1580 § 2; Stats 1990 ch 1603 § 3 (SB 2669), operative July
1, 1991; Stats 1992 ch 459 § 3 (SB 1695); Stats 1993 ch 510 § 1.5 (SB 665); Stats 1996 ch 1080 § 10
(AB 295), ch 1081 § 3.5 (AB 3354); Stats 2000 ch 916 § 16 (AB 1241); Stats 2001 ch 133 § 5 (AB 102),
effective July 31, 2001; Stats 2002 ch 936 § 2 (AB 299), effective September 27, 2002; Stats 2004 ch
823 § 17 (AB 20), ch 842 § 7.5 (SB 1313); Stats 2005 ch 42 § 1 (AB 299), ch 713 § 3 (AB 776), effective
January 1, 2006; Stats 2006 ch 701 § 3 (AB 525), effective January 1, 2007; Stats 2007 ch 393§3(AB
673), effective January 1, 2008; Stats 2010 ch 123 § 1 (AB 2380), effective January 1, 2011; Stats 2012
140
PENAL CODE § 11166
ch 517 § 2 (AB 1713), effective January 1, 2013, ch 521 § 2.5 (AB 1817), effective January 1, 2013 (ch
521 prevails), ch 728 § 131 (SB 71), effective January 1, 2013; Stats 2013 ch 76 § 165 (AB 383),
effective January 1, 2014; Stats 2015 ch 425 § 4 (SB 794), effective January 1, 2016; Stats 2016 ch 850
§ 5 (AB 1001), effective January 1, 2017; Stats 2019 ch 27 § 16 (SB 80), effective June 27, 2019; Stats
2022 ch 50 § 10 (SB 187), effective June 30, 2022; Stats 2022 ch 770 § 2 (AB 2085), effective January
1, 2023.
141
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___________________________
PROFESSIONAL & VOCATIONAL REGULATIONS
CALIFORNIA CODE OF
REGULATIONS
TITLE 16.
PROFESSIONAL AND VOCATIONAL
REGULATIONS
DIVISION 13.2.
PHYSICAL THERAPY BOARD OF CALIFORNIA
ARTICLE 1.
GENERAL PROVISIONS
§ 1398. Citation.
This regulation may be cited and referred to as “Physical Therapy
Regulations.’’
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2615, Busi-
ness and Professions Code.
HISTORY:
1.
Repealer of Subchapter 13.2 (Sections 1398-1399.73, not consecutive) and new Subchapter 13.2
(Sections 1398-1399.52, not consecutive) fi
led 5-20-77; effective thirtieth day thereafter (Register 77,
No. 21).
2.
Amendment of NOTE filed 4-16-79; effective thirtieth day thereafter (Register 79 No. 16).
3.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
4.
Change without regulatory effect amending division heading fi
led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
§ 1398.1. Location of Office.
The principal office of the Physical Therapy Board of California is located at
2005 Evergreen Street, Sacramento, California 95815.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2602, Busi-
ness and Professions Code.
HISTORY:
1. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
2. Amendment of section and Note fi led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
3. Change without regulatory effect amending section fi led 9-21-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 39).
§ 1398.3. Definitions.
Unless the context otherwise requires, for the purpose of the regulations
contained in this chapter,
(a) “Board’’ means the Physical Therapy Board of California;
(b) “Code’’ means the Business and Professions Code;
Regulations
143
§ 1398.4 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
(c) “The Physical Therapy Practice Act’’ consists of Chapter 5.7, of
Division 2, of the Business and Professions Code.
(d) “License’’ as used in these regulations includes a license issued by the
Board.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2601, Busi
ness and Professions Code.
-
HISTORY:
1.
Amendment filed 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Change without regulatory effect amending subsection (a), repealing subsection (b) and (c), and
renumbering subsections fi
led 9-11-97 pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 37).
3.
Amendment fi
led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
4.
Change without regulatory effect amending subsection (d) fi
led 9-21-2015 pursuant to section 100,
title 1, California Code of Regulations (Register 2015, No. 39).
5.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.4. Delegation of Functions.
Except for those powers reserved exclusively to the “agency itself’’ under the
Administrative Procedure Act (Section 11500 et seq. of the Government Code),
the board delegates and confers upon the executive officer of the board, or in
his or her absence, the assistant executive officer of the board or other designee
of the executive officer, all functions necessary to the dispatch of business of
the board in connection with investigative and administrative proceedings
under the jurisdiction of the board.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2607,
2607.5, 2608 and 2614, Business and Professions Code; and Sections 11500 and 11415.60, Govern-
ment Code.
HISTORY:
1.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Amendment fi
led 11-16-92; operative 12-16-92 (Register 92, No. 47).
3.
Change without regulatory effect amending section fi
led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4.
Amendment fi
led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
5.
Amendment of section and Note fi
led 7-17-2012; operative 8-16-2012 (Register 2012, No. 29).
6.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.6. Filing of Addresses.
(a) Address of Record. Every applicant and licensee shall provide an address
to the Physical Therapy Board of California (Board) that will be designated
as their address of record, which will be utilized for all official and formal
communications from the Board, and which will be disclosed to the public. An
applicant or a licensee need not provide a residence address as the address
of record, but may use an alternative address, such as a business address
or a P.O. Box, as their address of record. Every applicant and licensee shall
report any change of the address of record to the Board no later than thirty
(30) calendar days after the address change has occurred. The report of change
of address of record shall be in writing and contain the old address, the new
address, and the effective date of the change of address.
(b) Residence Address. Every applicant and licensee shall provide a
residence address to the Board. Only if the applicant or licensee also provides
an alternative address of record as described in subdivision (a) above shall the
Board maintain the residence address as confidential. Every applicant and
144
PHYSICAL THERAPY BOARD § 1398.10
licensee shall report any change of their residential address to the Board no
later than thirty (30) calendar days after the address change has occurred. The
report of change of residential address shall be in writing and contain the old
address, the new address, and the effective date of the change of address.
(c) Name Change. Every applicant and licensee shall report to the Board in
writing each and every change of name no later than thirty (30) calendar days
after each change has occurred, giving both the old and new names.
(d) E-mail Address. Every applicant and licensee shall file a current e-mail
address with the Board and shall notify the Board in writing of any and all
changes of the e-mail address no later than thirty (30) calendar days after the
change has occurred, giving both the old e-mail address and the new e-mail
address. E-mail addresses are confidential information and shall not be made
available to the public. This subdivision does not require an applicant or
licensee to obtain an e-mail address, it only requires that person report an
existing e-mail address to the Board.
(e) Licensee. For purposes of this section, “licensee’’ includes any holder
of an active, inactive, delinquent, suspended or expired license, certification
or other authorization issued by the Board to practice physical therapy or
electromyography which is not canceled or revoked.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 136,
2602.1, 2644 and 2680, Business and Professions Code; and Section 1798.61, Civil Code.
HISTORY:
1. Amendment of NOTE fi led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2. Amendments fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4. Repealer and new section and amendment of Note fi led 12-4-97; operative 1-3-98 (Register 97,
No. 49).
5. Amendment of section and Note fi led 10-28-2013; operative 1-1-2014 (Register 2013, No. 44).
6. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.10. Advertising.
A physical therapist may advertise the provision of any services authorized
to be provided by a physical therapy license. Such advertising shall be in a
manner authorized by Section 651 of the Code so long as such advertising does
not promote the excessive or unnecessary use of such services.
NOTE: Authority cited: Sections 651 and 2615, Business and Professions Code. Reference: Sections
651 and 2660, Business and Professions Code.
HISTORY:
1.
New section fi
led 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
§ 1398.11. Physical Therapy Aide, Applicant and Student
Identification.
Pursuant to Section 680 of the code, each supervising licensed physical
therapist shall require all physical therapy aides, applicants and students
performing patient related tasks under his or her supervision to display while
working his or her name and working title on a name tag in at least 18-point
type.
Regulations
145
§ 1398.12 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Sections 680 and 2615, Business and Professions Code. Reference: Section
680, Business and Professions Code.
HISTORY:
1.
New section fi
led 1-25-2001; operative 2-24-2001 (Register 2001, No. 4).
2.
Change without regulatory effect amending section heading and section fi
led 9-21-2015 pursuant
to section 100, title 1, California Code of Regulations (Register 2015, No. 39).
§ 1398.12. Related Health Sciences.
A physical therapy related health science for purposes of Code section 2633,
subdivision (b), includes the following: any neuroscience and any anatomical,
behavioral, biomedical, physiological, and movement sciences. These sciences
specifi
cally include, but are not limited to, biology, biomechanics, exercise
physiology, gerontology, human development, kinesiology, pathology,
pathomechanics, pharmacology and psychology.
NOTE: Authority cited: Sections 2615 and 2633, Business and Professions Code. Reference: Sections
2633 and 2650, Business and Professions Code.
HISTORY:
1.
New section filed 3-24-2009; operative 4-23-2009 (Register 2009, No. 13).
§ 1398.13. Patient Records.
(a) A physical therapist shall document and sign in the patient record the
following in accordance with subsection (c):
(1) Examination and re-examination
(2) Evaluation and reevaluation
(3) Diagnosis
(4) Prognosis and intervention
(5) Treatment plan and modifi
cation of the plan of care
(6) Each treatment provided by the physical therapist or a physical
therapy aide
(7) Discharge Summary
(b) The physical therapist assistant shall document and sign in the
patient record any treatment provided by that individual, in accordance with
subsection (c).
(c) With respect to any care provided to the patient, the patient record shall
indicate:
(1) The date and nature of the service provided and
(2) The name and title of any individual who provided such service,
including the individual’s role in that service. As used in this section, the
term “service’’ does not include “non-patient related tasks’’ as defi ned in
section 1399.
(d) The physical therapist shall ensure compliance with subsection (c).
(e) The requirements of this section are in addition to the requirements of
the following sections:
(1) 1398.37(d) [relating to physical therapist students],
(2) 1398.44(e)(1) [relating to physical therapist assistants]
(3) 1398.52(d) [relating to physical therapist assistant students]
(4) 1399.10 [relating to physical therapist license applicants]; and
(5) 1399.12 [relating to physical therapist assistant license applicants].
(f) Electronic signatures are suffi
cient for purposes of this section.
146
PHYSICAL THERAPY BOARD § 1398.21
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.7,
Business and Professions Code.
HISTORY:
1. Renumbering and amendment of former section 1399.85 to new section 1398.13 fi led 6-14-2011;
operative 7-14-2011 (Register 2011, No. 24).
2.
Change without regulatory effect amending subsection (e)(1) fi
led 9-21-2015 pursuant to sec
tion 100, title 1, California Code of Regulations (Register 2015, No. 39).
-
§ 1398.15. Notice to Consumers.
(a) A licensed physical therapist engaged in the practice of physical therapy
shall provide Form NTC 12-01, August 2, 2012, to each patient.
(b) The notice required by this section shall be provided by at least one of
the following methods:
(1) Prominently posting Form NTC 12-01, August 2, 2012, in an area
visible to patients on the premises where the licensee provides the licensed
services; or,
(2) Providing the patient or the patient’s representative with a copy of
Form NTC-1201, August 2, 2012. An acknowledgement, signed and dated
by the patient or the patient’s representative, shall be retained in that
patient’s medical records demonstrating receipt.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 138 and
2602.1, Business and Professions Code.
HISTORY:
1. New section fi led 7-24-2013; operative 10-1-2013 (Register 2013, No. 30).
2. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 2.
APPLICATIONS AND EXAMINATIONS
§ 1398.20. Place of Filing.
Completed applications for all licenses and certifications shall be filed in the
office of the board in Sacramento.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2634,
2635, 2636.5, 2638, 2639, 2639.1 and 2653, Business and Professions Code.
HISTORY:
1. Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27.)
2. Amendment fi led 5-15-91; operative 6-14-91 (Register 91, No. 26).
3. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4.
Amendment of section heading and section fi
led 3-8-2000; operative 4-7-2000 (Register 2000,
No. 10).
5.
Amendment fi
led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
6.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.21. Abandonment of Applications.
An application shall be denied without prejudice when, in the discretion
of the board, an applicant does not exercise due diligence in the completion
of his or her application, in furnishing additional information or documents
requested in or in the payment of any required fees.
Regulations
147
§ 1398.21.1 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2602,
2634, 2635, 2636.5, 2639 and 2639.1, Business and Professions Code.
HISTORY:
1. New section fi led 3-20-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
3. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.21.1. Failure to Pass the Examination.
An application for licensure shall be deemed denied without prejudice when
an applicant fails to pass the examination within one year from the date of
the original notice to appear for the examination. To reapply, the applicant
is then required to file a new application for licensure, to pay the application
fee specified in Section 1399.50(a), 1399.50(b) or 1399.52(a) and 1399.52(b) as
applicable, and to comply with all laws and regulations in effect at the time
of filing. In addition the applicant is required to apply for reexamination and
to pay the applicable reexamination fee pursuant to Business and Professions
Code Section 2688.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2605,
2634, 2635, 2636, 2638 and 2639, Business and Professions Code.
HISTORY:
1. New section fi led 11-20-95; operative 12-20-95 (Register 95, No. 47).
2. Amendment fi led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
3. Change without regulatory effect amending section and Note fi led 7-6-2017 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2017, No. 27).
§ 1398.23. Failure to Pay Initial License Fee.
An application shall be deemed to have been abandoned and any examination
taken not passed if an applicant fails to pay the initial license fee within five
years after notification by the board. An applicant whose application has been
deemed abandoned may again be eligible for licensure upon re-examination
and the filing of an updated application with the current application fee.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2688, Busi
ness and Professions Code.
-
HISTORY:
1. New section fi led 3-20-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.25. Credentials Evaluation Services.
In accordance with Section 2653 of the code, the board will accept reports
from credentials evaluation services which meet all of the following criteria:
(a) The service retains the services of a physical therapist consultant(s) who
is licensed as a physical therapist in a state or territory of the United States
and is used in an advisory capacity to review individual cases for comparability
to the educational and training requirements of Section 2650 of the code for
hours and content.
148
PHYSICAL THERAPY BOARD § 1398.26
(b) The service is able to document the experience of its employees by
producing positive letters of reference from other state licensing agencies,
educational institutions or professional organizations.
(c) The service is able to submit a report to the board that shall be based
on a review of original documentation of an applicant’s credentials and shall
document the following:
(1) The equivalent professional degree the foreign applicant would have
received from an accredited physical therapist education program located
in the United States.
(2) Whether completion of the foreign applicant’s physical therapist
education and training entitles the foreign applicant to practice as a physical
therapist in the country where the education and training was completed.
(3) Whether the foreign applicant demonstrated English profi ciency in
accordance with section 1398.26.3.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2650,
2651 and 2653, Business and Professions Code.
HISTORY:
1.
New section fi
led 8-22-77; effective thirtieth day thereafter (Register 77, No. 35).
2.
Repealer fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
New section fi
led 8-31-84; effective thirtieth day thereafter (Register 84, No. 35).
4.
New subsections (c)-(c)(2) fi
led 9-9-94; operative 10-10-94 (Register 94, No. 36).
5.
Change without regulatory effect amending fi
rst paragraph and subsection (c) fi
led 9-11-97 pursu-
ant to section 100, title 1, California Code of Regulations (Register 97, No. 37).
6.
New subsection (c)(3) and amendment of Note fi
led 5-8-2017; operative 7-1-2017 (Register 2017,
No. 19).
§ 1398.26. Applications of Foreign Educated Graduates.
(a) Persons applying under Section 2653 of the code shall cause to be
submitted to an evaluation service, which meets the Board’s requirements in
section 1398.25, a complete transcript of the resident course of professional
instruction completed which has been authenticated by the proper official
of the physical therapist education program, and submitted directly by the
physical therapist education program to the evaluation service. Credentials
submitted in a language other than English shall be accompanied by an
original translation certified by a qualified translator other than the applicant.
(b) Where because of circumstances beyond his or her control an applicant
is unable to furnish any of the credentials required under subsection (a)
above, the board may in its discretion accept other documents which it deems
sufficient to establish the applicant’s eligibility.
NOTE: Authority cited: Sections 2615 and 2653, Business and Professions Code. Reference: Section
2653, Business and Professions Code.
HISTORY:
1.
Amendment of subsection (g) fi
led 5-10-78; effective thirtieth day thereafter (Register 78, No. 19).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Renumbering of former Section 1398.24 to Section 1398.26 fi
led 9-8-83; effective thirtieth day
thereafter (Register 83, No. 37).
4.
Change without regulatory effect amending section fi
led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
5.
Amendment of section heading and section fi
led 3-8-2000; operative 4-7-2000 (Register 2000,
No. 10).
6.
Repealer of subsections (c)-(d) fi
led 12-9-2004; operative 1-8-2005 (Register 2004, No. 50).
Regulations
149
§ 1398.26.1 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1398.26.1. Satisfactory Documentary Evidence of Equivalent
Degree for Licensure as a Physical Therapist or Physical Therapist
Assistant.
This section is only applicable to those applicants who are graduates of non-
accredited physical therapy educational programs and applying for licensure
on or after the effective date of this regulation. For the purposes of determining
educational equivalency, the credential evaluation services will evaluate
foreign educational credentials based on the corresponding Federation of
State Boards of Physical Therapy’s Coursework Evaluation Tool For Foreign
Educated Physical Therapists (CWT) or, if applying for physical therapist
assistant license, the Coursework Tool For Foreign Educated Physical
Therapist Assistants (PTA Tool 2007). For the purpose of this regulation, the
six following publications are incorporated by reference: (1) FSBPT Coursework
Tool For Foreign Educated Physical Therapists Who Graduated before 1978 —
CWT 1 (2004), (2) FSBPT Coursework Tool For Foreign Educated Physical
Therapists Who Graduated From 1978 to 1991 — CWT 2 (2004), (3) FSBPT
Coursework Tool For Foreign Educated Physical Therapists Who Graduated
From 1992 to 1997 — CWT 3 (2004), (4) FSBPT Coursework Tool For Foreign
Educated Physical Therapists Who Graduated From 1998 to June 30, 2009
— CWT 4 (2004), (5) FSBPT Coursework Tool For Foreign Educated Physical
Therapists Who Graduated after June 30, 2009 —CWT 5 (2004) (Rev. 2009-
07), (6) Coursework Tool For Foreign Educated Physical Therapist Assistants
— PTA Tool 2007 (2004).
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2650 and
2653, Business and Professions Code.
HISTORY:
1.
New section fi
led 7-5-2005; operative 8-4-2005 (Register 2005, No. 27).
2.
Amendment of section heading and section fi
led 9-29-2011; operative 10-29-2011 (Register 2011,
No. 39).
§ 1398.26.3. English Proficiency.
In accordance with Section 2653 of the code, an applicant who graduated
from a physical therapist education program that is not approved by the board
and is not located in the United States must demonstrate English proficiency
by achieving the following minimum scores within a single administration of
the Test of English as a Foreign Language (TOEFL):
(1) Reading Section — 22
(2) Listening Section — 21
(3) Writing Section — 22
(4) Speaking Section — 24.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2653, Busi-
ness and Professions Code.
HISTORY:
1. New section fi led 5-8-2017; operative 7-1-2017 (Register 2017, No. 19).
§ 1398.26.5. Clinical Service Requirements for Foreign Educated
Applicants.
(a) The period of clinical service required by Section 2653 of the Code shall
be certified by at least one supervising physical therapist (the supervising
physical therapist is the Center Coordinator of Clinical Education and/or the
150
PHYSICAL THERAPY BOARD § 1398.28
Clinical Instructor) licensed by the board, or by a physical therapy licensing
authority in another jurisdiction which is accepted by the board.
(b) For the purposes of this regulation, supervision means the supervising
physical therapist must be onsite in the same facility and available to the
physical therapist license applicant to provide assistance with any patient
care.
(c) Effective January 1, 2008, the center coordinator of clinical education
(CCCE) must be an American Physical Therapy Association (APTA) certified
clinical instructor. Effective January 1, 2010, all clinical instructors must be
APTA certified.
(d) The certification shall be submitted in a report to the board and shall
document the supervising physical therapist’s determination that the physical
therapist license applicant possesses the skills necessary to perform any
physical therapy evaluation or any physical therapy procedure of patient care
within the California healthcare system. The supervising physical therapist’s
evaluation of the physical therapist license applicant shall be prepared
utilizing the Physical Therapist Clinical Performance Instrument issued by the
American Physical Therapy Association in December of 1997. The certification
shall include two elevations of the physical therapist license applicant’s skills.
One evaluation shall determine the skill level mid-way through the period of
clinical service and the other evaluation shall determine the skill level at the
end of the clinical service. Both evaluations shall be reported at the end of the
period of clinical service.
(e) Three (3) months of the required nine (9) months of clinical service
shall be waived by the board if the physical therapist license applicant
successfully completes a course in Law and Professional Ethics as offered by
a post-secondary educational institution or by successfully completing four (4)
continuing education units in Ethics offered by a continuing education provider
recognized by a California healthcare board.
(f) One (1) month of clinical service shall be waived for each month of
licensed clinical practice in another state up to the required total of nine (9)
months.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2650 and
2653, Business and Professions Code.
HISTORY:
1. New section fi led 12-9-2004; operative 1-8-2005 (Register 2004, No. 50).
2. Change without regulatory effect amending subsections (b), (d) and (e) fi led 9-21-2015 pursuant to
section 100, title 1, California Code of Regulations (Register 2015, No. 39).
§ 1398.28. Written Examination.
(a) The uniform examination utilized by the board for the licensure of
physical therapists is the Federation of State Boards of Physical Therapy’s
examination for physical therapists.
(b) The uniform examination utilized by the board for the licensure of
physical therapist assistants is the Federation of State Boards of Physical
Therapy’s examination for physical therapist assistants.
Regulations
151
§ 1398.30 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Sections 851 and 2615, Business and Professions Code. Reference: Sections
851, 2605 and 2636, Business and Professions Code.
HISTORY:
1. Amendment fi led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2. Repealer of subsection (c) fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Amendment of subsections (a) and (b) fi led 4-20-90; operative 5-20-90 (Register 90, No. 21).
4. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
5. Amendment fi led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
6. Amendment of subsection (b) fi led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
7. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 3.
PHYSICAL THERAPY SCHOOLS
§ 1398.30. Approved Physical Therapist Educational Programs.
(a) Only those educational programs which meet the requirements set forth
in Section 1398.31 shall be approved by the board for professional education
in physical therapy. The executive officer shall maintain on file at the board’s
Sacramento office a list of approved education programs.
(b) If, at the time of graduation, the physical therapy educational program
from which the applicant for licensure graduated was an approved program
as set forth in Section 1398.31, the applicant’s educational program shall be
considered to satisfy the requirements of Section 1398.30(a).
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2635,
2650 and 2651, Business and Professions Code.
HISTORY:
1. Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2. Change without regulatory effect amending section fi led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
3. Amendment of section heading and section fi led 3-8-2000; operative 4-7-2000 (Register 2000,
No. 10).
4. Amendment of section heading and section fi led 4-14-2005; operative 5-14-2005 (Register 2005,
No. 15).
§ 1398.31. Criteria for Approval of Physical Therapy Schools.
(a) Physical therapy educational programs shall be established in post-
secondary educational institutions accredited by a national association or
agency recognized by the Council on Post-Secondary Accreditation and/or the
U.S. Department of Education.
(b) The physical therapy educational program shall be accredited by
the agency or organization recognized by the Council on Post-Secondary
Accreditation or the U.S. Department of Education.
(c) Teaching programs of not less than 1400 hours duration also may be
established in hospitals for students whose preliminary education meets
the requirements of Section 2650 of the code, providing the physical therapy
education program is accredited as set forth in subsection (b).
(d) Nothing in this section shall be construed to prevent the board from
approving a school or training program which is not approved or from not
approving a school or training program which is approved by one of the above-
mentioned entities.
152
PHYSICAL THERAPY BOARD § 1398.38
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2635,
2650 and 2651, Business and Professions Code.
HISTORY:
1. Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2. Change without regulatory effect amending subsection (d) fi led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
3. Change without regulatory effect amending subsections (a) and (b) fi led 9-21-2015 pursuant to
section 100, title 1, California Code of Regulations (Register 2015, No. 39).
§ 1398.37. Identification and Supervision of Physical Therapist
Students Defined.
(a) When rendering physical therapy services as part of academic training,
a physical therapy student shall only be identified as a “physical therapist
student.’’ When rendering physical therapy services, the required identification
shall be clearly visible and include his or her name and working title in at least
18-point type.
(b) The “clinical instructor’’ or the “supervisor’’ shall be the physical
therapist supervising the physical therapist student while practicing physical
therapy.
(c) The supervising physical therapist shall provide on-site supervision of
the assigned patient care rendered by the physical therapist student.
(d) The physical therapist student shall document each treatment in the
patient record, along with his or her signature. The clinical instructor or
supervising physical therapist shall countersign with his or her first initial and
last name all entries in the patient’s record on the same day as patient related
tasks were provided by the physical therapist student.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2633.7,
Business and Professions Code.
HISTORY:
1. New section fi led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2. Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Amendment of section heading, section and Note fi led 12-23-2002; operative 1-22-2003 (Regis-
ter 2002, No. 52).
4. Change without regulatory effect amending section heading, section and Note fi led 9-21-2015 pur-
suant to section 100, title 1, California Code of Regulations (Register 2015, No. 39).
5.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.38. Criteria for Approval of Physical Therapy Facilities to
Supervise the Clinical Service of Foreign Educated Applicants.
Pursuant to Section 2653 of the code in order to be approved as a facility in
which a foreign educated applicant may complete a period of clinical service,
each physical therapy facility shall complete a form entitled Clinical Site
Information Form (CSIF), as developed by the American Physical Therapy
Association and revised on 11-01-99, hereby incorporated by reference, certifying
that the facility has the staffing, clinical experiences, and clinical instruction to
provide physical therapy clinical experience for the foreign educated physical
therapist applicant for licensure. The CSIF shall be submitted to the Board
accompanied by the Board’s Notice of Intent to Supervise a Foreign Educated
Physical Therapist’’, form F1B, revised January 2005, hereby incorporated by
reference. For each foreign educated applicant, both forms shall be complete
and signed in order for the physical therapy facility to be approved by the
Board.
Regulations
153
§ 1398.44 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2650 and
2653, Business and Professions Code.
HISTORY:
1.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Amendment of section heading and first paragraph fi
led 3-8-2000; operative 4-7-2000 (Regis-
ter 2000, No. 10).
3.
Amendment of section heading, fi
rst paragraph and subsection (d) fi
led 9-18-2000; operative 10-
18-2000 (Register 2000, No. 38).
4.
Amendment fi
led 4-21-2005; operative 5-21-2005 (Register 2005, No. 16)
ARTICLE 4.
PHYSICAL THERAPIST ASSISTANT
§ 1398.44. Adequate Supervision Defined.
(a) “Adequate supervision’’ of a physical therapist assistant shall mean
supervision that complies with this section. A physical therapist shall at all
times be responsible for all physical therapy services provided by the physical
therapist assistant and shall ensure that the physical therapist assistant
does not function autonomously. The physical therapist has a continuing
responsibility to follow the progress of each patient, and is responsible for
determining which elements of a treatment plan may be assigned to a physical
therapist assistant.
(b) A physical therapist who performs the initial evaluation of a patient
shall be the physical therapist of record for that patient. The physical therapist
of record shall remain as such until a reassignment of that patient to another
physical therapist of record has occurred. The physical therapist of record shall
ensure that a written system of transfer to the succeeding physical therapist
exists.
(c) The physical therapist of record shall provide supervision and direction
to the physical therapist assistant in the treatment of patients to whom the
physical therapist assistant is providing care. The physical therapist assistant
shall be able to identify, and communicate with, the physical therapist of
record at all times during the treatment of a patient.
(d) A physical therapist assistant shall not:
(1) Perform measurement, data collection or care prior to the evaluation
of the patient by the physical therapist
(2) Document patient evaluation and reevaluation
(3) Write a discharge summary
(4) Establish or change a plan of care
(5) Write progress reports to another health care professional, as
distinguished from daily chart notes
(6) Be the sole physical therapy representative in any meeting with other
health care professionals where the patient’s plan of care is assessed or may
be modified.
(7) Supervise a physical therapy aide performing patient-related tasks
(8) Provide treatment if the physical therapist assistant holds a
management position in the physical therapy business where the care is
being provided. For purposes of this section, “management position’’ shall
mean a position that has control or infl
uence over scheduling, hiring, or
firing.
154
PHYSICAL THERAPY BOARD § 1398.47
The prohibitions in subsection (d) above shall not prohibit a physical
therapist assistant from collecting and documenting data, administering
standard tests, or taking measurements related to patient status.
(e) The physical therapist assistant shall notify the physical therapist of
record, document in the patient record any change in the patient’s condition
not within the planned progress or treatment goals, and any change in the
patient’s general condition.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2622 and
2630.3, Business and Professions Code.
HISTORY:
1.
Repealer of subsection (f) fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Amendment of section and Note fi
led 9-18-96; operative 9-18-96 pursuant to Government Code
section 11343.4(d) (Register 96, No. 38).
3.
Repealer and new section fi
led 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
4.
Change without regulatory effect amending subsection (e) and repealing subsection (e)(1)
fi
led 9-21-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 39).
5.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.47. Equivalent Training or Experience.
(a) Training and experience considered equivalent to that obtained in an
approved physical therapist assistant school shall be acquired in one of the
following ways:
(1) Military training, consisting of satisfactory completion of a basic
hospital corps member course and of a formal physical therapist assistant
course that includes a minimum of 550 hours of technical courses relating
to physical therapy, and 350 hours of supervised clinical experience. In
addition, the applicant shall complete the general education requirements
described in subsection (c).
(2) A combination of training and 36 months of full-time work
experience in physical therapy described in subsection (b). Training shall
consist of satisfactory completion of 30 semester units or 40 quarter
units of instruction in a variety of the following technical areas: Human
anatomy and physiology, including laboratory experience; kinesiology and
topographical anatomy; first-aid; basic principles of electromagnetism,
mechanics and thermodynamics, biomechanics, and massage; application
of therapeutic exercise and modalities for the physically disabled; survey
of pathophysiological conditions resulting from injury or disease; ethics;
and laws relating to physical therapy. In addition, the applicant shall
complete the general education requirements described in subsection (c).
The applicant shall have obtained a grade of “c’’ or better in all technical
coursework to be accepted for licensure as a physical therapist assistant.
Eighteen (18) months of the work experience shall be in providing patient
related tasks under the orders, direction and immediate supervision of a
physical therapist in an acute care inpatient facility.
(3) Successful completion of professional education described in section
2650 of the code.
(b) Work experience used to satisfy subsection (a)(2) shall be obtained
under the orders, direction and immediate supervision of (1) a physical
therapist licensed by the board, (2) a physical therapist employed by the
United States Government, or (3) an out-of-state licensed physical therapist
who has qualifications equivalent to a physical therapist licensed by the
board, and shall consist of assisting the supervising physical therapist in the
treatment of patients of both sexes, varying ages and disabilities. Full-time
Regulations
155
§ 1398.50 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
work experience shall be credited on the basis of a compensated 40-hour work
week, allowing for the usual and customary periods of absence. Work credit
shall be given for part-time employment. The work experience shall have been
obtained within ten years of the date the application for licensure is fi led with
the board, provided that, one-half of the experience has been obtained within
five years of the application.
(c) General education requirements shall consist of satisfactory completion
of 15 semester units or 20 quarter units, including at least one course in each
of the following areas:
(1) Natural Sciences.
(2) Social or Behavioral Sciences.
(3) Humanities.
(4) English, Speech, or Mathematics.
(5) English Composition which meets the Associate or Baccalaureate
degree requirement of the college at which the course is taken. The applicant
shall have obtained a grade of “c’’ or better in English Composition to be
accepted for licensure as a physical therapist assistant.
(d) Proof of completion of the general education courses in subsection (c)
and of the technical courses in subsection (a)(2) shall be submitted on an
official transcript. The courses may be taken at any post-secondary institution
that is accredited by an agency recognized by the Council for Higher Education
Accreditation or the U.S. Department of Education. Credit will be given
for academic units granted by the educational institution for equivalent
experience or education as well as for the results of equivalency or proficiency
examination.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2639.1,
Business and Professions Code.
HISTORY:
1.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Amendment of subsection (a) fi
led 5-15-91; operative 6-14-91 (Register 91, No. 26).
3.
Editorial correction of printing error in subsection (c)(4) (Register 91, No. 26).
4.
Amendment of subsections (a)(1)-(a)(3) and (b) fi
led 10-21-94; operative 11-21-94 (Register 94,
No. 42).
5.
Change without regulatory effect amending subsection (b) fi
led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
6.
Amendment fi
led 1-24-2001; operative 2-23-2001 (Register 2001, No. 4).
7.
Amendment of subsections (a)(2), (b) and (c)(5) and amendment of Note fi
led 12-19-2002; opera-
tive 1-18-2003 (Register 2002, No. 51).
8.
Change without regulatory effect repealing subsection (a)(3), renumbering subsections and
amending subsection (b) fi
led 9-21-2015 pursuant to section 100, title 1, California Code of Regula-
tions (Register 2015, No. 39).
9.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 5.
PHYSICAL THERAPIST ASSISTANT SCHOOLS
§ 1398.50. Approved Physical Therapist Assistant Education
Programs.
Those education programs which meet the requirements of Section 1398.51
shall be approved by the board for the training of physical therapist assistants.
The executive officer shall maintain on file at the board’s office a list of approved
education programs.
156
PHYSICAL THERAPY BOARD § 1398.52
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2651, Busi
ness and Professions Code.
-
HISTORY:
1.
Repealer of Article 5 (Sections 1398.50-1398.54) and new Article 5 (Sections 1398.50 and 1398.51)
fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
2.
Change without regulatory effect amending section fi
led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
3.
Amendment of section heading, section and Note fi
led 3-8-2000; operative 4-7-2000 (Register 2000,
No. 10).
4.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.51. Criteria for Approval of Physical Therapist Assistant
Schools.
(a) Physical therapist assistant training programs shall be established in
post-secondary educational institutions accredited by a regional association
recognized by the U.S. Department of Education or the Council on Post-
Secondary Accreditation.
(b) The physical therapist assistant training program shall be accredited by
the appropriate agency or organization recognized by the U.S. Department of
Education or the Council on Post-Secondary Accreditation.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2651, Busi
ness and Professions Code.
-
HISTORY:
1.
Change without regulatory effect amending Note filed 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1398.52. Identification and Supervision of Physical Therapist
Assistant Students Defined.
(a) A physical therapist assistant student is an unlicensed person
rendering physical therapy services as part of academic training pursuant to
section 2650.1 of the Code and shall only be identified as a “physical therapist
assistant student.’’ When rendering physical therapy services, the required
identification shall be clearly visible and include his or her name and working
title in at least 18-point type.
(b) The physical therapist assistant student shall be supervised by a physical
therapist supervisor. A physical therapist assistant under the supervision of
a physical therapist supervisor may perform as a clinical instructor of the
physical therapist assistant student when rendering physical therapy services.
(c) A physical therapist supervisor shall provide on-site supervision of the
assigned patient care rendered by the physical therapist assistant student.
(d) The physical therapist assistant student shall document each treatment
in the patient record, along with his or her signature. The clinical instructor
shall countersign with his or her first initial and last name in the patient’s
record on the same day as patient related tasks were provided by the physical
therapist assistant student. The supervising physical therapist shall conduct a
weekly case conference and document it in the patient record.
Regulations
157
§ 1399 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2633.7,
Business and Professions Code.
HISTORY:
1.
New section fi
led 12-23-2002; operative 1-22-2003 (Register 2002, No. 52).
2.
Change without regulatory effect amending section heading, section and Note fi
led 9-21-2015 pur-
suant to section 100, title 1, California Code of Regulations (Register 2015, No. 39).
3.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 6.
PHYSICAL THERAPY AIDES
§ 1399. Requirements for Use of Aides.
(a) A physical therapy aide is an unlicensed person who may be utilized by
a physical therapist in his or her practice by performing non-patient related
tasks, or by performing patient related tasks.
(b) Prior to the aide providing patient related care, a physical therapist
shall evaluate and document, the aide’s competency level for performing the
patient related task that the aide will provide in that setting. The record of
competencies shall be made available to the board or any physical therapist
utilizing that aide upon request.
(c) As used in these regulations:
(1) A “patient related task’’ means a physical therapy service rendered
directly to the patient by an aide, excluding non-patient related tasks as
defi ned below.
(2) A “non-patient related task’’ means a task related to observation
of the patient, transport of patients, physical support only during gait or
transfer, housekeeping duties, clerical duties and similar functions.
(3) “Under the orders, direction and immediate supervision’’ means:
(A) Prior to the initiation of care, the physical therapist shall evaluate
every patient prior to the performance of any patient related tasks by the
aide.
(B) The physical therapist shall formulate and record in the patient’s
record a treatment program based upon the evaluation and any other
information available to the physical therapist, and shall determine
those patient related tasks which may be assigned to an aide.
(C) The physical therapist shall assign only those patient related
tasks that can be safely and effectively performed by the aide. The
physical therapist shall be responsible at all times for the conduct of
the aide while the aide is performing “patient related tasks’’ and “non-
patient related tasks’’ as defi
ned in this section.
(D) The physical therapist shall provide continuous and immediate
supervision of the aide. The physical therapist shall be in the same
facility as the aide and in immediate proximity to the location where the
aide is performing patient related tasks. The physical therapist shall be
readily available at all times to provide immediate advice, instruction
or intervention in the care of the patient. When patient related tasks
are provided to a patient by an aide the physical therapist shall at some
point during the treatment day provide direct service to the patient as
treatment for the patient’s condition or to further evaluate and monitor
the patient’s progress.
158
PHYSICAL THERAPY BOARD § 1399.10
(E) The physical therapist shall perform periodic re-evaluation of the
patient as necessary and make adjustments in the patient’s treatment
program. The re-evaluation shall be documented in the patient’s record.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2630.4,
Business and Professions Code.
HISTORY:
1.
Amendment of subsection (b) fi
led 3-20-78; effective thirtieth day thereafter (Register 78, No. 12).
2.
Amendment fi
led 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
3.
Amendment of subsections (b)(1), (b)(2), (b)(4) and (b)(5) and new subsection (b)(6) fi led 10-21-94;
operative 11-21-94 (Register 94, No. 42).
4.
Amendment fi
led 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
5.
Change without regulatory effect amending Note fi
led 9-21-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 39).
6.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 7.
PRACTICE BY APPLICANTS
§ 1399.10. Supervision of Physical Therapist License Applicants.
Pursuant to Section 2639 of the code, a physical therapist license applicant
whose application for licensure has been filed and reviewed by the board may
perform as a physical therapist if he or she is under the direct and immediate
supervision of a physical therapist licensed by the board. “Direct and immediate
supervision’’ means a supervisor shall at all times be responsible for and
provide adequate supervision of the work performed by the physical therapist
license applicant and shall be in close proximity to the location where the
physical therapist license applicant is rendering physical therapy treatment.
The physical therapist license applicant shall document each treatment in
the patient record, along with his or her signature. A supervising physical
therapist shall countersign with his or her first initial and last name in the
patient’s record on the same day as patient related tasks were provided by the
physical therapist license applicant.
A supervising physical therapist shall document receipt of the letter
authorizing physical therapist license applicant status and record the
expiration date of such status in the employee record. A supervising physical
therapist shall require the applicant to provide documentation of the license
issued at the conclusion of the physical therapist license applicant status. If
the applicant fails to pass the licensing examination all privileges to work as a
physical therapist license applicant shall terminate.
Authorizing the physical therapist license applicant to work after the
conclusion of physical therapist applicant status constitutes unprofessional
conduct.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2639, Busi
ness and Professions Code.
-
HISTORY:
1.
Amendment fi
led 3-20-78; effective thirtieth day thereafter (Register 78, No. 12).
2.
Amendment fi
led 10-19-83; effective thirtieth day thereafter (Register 83, No. 43).
3.
Change without regulatory effect amending section fi
led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4.
Amendment of section heading and section fi
led 3-8-2000; operative 4-7-2000 (Register 2000,
No. 10).
5.
Amendment fi
led 12-23-2002; operative 1-22-2003 (Register 2002, No. 52).
Regulations
159
§ 1399.12 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1399.12. Supervision of Physical Therapist Assistant License
Applicants.
Pursuant to Section 2639 of the code, a physical therapist assistant license
applicant whose application for license has been filed and reviewed by the board
may assist in the provision of physical therapy services if he or she is under the
direct and immediate supervision of a physical therapist licensed by the board.
“Direct and immediate” means a supervisor shall at all times be responsible for
and provide adequate supervision of the work performed by the applicant and
shall be in close proximity to the location where the applicant is assisting in
the provision of physical therapy treatment. The physical therapist assistant
license applicant shall document each treatment in the patient record, along
with his or her signature. A supervising physical therapist shall countersign
with his or her first initial and last name in the patient’s record on the same
day as patient related tasks were provided by the physical therapist assistant
license applicant. A supervising physical therapist will conduct a weekly case
conference and document it in the patient record.
A supervising physical therapist shall document receipt of the letter
authorizing physical therapist assistant license applicant status and record the
expiration date of such status in the employee record. A supervising physical
therapist shall require the applicant to provide documentation of the license
issued at the conclusion of the physical therapist assistant license applicant
status. If the applicant fails to pass the licensing examination all privileges to
work as a physical therapist assistant license applicant shall terminate.
Authorizing the physical therapist assistant license applicant to work
after the conclusion of physical therapist assistant license applicant status
constitutes unprofessional conduct.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2622, Busi
ness and Professions Code.
-
HISTORY:
1.
New section fi
led 3-20-78; effective thirtieth day thereafter (Register 78, No. 12).
2.
Amendment fi
led 10-19-83; effective thirtieth day thereafter (Register 83, No. 43).
3.
Change without regulatory effect amending section fi
led 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4.
Amendment of section heading and Note fi
led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
5.
Amendment of section and Note fi
led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
6.
Amendment of section heading, section and Note fi
led 12-23-2002; operative 1-22-2003 (Regis-
ter 2002, No. 52).
7.
Change without regulatory effect amending Note fi
led 9-21-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 39).
8.
Change without regulatory effect amending first paragraph fi
led 4-13-2022 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2022, No. 15).
ARTICLE 8.
ENFORCEMENT ACTIONS, DISCIPLINE AND
REINSTATEMENT OF LICENSE
§ 1399.15. Guidelines for Issuing Citations and Imposing Discipline.
(a) In reaching a decision on a disciplinary action under the Administrative
Procedure Act (Government Code Section 11400 et seq.), the Board shall
consider the “Guidelines for Issuing Citations and Imposing Discipline”,
(Revised April, 2022, 7&su;th&esu; Edition; hereafter, “Guidelines”) which
are hereby incorporated by reference. Subject to paragraph (c), deviation from
160
PHYSICAL THERAPY BOARD § 1399.15
these guidelines and orders, including the standard terms of probation, is
appropriate where the Board, in its sole discretion, determines that the facts
warrant such a deviation—for example: The presence of mitigating or
aggravating factors; the age of the case; evidentiary problems.
(b) Notwithstanding the Guidelines, any proposed decision issued in
accordance with the procedures set forth in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that
contains any finding of fact that the licensee engaged in any act of sexual
contact, as defined in subdivision (c) of Section 729 of the Code, with a patient,
or any finding that the licensee has committed a sex offense or been convicted
of a sex offense, shall contain an order revoking the license. The proposed
decision shall not contain an order staying the revocation of the license.
As used in this section, the term “sex offense” shall mean any of the following:
(1) Any offense for which registration is required by Section 290 of the
Penal Code or a finding that a person committed such an offense.
(2) Any offense defined in Sections 261.5, 313.1, 647, subdivisions (a) or
(d), or 647(b) of the Penal Code or a finding that a person committed such
an offense.
(3) Any attempt to commit any of the offenses specified in this section.
(4) Any offense committed or attempted in any other state or against the
laws of the United States which, if committed or attempted in this state,
would be punishable as one or more of the offenses specified in this section.
(c) If the conduct found to be a violation involves drugs, alcohol, or both,
and the individual is permitted to practice under conditions of probation, a
clinical diagnostic evaluation shall be ordered as a condition of probation in
every case, without deviation.
(1) Each of the “Conditions Applying the Uniform Standards,” as set forth
in the Guidelines, shall be included in any order subject to this subsection,
but may be imposed contingent upon the outcome of the clinical diagnostic
evaluation.
(2) The Substance Abuse Coordination Committee’s “Uniform Standards
Regarding Substance-Abusing Healing Arts Licensees” (Revised March
2019; hereafter, “Uniform Standards”), which are hereby incorporated by
reference, shall be used in applying the probationary conditions imposed
pursuant to this subsection.
(d) Nothing in this section shall prohibit the Board from imposing additional
terms or conditions of probation in any order that the Board determines would
provide greater public protection.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 315,
315.2, 315.4, 2660, 2660.1, 2660.2, 2661 and 2661.5, Business and Professions Code; and Sections
11400.20 and 11425.50(e), Government Code.
HISTORY:
1.
New section fi led 6-25-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Reg-
ister 97, No. 26).
2.
Amendment of section heading, section and Note fi
led 8-25-2005; operative 9-24-2005 (Regis-
ter 2005, No. 34).
3.
Amendment of section and document “Model Guidelines for Issuing Citations and Imposing Disci-
Regulations
161
§ 1399.16 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
pline’’ (incorporated by reference) fi led 8-5-2009; operative 9-4-2009 (Register 2009, No. 32).
4.
Amendment of section and Note fi
led 1-22-2013; operative 4-1-2013 (Register 2013, No. 4).
5.
Amendment of section and Note fi
led 7-30-2014; operative 10-1-2014 (Register 2014, No. 31).
6.
Change without regulatory effect relocating and amending article 8 heading from preceding sec-
tion 1399.20 to preceding section 1399.15 fi led 9-21-2015 pursuant to section 100, title 1, California
Code of Regulations (Register 2015, No. 39).
7.
Amendment of the “Guidelines for Issuing Citations and Imposing Discipline’’ (incorporated by
reference), amendment of subsections (a), (b)(2) and (c)(2) and amendment of Note fi led 1-28-2022;
operative 4-1-2022 (Register 2022, No. 4).
8.
Change without regulatory effect amending the “Guidelines for Issuing Citations and Imposing
Discipline” (incorporated by reference) and amending subsections (a) and (b)(2) fi
led 5-23-2022 pur-
suant to section 100, title 1, California Code of Regulations (Register 2022, No. 21).
§ 1399.16. Issuance of Initial Probationary License.
(a) The authority to issue an initial probationary license is delegated to
the executive offi cer of the Board. In the absence of the executive officer the
authority is delegated to the board president or in his or her absence the vice-
president.
(b) When the executive officer finds that the issuance of an initial
probationary license is necessary in accordance with section 2660.2 of the
Act, the Board’s Disciplinary Guidelines specified in section 1399.15 of these
regulations shall serve as guidelines for the terms and conditions of an initial
probationary license.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2607.5
and 2660.2, Business and Professions Code.
HISTORY:
1. New section filed 10-8-2004; operative 11-7-2004 (Register 2004, No. 41).
§ 1399.20. Substantial Relationship Criteria.
(a) For the purposes of denial, suspension or revocation of a license,
pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section
2660 of the code, a crime, professional misconduct, or act shall be considered
to be substantially related to the qualifications, functions, or duties of a person
holding a license under the Physical Therapy Practice Act if to a substantial
degree it evidences present or potential unfitness of a person to perform the
functions authorized by the license in a manner consistent with the public
health, safety, or welfare.
(b) In making the substantial relationship determination required under
subsection (a) for a crime, the board shall consider the following criteria:
(1) The nature and gravity of the offense;
(2) The number of years elapsed since the date of the offense;
(3) The nature and duties of a licensed physical therapist or physical
therapist assistant.
NOTE: Authority cited: Sections 481 and 2615, Business and Professions Code. Reference: Sections
141, 480, 481, 490, 493, 2660, 2660.5 and 2661, Business and Professions Code.
HISTORY:
1.
Repealer of NOTE and new NOTE fi led 4-16-79; effective thirtieth day thereafter (Register 79,
No. 16).
162
PHYSICAL THERAPY BOARD § 1399.21
2. Amendment of Article 8 heading and section fi led 6-29-83; effective thirtieth day thereafter (Reg-
ister 83, No. 27).
3.
Amendment of fi rst paragraph fi led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
4. Change without regulatory effect relocating article 8 heading from preceding section 1399.20 to
preceding section 1399.15 fi led 9-21-2015 pursuant to section 100, title 1, California Code of Regula-
tions (Register 2015, No. 39).
5.
Amendment of section and Note fi led 11-30-2021; operative 11-30-2021 (Register 2021, No. 49).
Transmission deadline specifi ed in Government Code section 11346.4(b) extended 60 calendar days
pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Or-
der N-71-20. Filing deadline specifi ed in Government Code section 11349.3(a) extended 60 calendar
days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive
Order N-71-20.
§ 1399.21. Rehabilitation Criteria for Denial and Reinstatement of
Licensure.
(a) When considering the denial of a license under Section 480 of the code
or a petition for reinstatement under Section 11522 of the Government Code
on the ground that the applicant has been convicted of a crime, the board
shall consider whether the applicant made a showing of rehabilitation if the
applicant completed the criminal sentence at issue without a violation of
parole or probation. In making this determination, the board shall consider
the following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was
shortened or lengthened, and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which
they bear on the applicant’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation
were modified, and the reason(s) for modification.
(b) If the applicant has not completed the criminal sentence at issue without
a violation of parole or probation, the board determines that the applicant did
not make the showing of rehabilitation based on the criteria in subsection
(a), the denial is based on professional misconduct, or the denial is based on
unprofessional conduct specified in Section 2660 of the code, the board shall
apply the following criteria in evaluating an applicant’s rehabilitation:
(1) The nature and gravity of the act(s), professional misconduct, or
crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s), professional misconduct, or crime(s) committed
subsequent to the act(s), professional misconduct, or crime(s) under
consideration as grounds for denial.
(3) The time that has elapsed since commission of the act(s), professional
misconduct, or crime(s) referred to in subparagraph (1) or (2).
(4) Whether the applicant has complied with any terms of parole,
probation, restitution or any other sanctions lawfully imposed against the
applicant.
(5) The criteria in subsection (a)(1) to (5), as applicable.
(6) Evidence, if any, of rehabilitation submitted by the applicant.
Regulations
163
§ 1399.22 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Sections 481, 482 and 2615, Business and Professions Code. Reference: Sec
tions 480, 481, 482, 488, 493, 2660 and 2661, Business and Professions Code.
-
HISTORY:
1.
Amendment of NOTE fi led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Change without regulatory effect amending fi rst paragraph fi
led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
4.
Amendment of fi rst paragraph fi
led 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
5.
Amendment of section and Note fi
led 11-30-2021; operative 11-30-2021 (Register 2021, No. 49).
Transmission deadline specifi
ed in Government Code section 11346.4(b) extended 60 calendar days
pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Or-
der N-71-20. Filing deadline specifi
ed in Government Code section 11349.3(a) extended 60 calendar
days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive
Order N-71-20.
§ 1399.22. Rehabilitation Criteria for Suspensions or Revocations.
(a) When considering the suspension or revocation of a license under
Section 490 of the code on the ground that a person holding a license under
the Physical Therapy Practice Act has been convicted of a crime, the board
shall consider whether the licensee made a showing of rehabilitation, if the
licensee completed the criminal sentence at issue without a violation of parole
or probation. In making this determination, the board shall consider the
following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was
shortened or lengthened, and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which
they bear on the licensee’s rehabilitation.
(5) The extent to which the terms or conditions of parole or probation
were modifi
ed, and the reason(s) for the modification.
(b) If the licensee has not completed the criminal sentence at issue without
a violation of parole or probation, the board determines that the licensee did
not make a showing of rehabilitation based on the criteria in subsection (a),
the suspension or revocation is based on a disciplinary action as described
in Section 141 of the code, or the suspension or revocation is based on
unprofessional conduct specifi
ed in Section 2660 of the code, the board shall
apply the following criteria in evaluating the licensee’s rehabilitation:
(1) The nature and gravity of the act(s), disciplinary action(s), or crime(s).
(2) The total criminal record.
(3) The time that has elapsed since commission of the act(s), disciplinary
action(s) or crime(s).
(4) Whether the licensee has complied with any terms of parole, probation,
restitution or any other sanctions lawfully imposed against such person.
(5) The criteria in subsection (a)(1) to (5), as applicable.
(6) lf applicable, evidence of dismissal proceedings pursuant to Section
1203.4 of the Penal Code.
(7) Evidence, if any, of rehabilitation submitted by the licensee.
164
PHYSICAL THERAPY BOARD § 1399.23
NOTE: Authority cited: Sections 481, 482 and 2615, Business and Professions Code. Reference: Sec
tions 141, 482, 488, 493, 2660 and 2661, Business and Professions Code.
-
HISTORY:
1.
Amendment of NOTE fi
led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Change without regulatory effect amending fi rst paragraph fi
led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
4.
Amendment of fi
rst paragraph and subsections (d) and (f) fi
led 12-19-2002; operative 1-18-2003
(Register 2002, No. 51).
5.
Amendment of section and Note fi
led 11-30-2021; operative 11-30-2021 (Register 2021, No. 49).
Filing deadline specifi
ed in Government Code section 11349.3(a) extended 60 calendar days pursuant
to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-
20. Transmission deadline specifi
ed in Government Code section 11346.4(b) extended 60 calendar
days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive
Order N-71-20.
§ 1399.23. Required Actions Against Registered Sex Offenders.
(a) Except as otherwise provided, if an individual is required to register as
a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in
another state or territory, or military or federal law, the Administrative Law
Judge shall, in a Proposed Decision:
(1) Promptly revoke the license of the individual, in accordance with the
procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and not stay the revocation
nor place the license on probation.
(2) Not reinstate or reissue the individual’s license.
(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 required registration, provided, however, that nothing
in this paragraph shall prohibit the board from exercising its discretion to
discipline a licensee under any other provision of state law.
(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; provided, however, that nothing in
this paragraph shall prohibit the board from exercising its discretion to
discipline a licensee under any other provision of state law based upon the
licensee’s conviction under section 314 of the Penal Code.
(c) Any administrative proceeding that is fully adjudicated prior to the
effective date of this regulation shall not be subject to the provisions of this
section. A petition for reinstatement of a revoked or surrendered license
shall be considered a new proceeding for purposes of this paragraph, and the
prohibition in subdivision (a) against reinstating a license shall govern.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2602,
2608, 2660, 2660.1, 2660.2, 2660.5 and 2661, Business and Professions Code.
HISTORY:
1. New section fi
led 7-17-2012; operative 8-16-2012 (Register 2012, No. 29).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
Regulations
165
§ 1399.24 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1399.24. Unprofessional Conduct.
In addition to the conduct described in Section 2660 of the Code,
“unprofessional conduct’’ also includes but is not limited to the following:
(a) Including or permitting to be included any of the following provisions
in an agreement to settle a civil dispute arising from the licensee’s practice,
whether the agreement is made before or after the filing of an action:
(1) A provision that prohibits another party to the dispute from contacting,
cooperating, or filing a complaint with the board.
(2) A provision that requires another party to the dispute to withdraw a
complaint the party has filed with the board.
(3) A provision that prohibits a party from disclosing the nature of the
settlement or the amount of the settlement or otherwise declares that the
settlement is “confidential.’’
(b) Failure to provide to the board, as directed, lawfully requested certified
copies of documents within 15 days of receipt of the request or within the
time specified in the request, whichever is later, unless the licensee is unable
to provide the certified documents within this time period for good cause,
including but not limited to, physical inability to access the records in the time
allowed due to illness or travel. This subdivision shall not apply to a licensee
who does not have access to, and control over, medical records.
(c) Failure to cooperate and participate in any board investigation pending
against the licensee. This subdivision shall not be construed to deprive a licensee
of any privilege guaranteed by the Fifth Amendment to the Constitution of
the United States, or any other constitutional or statutory privileges. This
subdivision shall not be construed to require a licensee to cooperate with a
request that would require the licensee to waive any constitutional or statutory
privilege or to comply with a request for information or other matters within
an unreasonable period of time in light of the time constraints of the licensee’s
practice. Any exercise by a licensee of any constitutional or statutory privilege
shall not be used against the licensee in a regulatory or disciplinary proceeding
against the licensee.
(d) Failure to report to the board within 30 days any of the following:
(1) The bringing of an indictment or information charging a felony
against the licensee.
(2) The arrest of the licensee.
(3) The conviction of the licensee, including any verdict of guilty, or pleas
of guilty or no contest, of any felony or misdemeanor.
(4) Any disciplinary action taken by another licensing entity or authority
of this state or of another state or an agency of the federal government or
the United States military.
(5) Any report required to be made pursuant to Business and Professions
Code section 802 regarding settlements, judgments, or arbitration awards.
(e) Failure or refusal to comply with a court order, issued in the enforcement
of a subpoena, mandating the release of records to the board.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 2602,
2660, 2660.2 and 2660.4, Business and Professions Code.
HISTORY:
1. New section fi led 7-17-2012; operative 8-16-2012 (Register 2012, No. 29).
2.
Change without regulatory effect amending Note filed 9-21-2015 pursuant to section 100, title 1,
California Code of Regulations (Register 2015, No. 39).
166
PHYSICAL THERAPY BOARD § 1399.25
ARTICLE 8.5.
ADMINISTRATIVE CITATIONS
§ 1399.25. Administrative Citations.
(a) The executive officer of the board is authorized to determine when and
against whom a citation will be issued. A citation may contain an administrative
fine, an order of abatement, or both. A citation may be issued for violations
by a licensed physical therapist or physical therapist assistant of any of the
following:
(1) The Physical Therapy Practice Act (Business and Professions Code
section 2600 et seq.).
(2) A regulation adopted by the board.
(3) Other statutes or regulations for which the board has authority to
issue a citation.
(b) Each citation shall be in writing and shall describe with particularity
the nature and facts of the violation, including a reference to the statute alleged
to have been violated. The citation shall be served upon the individual in the
manner authorized pursuant to Business and Professions Code section 124.
(c) Except as provided in subdivision (d), if an administrative fine is included
in the citation, the fine for a violation shall not be less than $100 and shall not
exceed $2,500. The following factors shall be considered when determining the
amount of an administrative fine:
(1) The good or bad faith of the cited person.
(2) The nature and severity of the violation.
(3) Evidence that the violation was willful.
(4) History of the violations of the same or similar nature.
(5) The extent to which the cited person has cooperated with the board.
(6) The extent to which the cited person has mitigated or attempted to
mitigate any danger or injury caused by his or her violation.
(d) A citation may include an administrative fine of up to $5,000 if the board
determines that at least one of the following circumstances apply:
(1) The citation involves a violation that presents an immediate threat to
the health and safety of another person.
(2) The citation involves multiple violations of the Physical Therapy
Practice Act or these regulations that demonstrate a willful disregard of
the law.
(3) The citation involves a violation or violations perpetrated against a
senior citizen or disabled person.
(4) The cited person has a history of two or more prior citations of the
same or similar violations.
(e) Every citation issued pursuant to this article shall be disclosed to an
inquiring member of the public. However, a citation shall be destroyed from
all licensee records five (5) years from the date of issuance or, if one or more
subsequent citations is issued within that five (5) year period, five (5) years
from the date the last citation was issued. A citation that has been withdrawn
or dismissed shall be destroyed from all licensee records immediately upon
being withdrawn or dismissed.
Regulations
167
§ 1399.27 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Sections 125.9 and 2615, Business and Professions Code. Reference: Section
125.9, Business and Professions Code.
HISTORY:
1. New section fi led 4-25-90; operative 5-25-90 (Register 90, No. 21).
2. Amendment of section heading fi led 6-25-97; operative 7-25-97 (Register 97, No. 26).
3. Change without regulatory effect amending subsection (a) fi
led 9-11-97 pursuant to section 100,
title 1, California Code of Regulations (Register 97, No. 37).
4. New subsection (c) and amendment of Note fi
led 12-24-2002; operative 1-23-2003 (Register 2002,
No. 52).
5.
Amendment of subsection (c) fi
led 3-13-2006; operative 4-12-2006 (Register 2006, No. 11).
6.
New article 8.5 heading and amendment of section fi
led 12-9-2008; operative 1-8-2009 (Regis-
ter 2008, No. 50).
§ 1399.27. Compliance with Orders of Abatement.
(a) If a cited person who has been issued an order of abatement is unable
to complete the correction within the time set forth in the citation because of
conditions beyond his or her control after the exercise of reasonable diligence,
the person cited may request an extension of time from the executive offi cer in
which to complete the correction. Such a request shall be in writing and shall
be made within the time set forth for abatement.
(b) When an order of abatement is not contested or if the order is appealed
and the person cited does not prevail, failure to abate the violation charged
within the time allowed shall constitute a violation and failure to comply
with the order of abatement. An order of abatement shall either be personally
served or mailed by certified mail, return receipt requested. The time allowed
for the abatement of a violation shall begin when the order of abatement is
final and has been served or received. Such failure may result in disciplinary
action being taken by the board or other appropriate judicial relief being taken
against the person cited.
NOTE: Authority cited: Sections 125.9 and 2615, Business and Professions Code. Reference: Section
125.9, Business and Professions Code.
HISTORY:
1. New section filed 4-25-90; operative 5-25-90 (Register 90, No. 21).
2. Amendment of Note filed 12-24-2002; operative 1-23-2003 (Register 2002, No. 52).
§ 1399.28. Citations for Unlicensed Practice.
The executive offi cer of the board is authorized to determine when and
against whom a citation will be issued and to issue citations containing
orders of abatement and fi nes against persons, partnerships, corporations or
associations who are performing or who have performed services for which
licensure as a physical therapist or physical therapist assistant is required
under the Physical Therapy Practice Act. Each citation issued shall contain an
order of abatement. Where appropriate, the executive offi
cer shall levy a fine
for such unlicensed activity in accordance with subdivision (b)(3) of section
125.9 of the code. The provisions of sections 1399.25 and 1399.27 shall apply
to the issuance of citations for unlicensed activity under this subsection. The
sanction authorized under this section shall be separate from and in addition
to any other civil or criminal remedies.
168
PHYSICAL THERAPY BOARD § 1399.30
NOTE: Authority cited: Sections 125.9, 148 and 2615, Business and Professions Code. Reference:
Sections 125.9 and 148, Business and Professions Code.
HISTORY:
1.
New section fi
led 4-25-90; operative 5-25-90 (Register 90, No. 21).
2. Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
3.
Amendment of section and Note fi
led 12-24-2002; operative 1-23-2003 (Register 2002, No. 52).
§ 1399.29. Contest of Citations.
(a) In addition to requesting a hearing as provided for in subdivision (b)(4)
of section 125.9 of the code, the person cited may, within ten (10) days after
service or receipt of the citation, notify the executive officer in writing of his or
her request for an informal conference with the executive officer regarding the
acts charged in the citation. The time allowed for the request shall begin the
first day after the citation has been served or received.
(b) The executive officer shall hold, within 30 days from the receipt of the
request, an informal conference with the person cited or his or her legal counsel
or authorized representative. At the conclusion of the informal conference the
executive officer may affirm, modify or dismiss the citation, including any fine
levied or order of abatement issued. The executive officer shall state in writing
the reasons for his or her action and serve or mail, as provided in subsection (b)
of section 1399.27, a copy of his or her findings and decision to the person cited
within ten days from the date of the informal conference. This decision shall be
deemed to be a final order with regard to the citation issued, including the fine
levied and the order of abatement.
(c) The person cited does not waive his or her request for a hearing to contest
a citation by requesting an informal conference after which the citation is
affirmed by the executive officer. If the citation is dismissed after the informal
conference, the request for a hearing on the matter of the citation shall be
deemed to be withdrawn. If the citation, including any fine levied or order
of abatement, is modified, the citation originally issued shall be considered
withdrawn and new citation issued. If a hearing is requested for the subsequent
citation, it shall be requested within 30 days in accordance with subdivision (b)
(4) of section 125.9 of the code.
NOTE: Authority cited: Sections 125.9 and 2615, Business and Professions Code. Reference: Section
125.9, Business and Professions Code.
HISTORY:
1.
New section fi
led 4-25-90; operative 5-25-90 (Register 90, No. 21).
2.
Amendment of Note fi
led 12-24-2002; operative 1-23-2003 (Register 2002, No. 52).
ARTICLE 9.
PHYSICAL THERAPY PROFESSIONAL
CORPORATIONS
§ 1399.30. Citation.
These regulations may be cited and referred to as “Physical Therapy
Professional Corporation Regulations.’’
Regulations
169
§ 1399.35 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority and reference cited: Sections 2615 and 2696, Business and Professions Code; and
Section 13410, Corporations Code.
HISTORY:
1.
New Article 9. (Sections 1399.30-1399.41) fi led 8-31-77; effective thirtieth day thereafter (Regis-
ter 77, No. 36).
2.
Amendment fi led 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
3.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
§ 1399.35. Requiremen ts for Professional Corporations.
A professional corporation shall comply with the following provisions:
(a) The corporation is organized and exists pursuant to the general
corporation law and is a professional corporation within the meaning of
Moscone-Knox Professional Corporations Act (Section 13400 et seq. of the
Corporations Code).
(b) Each shareholder, director and officer (except as provided in Section
13403 of the Corporations Code and Section 2694 of the code) holds a valid
physical therapist license. A physical therapist may be a shareholder in more
than one professional corporation.
(c) Each professional employee of the corporation who will practice physical
therapy, whether or not a director, officer or shareholder, holds a valid physical
therapist license.
NOTE: Authority cited: Sections 2615 and 2696, Business and Professions Code. Reference: Sections
2690 and 2694, Business and Professions Code; and Sections 13401, 13403, 13404, 13405, 13406 and
13407, Corporations Code.
HISTORY:
1. Amendment fi led 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
2. Amendment fi led 10-19-83; effective thirtieth day thereafter (Register 83, No. 43).
§ 1399.37. Shares: Ownership and Transfer.
(a) Where there are two or more shareholders in a professional corporation
and one of the shareholders:
(1) Dies; or
(2) Becomes a disqualified person as defined in Section 13401(d) of the
Corporations Code for a period exceeding ninety (90) days, his or her shares
shall be sold and transferred to the corporation, its shareholders or other
eligible licensed persons on such terms as are agreed upon. Such sale or
transfer shall not be later than six (6) months after any such death and
not later than ninety (90) days after the date the shareholder becomes a
disqualified person. The requirements of this subsection shall be set forth in
the professional corporation’s articles of incorporation or bylaws.
(b) A corporation and its shareholders may, but need not, agree that shares
sold to it by a person who becomes a disqualified person may be resold to such
person if and when he or she again becomes an eligible shareholder.
(c) The share certificates of a professional corporation shall contain an
appropriate legend setting forth the restrictions of subsection (b), where
applicable.
(d) Nothing in these regulations shall be construed to prohibit a professional
corporation from owning shares in a nonprofessional corporation.
170
PHYSICAL THERAPY BOARD § 1399.50
NOTE: Authority cited: Section 2696, Business and Professions Code. Reference: Section 2696, Busi-
ness and Professions Code; and Sections 13401, 13403, 13406 and 13407, Corporations Code.
HISTORY:
1.
Amendment of subsection (f) fi led 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
§ 1399.39. Corporate Activities.
(a) A professional corporation may perform any act authorized in its
articles of incorporation or bylaws so long as that act is not in confl ict with
or prohibited by these regulations, the Physical Therapy Practice Act or the
regulations adopted pursuant thereto.
(b) A professional corporation may enter into partnership agreements with
other physical therapists practicing individually or in a group or with other
physical therapy professional corporations.
NOTE: Authority cited: Section 2696, Business and Professions Code. Reference: Section 2696, Busi
ness and Professions Code; and Sections 13403, 13408 and 13410, Corporations Code.
-
HISTORY:
1. Amendment of subsection (a) filed 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
§ 1399.40. Trusts.
The restrictions on the ownership of the shares of professional corporations
shall apply to both the legal and equitable title to such shares.
NOTE: Authority cited: Section 2696, Business and Professions Code. Reference: Sections 13406 and
13407, Business and Professions Code.
HISTORY:
1.
Amendment fi led 8-13-81; effective thirtieth day thereafter (Register 81, No. 33).
ARTICLE 10.
FEES
§ 1399.50. Physical Therapist Fees.
Pursuant to section 2688 of the code physical therapist fees are fixed as
follows:
(a) The application fee shall be $125.00. For applications electronically
submitted or postmarked on or after January 1, 2016, the application fee shall
be $300.
(b) The application fee for foreign graduates under section 2653 of the code
shall be $200.00. For applications electronically submitted or postmarked on or
after January 1, 2016, the application fee for foreign graduates under section
2653 shall be $300.00.
(c) The initial license fee shall be $100.00. For those initial license fees
electronically submitted or postmarked on or after January 1, 2016 the initial
license fee shall be $150.00.
(d) The biennial renewal fee shall be $200.00. For licenses that expire on or
after January 1, 2016, the biennial renewal fee shall be $300.00.
(e) The delinquency fee shall be $100.00. For those delinquent after January
1, 2016 the delinquency fee shall be $150.00.
Regulations
171
§ 1399.52 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 163.5,
2644 and 2688, Business and Professions Code.
HISTORY:
1. New section fi led 12-23-2015; operative 12-23-2015 pursuant to Government Code sec
tion 11343.4(b)(3) (Register 2015, No. 52). For prior history, see Register 2009, No. 41.
-
§ 1399.52. Physical Therapist Assistant Fees.
Pursuant to section 2688 of the code physical therapist assistant fees are
fixed as follows:
(a) The application and initial license fee shall be $125.00. For application
and initial license fees electronically submitted or postmarked on or after
January 1, 2016, the application and initial license fee shall be $300.00.
(b) The application and initial license fee for foreign graduates under
section 2653 of the code shall be $200.00. For the application and initial license
fee electronically submitted or postmarked on or after January 1, 2016, the
application and initial license fee for foreign graduates under section 2653
shall be $300.00.
(c) The biennial renewal fee shall be $200.00. For licenses that expire on or
after January 1, 2016, the biennial renewal fee shall be $300.00.
(d) The delinquency fee shall be $150.00.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 163.5,
2644 and 2688, Business and Professions Code.
HISTORY:
1. New section fi led 12-23-2015; operative 12-23-2015 pursuant to Government Code sec-
tion 11343.4(b)(3) (Register 2015, No. 52). For prior history, see Register 2009, No. 41.
§ 1399.54. Electromyography Certifi cation Fees.
Pursuant to section 2689 of the code, fees for physical therapists certifi ed to
perform electromyography are fixed as follows:
(a) The application fee shall be $100.00.
(b) The biennial renewal fee shall be $50.00.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2689, Busi-
ness and Professions Code.
HISTORY:
1.
New section fi led 11-17-78; effective thirtieth day thereafter (Register 78, No. 46).
2. Amendment fi led 8-2-79; effective thirtieth day thereafter (Register 79, No. 31).
3. Amendment fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
4.
Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
5.
Amendment of subsection (a) fi
led 5-15-91; operative 6-14-91 (Register 91, No. 26).
ARTICLE 11.
ELECTROMYOGRAPHY CERTIFICATION
§ 1399.60. Definitions.
As used in these regulations:
(a) “Electroneuromyography’’ means the performance of tissue penetration
for the purpose of evaluating neuromuscular performance, and includes the
evaluation of specific abnormal potentials and evoked responses.
172
PHYSICAL THERAPY BOARD § 1399.62
(b) “Kinesiological electromyography’’ means the study, including tissue
penetration, of the phasic activity of individual or multiple muscles in relation
to another physical or physiological event or exercise and does not include the
evaluation of specific abnormal potentials or evoked responses.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1. New Article 11 (Sections 1399.60-1399.69, not consecutive) fi led 11-17-78; effective thirtieth day
thereafter (Register 78, No. 46).
2.
Amendment of NOTE fi
led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
3.
Amendment fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
4.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
§ 1399.61. Certifi cation Required.
(a) No physical therapist shall perform tissue penetration for the purpose
of making an electromyographical evaluation unless he or she is certifi ed by
the board to perform such tests or such practice is appropriately supervised
pursuant to Sections 1399.63 or 1399.64 in order to meet the experience
requirements for examination by the board for certification.
(b) No physical therapist who is certified to perform kinesiological
electromyography shall perform electroneuromyographical evaluations
without additional authorization from the board as indicated on his or her
certification.
(c) No physical therapist who is certified to perform electroneuromyographical
evaluations shall perform kinesiological electromyography without additional
authorization from the board as indicated on his or her certification.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Amendment fi
led’ 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
New subsection (c) fi
led 8-29-94; operative 9-28-94 (Register 94, No. 35).
3.
Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
§ 1399.62. Application Required.
All applications for certification by the board in electromyography shall
be on a form provided by the board which is accompanied by whatever
documentation is required therein and the certification fee required in Section
1399.54 of these regulations.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Amendment fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
Regulations
173
§ 1399.63 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1399.63. Requirements for Kinesiological Electromyography
Certification.
In order to be examined by the board for certification in kinesiological
electromyography an applicant shall meet the following requirements:
(a) Licensure. Be licensed as a physical therapist by the board.
(b) Training in Tissue Penetration. Provide evidence of training under a
licensed physician or a physical therapist certifi ed to perform electromyography,
in tissue penetration for the purpose of evaluation of muscular or neuromuscular
performance which shall include instruction and demonstrations in:
(1) Pertinent anatomy and physiology,
(2) Choice of equipment,
(3) Proper technique,
(4) Hazards and complications,
(5) Post test care, and
(6) Satisfactory performance by the trainee in the technical skills of
tissue penetration.
Such training may be completed as part of the coursework obtained under
subsection (c)(1) below.
(c) Education. Provide evidence of one of the following educational
requirements:
(1) Completion of regular or extension coursework pertinent to
electromyography obtained in a public university or state college or in
a private postsecondary educational institution which is accredited or
approved under Section 94310 of the Education Code for which academic
credit is awarded or continuing education coursework, which is acceptable
to the board. The curriculum vitae of the instructor, course outline, course
objectives and evaluation mechanism of any extension or continuing
education coursework which is presented by the applicant as meeting the
requirements of this section shall be forwarded to the board upon request.
Such coursework in order to qualify the applicant for certification shall
include instruction in the following subject areas:
(A) Gross anatomy—the muscular system of the body with emphasis
on the structural and cross sectional relationships.
(B) Neuroanatomy—organization and functional features of the
central and peripheral nervous system.
(C) Nerve and muscle physiology—bioelectric currents and their
characteristic wave forms and conduction over peripheral nerves.
(2) Completion of a period of self-study which prepares the applicant to
pass an examination for certification in kinesiological electromyography.
Evidence and documentation shall include a summarization of what
matters were contained in the self-study including the applicant’s clinical
exposure to electromyography and any materials studied on that subject
and the names and statements, of any proctors who may have supervised
the applicant in electromyography;
(3) Authorization to perform electromyography issued by another state
with similar requirements.
(d) Experience. Provide evidence of the following experience requirements:
(1) Completion of not less than 200 clock hours in kinesiological
electromyography satisfactory to the board which provides a progressive
level of training under a physical therapist certified in kinesiological
electromyography in this state or another state which has similar
requirements for certification, or under a licensed physician who is similarly
174
PHYSICAL THERAPY BOARD § 1399.64
qualified to perform and who performs kinesiological electromyography as
part of his or her practice of medicine who is approved by the board.
(2) Documentation of completion of 50 kinesiological electromyographic
examinations.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
New section fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
Amendment of subsections (c)(2) and (d)(2) fi
led 12-31-81; effective thirtieth day thereafter (Reg-
ister 82, No. 1).
3.
Amendment of subsections (c)(2) and (d)(2) fi
led 5-20-85; effective thirtieth day thereafter (Reg-
ister 85, No. 21).
4. Amendment of subsections (b) and (d)-(d)(1), repealer of designation of subsections (d)(1)(A)-(C),
repealer of subsection (d)(1)(B), repealer of designation of subsection (d)(2)(A) and repealer of subsec-
tions (d)(2)(B)-(C) fi led 8-29-94; operative 9-28-94 (Register 94, No. 35).
5. Change without regulatory effect amending fi rst paragraph and subsections (c)(1) and (d)(1)
fi led 9-11-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 37).
§ 1399.64. Requirements for Electroneuromyography Authorization.
In order to be examined by the board for additional authorization to perform
electroneuromyographical examinations an applicant shall meet the following
requirements:
(a) Comply with Section 1399.63, subsections (a) and (b).
(b) Education. Provide evidence of one of the following education
requirements:
(1) In addition to that coursework required in Section 1399.63, subsection
(c)(1), completion of the following additional coursework which meets the
requirements of that section in the following subject areas:
(A) Neuroanatomy which also emphasizes the course of peripheral
nerves and patterns of innervation.
(B) Clinical neurology, myology and pathology—identification of
clinical characteristics of neurogenic and myogenic disorders.
(C) Physical science of electroneuromyography—basic
electrophysiology and the identification and recording of bioelectric
signals.
(D) Clinical science of electroneuromyography—knowledge
and procedures of patient evaluation and examination, including
electromyographic and nerve conduction velocity studies, and training
in tissue penetration.
(2) Completion of a period of self-study which prepares the applicant to
pass a supplemental examination for additional certification to perform
electroneuromyographical examination. Evidence and documentation shall
include a summarization of what matters were contained in the self-study
including the applicant’s clinical exposure to electroneuromyography and
any materials studied on that subject and the name and statements, of any
proctors who may have supervised the applicant in electroneuromyography.
(3) Authorization to perform electroneuromyographical examinations
issued by another state with similar requirements.
(c) Experience. Provide evidence of the following experience requirements:
(1) Completion of not less than 400 clock hours in electroneuromyography,
satisfactory to the board which provides a progressive level of training under
(A) a physical therapist authorized to perform electroneuromyography, in
this state or, (B) under a licensed physical therapist in another state which
Regulations
175
§ 1399.65 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
has similar requirements for certification, who is authorized to perform
electroneuromyography or who is certified by the American Board of
Physical Therapy Specialists as an electrophysiological clinical specialist, or
(C) under a licensed physician who is similarly qualified to perform and who
performs electroneuromyography, as part of his or her practice of medicine.
(2) Documentation of completion of 200 electroneuromyographic
examinations.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Repealer and new section fi
led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
Amendment of subsections (b)(2) and (c)(2) filed 12-31-81; effective thirtieth day thereafter (Reg-
ister 82, No. 1).
3.
Amendment of subsection (c)(1) fi
led 6-29-83; effective thirtieth day thereafter (Register 83,
No. 27).
4.
Amendment of subsections (b)(2) and (c)(2) fi
led 5-20-85; effective thirtieth day thereafter (Reg-
ister 85, No. 21).
5.
Amendment of subsections (c)-(c)(1), repealer of designation of subsections (c)(1)(A)-(B) with textu-
al amendments, repealer of designation of subsection (d)(2)(A) with textual amendment and repealer
of subsection (d)(2)(B) fi
led 8-29-94; operative 9-28-94 (Register 94, No. 35).
6. Change without regulatory effect amending fi
rst paragraph and subsection (c)(1) fi
led 9-11-97 pur-
suant to section 100, title 1, California Code of Regulations (Register 97, No. 37).
§ 1399.65. Examination Required.
(a) All physical therapists applying for certification to perform kinesiological
electromyography shall take and pass the examination referred to in Section
1399.66, which will be administered by the board.
(b) All physical therapists applying for certification to perform
electroneuromyography shall take and pass the examination referred to in
Section 1399.67, which will be administered by the board.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Amendment fi
led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2. Amendment of subsection (a) fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Repealer and new subsections (a) and (b) fi
led 8-29-94; operative 9-28-94 (Register 94, No. 35).
4.
Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
5.
Amendment fi
led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
§ 1399.66. Examination Subject Areas—Kinesiological
Electromyography.
The examination for certification in kinesiological electromyography shall
test applicants in the following subject areas:
(a) Basic science as related to kinesiological electromyography:
(1) Anatomy
(2) Electrophysiology
(b) Clinical science as related to kinesiological electromyography:
(1) Pre-examination patient evaluation
(2) Instrumentation
(3) Kinesiological examination procedure and process.
(c) Practical application of kinesiological electromyography:
176
PHYSICAL THERAPY BOARD § 1399.68
(1) Needle/wire examination of muscles
(2) Handling of equipment
(3) Patient preparation and management
(4) Data collection, presentation and summarization.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Repealer and new section fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2. Repealer of subsection (a)(2) and subsection redesignation, amendment of subsections (b)(1) and
(c)-(c)(1) fi led 8-29-94; operative 9-28-94 (Register 94, No. 35).
§ 1399.67. Examination Subject Areas—Electroneuromyography.
The examination for certification in electroneuromyography shall test
applicants in the following subject areas:
(a) Basic science as related to electroneuromyography:
(1) Anatomy
(2) Electrophysiology
(3) Neuromuscular pathology.
(b) Clinical science as related to electroneuromyography:
(1) Instrumentation
(2) Pre-examination patient evaluation
(3) Examination procedure and process
(4) Interpretation and recording of examination records and data.
(c) Practical application of electroneuromyography:
(1) Needle examination of muscles
(2) Motor and sensory nerve conduction velocity examinations.
(3) Handling of equipment
(4) Patient preparation and management
(5) Data collection, presentation and summarization.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
New section fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
Amendment fi led 8-29-94; operative 9-28-94 (Register 94, No. 35).
§ 1399.68. Certifi cation Renewal.
All certificates to perform electromyography shall be renewed concurrently
with each holder’s physical therapist license.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Amendment fi led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
2.
Amendment fi led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3.
Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
4.
Amendment fi led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
Regulations
177
§ 1399.69 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1399.69. Suspension or Revocation of Certificates.
(a) Any certificate to perform electromyography may be suspended or
revoked or have probationary conditions imposed thereon by the board as
directed by the board after proceedings held in accordance to the Administrative
Procedure Act (Section 11500 et seq. of the Government Code) for any violation
of this article, the Physical Therapy Regulations or Section 2660 of the code.
(b) It shall constitute unprofessional conduct and a violation of these rules
for a physical therapist certified to perform kinesiological electromyography
only to perform electroneuromyography without additional authorization
obtained from the board, unless such practice is appropriately supervised
pursuant to Section 1399.64 in order to meet the experience requirements for
examination by the board for such additional authorization.
NOTE: Authority cited: Section 2615, Business and Professions Code. Reference: Section 2620.5,
Business and Professions Code.
HISTORY:
1.
Amendment of NOTE fi led 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2.
Amendment fi
led 12-17-80; effective thirtieth day thereafter (Register 80, No. 51).
3.
Amendment fi
led 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
4.
Change without regulatory effect amending section filed 9-11-97 pursuant to section 100, title 1,
California Code of Regulations (Register 97, No. 37).
§ 1399.70. Electromyography Reports.
The findings reported to the patient’s physician shall include the following
statement:
“This study has been performed in accordance with the Physical Therapy
Practice Act (Chapter 5.7 of Division 2 of the Business and Professions
Code) and with the Physical Therapy Regulations (Title 16, California
Code of Regulations, Division 13.2). The findings in this report do not
represent diagnostic interpretations or medical diagnoses. The results of
the electromyographic examination by the certified electromyographer are
intended for integration by the physician and surgeon with the patient’s
history, clinical examination, and the results of any other tests performed in
establishing a medical diagnosis.’’
NOTE: Authority cited: Sections 2615 and 2620.5, Business and Professions Code. Reference: Sec
tion 2620.5, Business and Professions Code.
-
HISTORY:
1.
New section fi led 6-15-2004; operative 7-15-2004 (Register 2004, No. 25).
ARTICLE 12.
TOPICAL MEDICATIONS
§ 1399.75. Compliance with Regulations.
A physical therapist may apply or administer topical medications to a
patient as set forth in this article.
178
PHYSICAL THERAPY BOARD § 1399.79
NOTE: Authority cited: Sections 2615 and 2620.3, Business and Professions Code. Reference: Sec
tion 2620.3, Business and Professions Code.
-
HISTORY:
1.
New Article 12 (Sections 1399.75-1399.79) filed 2-11-81; effective thirtieth day thereafter (Regis-
ter 81, No. 7).
§ 1399.76. Topical Medications Defined.
As used in this article “topical medications’’ means medications applied
locally to the skin or underlying tissue where there is a break in or absence of
the skin where such medications require a prescription or order under federal
or state law.
NOTE: Authority cited: Sections 2615 and 2620.3, Business and Professions Code. Reference: Sec
tion 2620.3, Business and Professions Code.
-
§ 1399.77. Administration of Medications.
Topical medications may be administered by a physical therapist by:
(a) Direct application;
(b) Iontophoresis; or
(c) Phonophoresis.
NOTE: Authority cited: Sections 2615 and 2620.3, Business and Professions Code. Reference: Sec-
tion 2620.3, Business and Professions Code.
§ 1399.78. Authorization and Protocols Required.
Topical medications shall be applied or administered by a physical therapist
in accordance with this section.
(a) Any topical medication applied or administered shall be ordered on
a specifi c or standing basis by a practitioner legally authorized to order or
prescribe such medication.
(b) Written protocols shall be prepared for the administration or application
of each of the groups of medications listed in Section 1399.79 for which a
prescription is required under Federal or State law, which shall include a
description of the medication, its actions, its indications and contraindications,
and the proper procedure and technique for the application or administration
of medication.
NOTE: Authority cited: Sections 2615 and 2620.3, Business and Professions Code. Reference: Sec-
tion 2620.3, Business and Professions Code.
HISTORY:
1. Amendment of Note fi
led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
§ 1399.79. Authorized Topical Medications.
A physical therapist may apply or administer those topical medications
listed in this section in accordance with the provisions of this article:
(a) Bacteriocidal agents;
(b) Debriding agents;
(c) Topical anesthetic agents;
(d) Anti-infl ammatory agents;
(e) Antispasmodic agents; and
(f) Adrenocortico-steroids.
Regulations
179
§ 1399.90 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
NOTE: Authority cited: Sections 2615 and 2620.3, Business and Professions Code. Reference: Sec-
tion 2620.3, Business and Professions Code.
HISTORY:
1. Amendment of subsection (f) and Note fi
led 3-8-2000; operative 4-7-2000 (Register 2000, No. 10).
ARTICLE 13.
CONTINUING COMPETENCY REQUIREMENTS
AND INACTIVE LICENSE STATUS
§ 1399.90. Definitions.
For purposes of this article, the following terms have the following meanings:
(a) “ABPTS’’ means the American Board of Physical Therapy Specialists.
(b) “Accredited institution’’ means an educational institution accredited by
the United States Department of Education or by the regulatory authority of
any state.
(c) “Approval agency’’ means an entity that reviews and approves providers
of continuing education courses and is recognized by the board pursuant to
section 1399.95.
(d) “Approved provider’’ means a person or entity that offers, sponsors or
provides continuing education courses and that is either approved pursuant to
section 1399.96 or is an accredited institution.
(e) “APTA’’ means the American Physical Therapy Association.
(f) “CPTA’’ means the California Physical Therapy Association.
(g) “Hour’’ is the unit of measurement for continuing competency and, for
courses, means at least 50 minutes of instruction.
(h) “FSBPT’’ means the Federation of State Boards of Physical Therapy.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Section
2644, Business and Professions Code.
HISTORY:
1.
New article 13 (sections 1399.90-1399.99) and section fi
led 10-7-2009; operative 11-6-2009 (Reg-
ister 2009, No. 41).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.91. Continuing Competency Required.
(a) As required by this article, a licensee must accumulate 30 hours of
continuing competency hours in each license cycle. A licensee must submit
evidence of completing those hours to the board in order to renew his or her
license. In order to implement this requirement:
(1) For licenses that expire between October 31, 2010 and October 31,
2011, if the renewal is submitted prior to the expiration of the original
license, 15 hours of continuing competency shall be completed.
(2) For licenses that expire on and after November 1, 2011, the full 30
hours shall be completed.
(b) For fi
rst-time license renewals, if the renewal is submitted prior to the
expiration of the original license, the continuing competency hour requirements
shall be one-half of the normal cycle. The requirements of 1399.93 shall apply
to any renewal under this subsection.
180
PHYSICAL THERAPY BOARD § 1399.94
(c) For those licensees accumulating “continuing education units’’ or
“CEUs’’ under the continuing education requirements of APTA and CPTA, one
CEU is equal to ten hours.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1.
New section fi
led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.92. Content Standards for Continuing Competency.
Continuing competency hours must be obtained in subjects related to either
the professional practice of physical therapy or patient/client management.
(a) The professional practice of physical therapy includes but is not
limited to professional accountability, professional behavior and professional
development.
(b) Patient/client management includes but is not limited to examination,
evaluation and diagnosis and prognosis; plan of care; implementation;
education; and discharge.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1. New section fi
led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2. Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.93. Continuing Competency Subject Matter Requirements and
Other Limitations.
For each renewal cycle, a licensee’s continuing competency hours must
include the following:
(a) Two hours in ethics, laws and regulations, or some combination thereof,
and
(b) Four hours in life support for health care professionals. Such training
should be comparable to, or more advanced than, the American Heart
Association’s Basic Life Support Health Care Provider course.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1.
New section fi
led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.94. Authorized Pathways for Obtaining Hours.
Continuing competency hours must be obtained through an authorized
pathway, which may be either traditional or alternate.
(a) Traditional pathways are those offered by an approved provider. There is
no limit to the number of hours which may be accumulated through traditional
pathways. The traditional pathways are:
Regulations
181
§ 1399.94 PROFESSIONAL & VOCATIONAL REGULATIONS
(1) Continuing education courses, including home and self-study courses,
approved through an agency recognized by the board under the provisions
of regulation section 1399.95; and
(2) College coursework from an accredited institution.
(b) Alternate pathways are those offered by an entity other than an approved
provider. Only those alternate pathways described in this section may be used
to accumulate continuing competency hours. The number of alternate pathway
hours that may be applied for a renewal cycle may not exceed any cap noted
below. Hours may be granted only in accordance with the conversion formula
for each alternate pathway noted below.
Alternate Pathways
Description Cap Conversion
(A) Publishing a peer-
reviewed journal article,
case study, or book
chapter.
16 hours 5 hours per
article, study or
chapter
(B) Developing or presenting
an approved college or
continuing education
course for the fi rst time.
16 hours 4 hours for
each course
(C) Participating as a subject
matter expert in the
examination process for
the Board, FSBPT, or
ABPTS.
16 hours 6 hours per
experience
(D) Serving on a Board
appointed task force.
16 hours 6 hours per
experience
(E) Performing in a role as a
clinical instructor where
the student’s clinical
experience is full time
and lasts at least 4 weeks.
Eff
ective January 1, 2013,
the clinical instructor must
be credentialed by APTA
or hold a substantially
similar credential.
12 hours 1 hour per
week
(F) Attending a conference
relating to the practice of
physical therapy where
proof of attendance
is provided by the
conference sponsor.
8 hours 2 hours per
conference
(G) Attending a conference
off ered by FSBPT, APTA,
or a component thereof.
8 hours 4 hours per
conference
(H) Attending a Board
meeting.
8 hours 2 hours per
meeting
Regulations
182
Description Cap Conversion
(I) Completing a FSBPT
practice review tool.
6 hours 6 hours per
experience
(J) Successfully passing one
of the American Board
of Physical Therapy
Specialties’ certified
specialist examinations,
including re-certification
examinations.
6 hours 6 hours per
examination
(K) Completing training as an
expert consultant for the
Board.
6 hours 6 hours per
training
(L) Successfully passing the
Board’s California Law
Examination.
2 hours 2 hours per
examination
PHYSICAL THERAPY BOARD § 1399.95
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1.
New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending subsections (a)(1)-(2) fi led 9-21-2015 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2015, No. 39).
3. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.95. Standards for Approval Agencies.
(a) An approval agency may be recognized by the board only if the approval
agency has met the standards in this section. Once recognized, an approval
agency may approve a provider operating consistent with section 1399.96.
(b) Each approval agency must have the capacity to evaluate each course
offered by a provider in accordance with section 1399.96 and shall conduct
audits of at least 10% of its approved providers’ courses to ensure compliance
with this article.
(c) Each approval agency has a procedure for periodic review of courses to
ensure content quality and currency.
(d) Each approval agency shall have a procedure to respond to complaints.
(e) Each approval agency shall provide services to all persons or entities
without unlawful discrimination.
(f) Each approval agency that also offers continuing education courses
directly to a licensee shall have a means to avoid a conflict of interest between
its function as a provider and its function as an approval agency.
(g) Each approval agency offering retroactive approval for a course must
evaluate the course for compliance with the standards relating to courses
found in 1399.96. The approval agency shall comply with the record retention
requirements of 1399.96(j).
(h) Upon written confirmation from the board that an approval agency has
been recognized, the approval agency may advertise that it has been recognized
by the board.
(i) The board may require the approval agency to submit records
demonstrating its compliance with this article.
Regulations
183
§ 1399.96 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
(j) Failure of an approval agency to substantially comply with the provisions
as set forth in this section, or a material misrepresentation to the board, shall
constitute cause for withdrawal of recognition by the board. Recognition can
be revoked only by the members of the board, after written notice setting forth
the reasons for withdrawal and after affording a reasonable opportunity for
the approval agency to be heard.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1.
New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.96. Standards for Approved Providers.
Before it may approve a provider, the approval agency shall require that the
provider adhere to the following requirements:
(a) Topics and subject matter for each course shall be pertinent to the
practice of physical therapy as required by section 1399.92.
(b) Instructors for each course shall be competent in the subject matter
and shall be qualified by appropriate education, training, experience, scope of
practice or licensure.
(c) Each course shall have a syllabus that includes learning objectives,
bibliography and either a schedule, for courses offered in-person, or an outline,
for courses offered online.
(d) Each course shall have written educational goals and specific learning
objectives which are measurable and which serve as a basis for an evaluation
of the effectiveness of the course.
(e) When an approved provider works with others on the development,
distribution and/or presentation of a continuing education course (joint
sponsorship), there shall be procedures to identify and document the functions
of each participating party.
(f) Each approved provider shall periodically review its courses to ensure
content quality and currency.
(g) Each participant shall be given the opportunity to evaluate each course
and offer feedback to the approved provider. The approved provider shall
consider any such evaluations for the purpose of updating or revising courses.
(h) Each approved provider has a procedure to respond to complaints.
(i) Each approved provider provides services to all licensees without
unlawful discrimination.
(j) Each approved provider shall maintain records regarding course content
and licensee attendance for a minimum of seven years.
(k) Each approved provider and instructor shall disclose any financial
interest in products recommended during a course.
(l
) Each approved provider shall provide a certificate of completion to
attendees.
(m) Each approved provider shall ensure that any information it
disseminates publicizing its continuing education courses is true and not
misleading. Such information shall include a statement with the name of the
approval agency, that such agency may be contacted about any concerns, any
approved provider identification number, and the number of hours for which
the course has been approved.
184
PHYSICAL THERAPY BOARD § 1399.98
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1. New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.97. Record Keeping.
(a) Each licensee shall keep and maintain records showing that each course
or activity for which credit is claimed has been completed. Those records shall
reflect the title of the course or activity, the date taken or completed, and the
record of participation.
(b) Each licensee shall retain such documentation for a period of fi ve years
after the course or activity concludes.
(c) Each licensee shall provide copies of such documentation to the board or
its designee upon request.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1. New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2. Change without regulatory effect amending Note fi led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
§ 1399.98. Inactive Status.
(a) Upon written request, the board may grant inactive status to a licensee
if, at the time of application for inactive status, the license is current and not
suspended, revoked, or otherwise punitively restricted by the board.
(b) The licensee shall not engage in any activity for which a license is
required.
(c) An inactive license shall be renewed during the same time period in
which an active license or certificate is renewed. Any continuing education
requirements for renewing a license are waived.
(d) The renewal fee for an inactive license is the same as the fee to renew
an active license.
(e) To restore an inactive license to an active status, the holder shall do
both of the following:
(1) Pay the renewal and any continuing competency fees.
(2) Complete continuing education equivalent to that required for a
single renewal period of an active license within the last two years prior to
applying to restore the license to active status.
(f) The inactive status of any licensee does not deprive the board of its
authority to institute or continue any disciplinary or enforcement action
against the licensee.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
700, 701, 702, 703, 704, 2644 and 2649, Business and Professions Code.
HISTORY:
1.
New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending Note fi
led 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
Regulations
185
§ 1399.99.1 PROFESSIONAL & VOCATIONAL REGULATIONS
Regulations
§ 1399.99. Exemption from Continuing Competency Requirements.
At the time of applying for renewal of a license, a licensee may request
an exemption from the continuing competency requirements. The request for
exemption must provide the following information:
(a) Evidence that during the renewal period prior to the expiration of the
license, the licensee was residing in another country for one year or longer,
reasonably preventing completion of the continuing competency requirements;
or
(b) Evidence that the licensee was absent from California because of
military service for a period of one year or longer during the renewal period,
preventing completion of the continuing competency requirements; or
(c) Evidence that the licensee should be exempt from the continuing
competency requirements for reasons of health or other good cause which
include:
(1) Total physical and/or mental disability for one (1) year or more during
the renewal period and the inability to work during this period has been
verified by a licensed physician or surgeon or licensed clinical psychologist;
or
(2) Total physical and/or mental disability for one (1) year or longer of an
immediate family member for whom the licensee had total responsibility, as
verified by a licensed physician or surgeon or licensed clinical psychologist.
(d) An exemption under this section shall not be granted for two consecutive
renewal periods. In the event a licensee cannot complete continuing competency
requirements following an exemption, the licensee may only renew the license
in an inactive status.
NOTE: Authority cited: Sections 2615 and 2649, Business and Professions Code. Reference: Sections
2644 and 2649, Business and Professions Code.
HISTORY:
1. New section fi led 10-7-2009; operative 11-6-2009 (Register 2009, No. 41).
2.
Change without regulatory effect amending Note filed 7-6-2017 pursuant to section 100, title 1,
California Code of Regulations (Register 2017, No. 27).
ARTICLE 14.
SPONSORED FREE HEALTH CARE
EVENTS — REQUIREMENTS FOR EXEMPTION
[REPEALED]
§ 1399.99.1. Defi nitions. [Repealed]
NOTE: Authority cited: Sections 901 and 2615, Business and Professions Code. Reference: Section
901, Business and Professions Code.
HISTORY:
1. New article 14 (sections 1399.99.1-1399.99.4) and section fi led 1-15-2013; operative 4-1-2013 (Reg-
ister 2013, No. 3).
2.
Editorial correction of History 1 (Register 2013, No. 4).
3.
Change without regulatory effect repealing article 14 (sections 1399.99.1-1399.99.4) and repeal-
ing section fi led 4-13-2022 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 2022, No. 15).
186
PHYSICAL THERAPY BOARD § 1399.99.4
§ 1399.99.2. Sponsoring Entity Registration and Recordkeeping
Requirements. [Repealed]
NOTE: Authority cited: Sections 901 and 2615, Business and Professions Code. Reference: Section
901, Business and Professions Code.
HISTORY:
1.
New section fi
led 1-15-2013; operative 4-1-2013 (Register 2013, No. 3).
2. Change without regulatory effect amending subsections (a) and (b) fi
led 8-28-2014 pursuant to
section 100, title 1, California Code of Regulations (Register 2014, No. 35).
3.
Change without regulatory effect repealing section fi
led 4-13-2022 pursuant to section 100, title 1,
California Code of Regulations (Register 2022, No. 15).
§ 1399.99.3. Out-of-State Practitioner Authorization to Participate
in Sponsored Event) Request for Authorization to Participate.
[Repealed]
NOTE: Authority cited: Sections 901 and 2615, Business and Professions Code. Reference: Section
901, Business and Professions Code.
HISTORY:
1.
New section fi
led 1-15-2013; operative 4-1-2013 (Register 2013, No. 3).
2.
Change without regulatory effect repealing section fi
led 4-13-2022 pursuant to section 100, title 1,
California Code of Regulations (Register 2022, No. 15).
§ 1399.99.4. Termination of Authorization and Appeal. [Repealed]
NOTE: Authority cited: Sections 901 and 2615, Business and Professions Code. Reference: Section
901, Business and Professions Code.
HISTORY:
1.
New section fi
led 1-15-2013; operative 4-1-2013 (Register 2013, No. 3).
2.
Change without regulatory effect repealing section fi
led 4-13-2022 pursuant to section 100, title 1,
California Code of Regulations (Register 2022, No. 15).
Regulations
187
Regulations
HEALTH AND SAFETY CODE
DIVISION 106
PERSONAL HEALTH CARE (INCLUDING
MATERNAL, CHILD, AND ADOLESCENT)
HISTORY: Added Stats 1995 ch 415 § 8.
PART 1
GENERAL ADMINISTRATION
HISTORY: Added Stats 1995 ch 415 § 8.
CHAPTER 1
PATIENT ACCESS TO HEALTH RECORDS
HISTORY: Added Stats 1995 ch 415 § 8.
§ 123110. Inspection of records; Copying of records; Violations; Con-
struction of section
(a) Notwithstanding Section 5328 of the Welfare and Institutions Code, and
except as provided in Sections 123115 and 123120, any adult patient of a
health care provider, any minor patient authorized by law to consent to
medical treatment, and any patient’s personal representative shall be entitled
to inspect patient records upon presenting to the health care provider a request
for those records and upon payment of reasonable costs, as specified in
subdivision (k). However, a patient who is a minor shall be entitled to inspect
patient records pertaining only to health care of a type for which the minor is
lawfully authorized to consent. A health care provider shall permit this
inspection during business hours within five working days after receipt of the
request. The inspection shall be conducted by the patient or patient’s personal
representative requesting the inspection, who may be accompanied by one
other person of their choosing.
(b)(1) Additionally, any patient or patient’s personal representative shall be
entitled to a paper or electronic copy of all or any portion of the patient
records that they have a right to inspect, upon presenting a request to the
health care provider specifying the records to be copied, together with a fee
to defray the costs of producing the copy or summary, as specified in
subdivision (k). The health care provider shall ensure that the copies are
transmitted within 15 days after receiving the request.
(2) The health care provider shall provide the patient or patient’s personal
representative with a copy of the record in the form and format requested if
it is readily producible in the requested form and format, or, if not, in a
readable paper copy form or other form and format as agreed to by the health
189
Health & Safety Code
§ 123110 HEALTH AND SAFETY CODE
Health & Safety Code
care provider and the patient or patient’s personal representative. If the
requested patient records are maintained electronically and if the patient or
patient’s personal representative requests an electronic copy of those re-
cords, the health care provider shall provide them in the electronic form and
format requested if they are readily producible in that form and format, or,
if not, in a readable electronic form and format as agreed to by the health
care provider and the patient or patient’s personal representative.
(c) Copies of X-rays or tracings derived from electrocardiography, electroen-
cephalography, or electromyography need not be provided to the patient or
patient’s personal representative under this section, if the original X-rays or
tracings are transmitted to another health care provider upon written request
of the patient or patient’s personal representative and within 15 days after
receipt of the request. The request shall specify the name and address of the
health care provider to whom the records are to be delivered. All reasonable
costs, not exceeding actual costs, incurred by a health care provider in
providing copies pursuant to this subdivision may be charged to the patient or
representative requesting the copies.
(d)(1) Notwithstanding any provision of this section, and except as provided
in Sections 123115 and 123120, a patient, employee of a nonprofit legal
services entity representing the patient, or the personal representative of a
patient, is entitled to a copy, at no charge, of the relevant portion of the
patient’s records, upon presenting to the provider a written request, and
proof that the records or supporting forms are needed to support a claim or
appeal regarding eligibility for a public benefit program, a petition for U
nonimmigrant status under the Victims of Trafficking and Violence Protec-
tion Act, or a self-petition for lawful permanent residency under the Violence
Against Women Act. A public benefit program includes the Medi-Cal pro-
gram, the In-Home Supportive Services Program, the California Work
Opportunity and Responsibility to Kids (CalWORKs) program, Social Secu-
rity Disability Insurance benefits, Supplemental Security Income/State
Supplementary Program for the Aged, Blind and Disabled (SSI/SSP) ben-
efits, federal veterans service-connected compensation and nonservice con-
nected pension disability benefits, CalFresh, the Cash Assistance Program
for Aged, Blind, and Disabled Legal Immigrants, and a government-funded
housing subsidy or tenant-based housing assistance program.
(2) Although a patient shall not be limited to a single request, the patient,
employee of a nonprofit legal services entity representing the patient, or
patient’s personal representative shall be entitled to no more than one copy
of any relevant portion of their record free of charge.
(3) This subdivision shall not apply to any patient who is represented by
a private attorney who is paying for the costs related to the patient’s claim
or appeal, pending the outcome of that claim or appeal. For purposes of this
subdivision, “private attorney” means any attorney not employed by a
nonprofit legal services entity.
(e) If a patient, employee of a nonprofit legal services entity representing the
patient, or the patient’s personal representative requests a record pursuant to
subdivision (d), the health care provider shall ensure that the copies are
transmitted within 30 days after receiving the written request.
(f) This section shall not be construed to preclude a health care provider
from requiring reasonable verification of identity prior to permitting inspection
190
HEALTH AND SAFETY CODE § 123110
or copying of patient records, provided this requirement is not used oppres-
sively or discriminatorily to frustrate or delay compliance with this section.
This section does not supersede any rights that a patient or personal repre-
sentative might otherwise have or exercise under Section 1158 of the Evidence
Code or any other provision of law. This chapter does not require a health care
provider to retain records longer than required by applicable statutes or
administrative regulations.
(g)(1) This chapter shall not be construed to render a health care provider
liable for the quality of their records or the copies provided in excess of
existing law and regulations with respect to the quality of medical records.
A health care provider shall not be liable to the patient or any other person
for any consequences that result from disclosure of patient records as
required by this chapter. A health care provider shall not discriminate
against classes or categories of providers in the transmittal of X-rays or
other patient records, or copies of these X-rays or records, to other providers
as authorized by this section.
(2) Every health care provider shall adopt policies and establish proce-
dures for the uniform transmittal of X-rays and other patient records that
effectively prevent the discrimination described in this subdivision. A health
care provider may establish reasonable conditions, including a reasonable
deposit fee, to ensure the return of original X-rays transmitted to another
health care provider, provided the conditions do not discriminate on the
basis of, or in a manner related to, the license of the provider to which the
X-rays are transmitted.
(h) Any health care provider described in paragraphs (4) to (10), inclusive, of
subdivision (a) of Section 123105 who willfully
violates this chapter is guilty of
unprofessional conduct. Any health care provider described in paragraphs (1)
to (3), inclusive, of subdivision (a) of Section 123105 that willfully violates this
chapter is guilty of an infraction punishable by a fine of not more than one
hundred dollars ($100). The state agency, board, or commission that issued the
health care provider’s professional or institutional license shall consider a
violation as grounds for disciplinary action with respect to the licensure,
including suspension or revocation of the license or certificate.
(i) This section prohibits a health care provider from withholding patient
records or summaries of patient records because of an unpaid bill for health
care services. Any health care provider who willfully withholds patient records
or summaries of patient records because of an unpaid bill for health care
services is subject to the sanctions specified in subdivision (h).
(j)(1) Except as provided in subdivision (d), a health care provider may
impose a reasonable, cost-based fee for providing a paper or electronic copy
or summary of patient records, provided the fee includes only the cost of the
following:
(A) Labor for copying the patient records requested by the patient or
patient’s personal representative, whether in paper or electronic form.
(B) Supplies for creating the paper copy or electronic media if the
patient or patient’s personal representative requests that the electronic
copy be provided on portable media.
(C) Postage, if the patient or patient’s personal representative has
requested the copy, or the summary or explanation, be mailed.
191
Health & Safety Code
Health & Safety Code
§ 123110 HEALTH AND SAFETY CODE
(D) Preparing an explanation or summary of the patient record, if
agreed to by the patient or patient’s personal representative.
(2) The fee from a health care provider shall not exceed twenty-five cents
($0.25) per page for paper copies or fifty cents ($0.50) per page for records
that are copied from microfilm.
HISTORY:
Added Stats 1995 ch 415 § 8 (SB 1360). Amended Stats 2001 ch 325 § 1 (AB 1311); Stats 2017 ch
513 § 2 (SB 241), effective January 1, 2018; Stats 2017 ch 626 § 1.5 (SB 575), effective January 1, 2018
(ch 626 prevails); Stats 2020 ch 101 § 2 (AB 2520), effective January 1, 2021.
192
INDEX
A
ABUSE.
Reporting of abuse, Pen §11166.
ACUPUNCTURE.
Out-of-state infractions by licensees,
B&P §141.
ADMINISTRATIVE CITATIONS, 16
CCR §§1399.25 to 1399.29.
Compliance with orders of
abatement, 16 CCR §1399.27.
Contents, 16 CCR §1399.25.
Contest of citations, 16 CCR §1399.29.
Form of citation, 16 CCR §1399.25.
Grounds, 16 CCR §1399.25.
Unlicensed practice, 16 CCR §1399.28.
ADVERTISING, B&P §651, 16 CCR
§1398.10.
Group advertising and referral
services, B&P §650.3.
AFFIDAVITS AND DECLARATIONS.
Physical therapy professional
corporations.
Affidavit of compliance by, Corp
§13409.
ALCOHOLIC BEVERAGES.
Conviction for use, B&P §2239.
Impaired practitioners, B&P §§820 to
828.
Permissible actions, B&P §822.
Reinstatement to practice, B&P §823.
ALCOHOL OR DRUG USE.
Rehabilitation program, B&P §§2662
to 2669.
ALTERATION OF WRITINGS.
Diplomas, B&P §581.
Health care providers’ certifications,
B&P §581.
Medical certification, B&P §581.
ARBITRATION.
Medical malpractice.
Settlement of arbitration claims.
Negligence, error or omission in
practice, B&P §801.01.
Self-insurers.
Reports of settlement or
arbitration awards, B&P
§801.1.
ASSISTANTS.
See PHYSICAL THERAPIST
ASSISTANTS.
B
BOARD, B&P §§2602 to 2615.
Collections from licensees.
Monthly collection report and payment,
B&P §2681.
Physical therapy fund.
Collections paid into fund, B&P
§2682.
Contract authority, B&P §2607.
Definitions, 16 CCR §1398.3.
Delegation of functions, 16 CCR
§1398.4.
Duties, B&P §2605.
Employees, B&P §§2607, 2607.5.
Executive officer, B&P §2607.5.
Fiscal administration.
Monthly collection report and payment,
B&P §2681.
Hearings, B&P §2614.
Inspection of patient records, B&P
§2608.5.
Meetings, B&P §§2611, 2612.
Membership, B&P §2603.
Professional corporations.
Authority of board over professional
therapy corporations, B&P §2690.
Rulemaking to implement certain
provisions, B&P §2696.
Qualifications, B&P §2603.5.
Records, B&P §2680.
Register of licensees, B&P §2680.
Regulations, B&P §2615.
Rulemaking to implement
provisions, B&P §2615.
Citation of regulations, 16 CCR §1398.
Term of office, B&P §2604.
BUSINESS AND OCCUPATIONAL
LICENSES.
Addresses of licensees.
Notification as to changes, B&P §136.
Applicability of law, B&P §476.
Applications.
Abandonment dates, B&P §142.
Arrest records, B&P §§144.5, 461.
I-1
Index
Index
INDEX
BUSINESS AND OCCUPATIONAL
LICENSES —Cont’d
BUSINESS AND OCCUPATIONAL
LICENSES —Cont’d
Certificates to practice.
Applications, B&P §583.
Fraud in obtaining, B&P §583.
Inactive, B&P §§700 to 704.
Reinstatement, B&P §823.
Complaint procedure, B&P §129.
Criminal convictions.
Arrests not resulting in convictions,
B&P §461.
Consumer Affairs Department
handling, B&P §119.
Denial, suspension or revocation of
license, B&P §§480, 490.
Local or state agency.
Provision of records by, B&P §144.5.
Pleas of guilty or nolo contendere, B&P
§§480, 490.
Record of conviction.
Evidentiary effect, B&P §493.
Relation to qualifications and duties,
B&P §493.
Denial of license, B&P §§475 to 489.
Drug diversion program.
Effect of completion, B&P §4 92.
Grounds, B&P §§480 to 489.
Hearing rights, B&P §§485, 487, 489.
Reapplications, B&P §§486, 489.
Withdrawal of application.
Effect on jurisdiction, B&P §118.
Disciplinary action.
Discrimination by licensees, B&P
§125.6.
Drug diversion program.
Effect of completion, B&P §4 92.
Employee wage record violations, B&P
§140.
Forfeiture, or surrender of license.
Effect on jurisdiction, B&P §118.
Public reprovals, B&P §495.
Records, B&P §800.
Suspension or revocation of license,
B&P §§490to493.
Discrimination.
Licensees, B&P §125.6.
Display of licenses.
Health-related professions, B&P §104.
Drug diversion programs, B&P §492.
Examinations for licensure.
Impersonation of another, B&P §584.
Subversion of, B&P §§123, 123.5, 496.
Violation of security, B&P §584.
Fingerprinting of applicants, B&P
§144.
I-2
Fraud or deceit.
License obtained by, B&P §§498, 499.
Hearing rights on license denial,
B&P §§485, 487, 489.
Inactive licensees, B&P §462.
Local regulation, B&P §§460 to 464.
Military personnel.
Reinstatement of expired license, B&P
§§114 to 118.
Inquiry as to military status, B&P
§114.5.
Waiver of fees and requirements,
B&P §114.3.
Service experience.
Application toward license
requirements, B&P §114.5.
Misdemeanor offenses by licensees,
B&P §§119 to 129.
Misrepresentation or omission.
License obtained by, B&P §§498, 499.
Notice that practitioner licensed.
Rulemaking to require, B&P §138.
Out-of-state infractions by licensees,
B&P §141.
Physical therapist licenses generally.
See LICENSES FOR PHYSICAL
THERAPISTS.
Probation records, B&P §144.5.
Public reprovals, B&P §495.
Records, B&P §800.
Renewal dates.
Late fees, B&P §142.
Synchronized renewal dates, B&P
§142.
Retired licensees, B&P §464.
Sale of equipment, supplies, etc, for
use in violating licensing
provisions, B&P §128.
Suspension or revocation of license,
B&P §§490to493.
C
CARE MANAGEMENT, B&P §2622.
CENTRAL FILE OF CERTIFICATE
HOLDERS, B&P §800.
CERTIFICATES TO PRACTICE.
Applications, B&P §583.
Fraud in obtaining, B&P §583.
Inactive, B&P §§700 to 704.
Reinstatement, B&P §823.
INDEX
CHILD ABUSE AND NEGLECT.
Mandated reporters.
Willful failure to report, Pen §11166.
CHILD ABUSE REPORTS.
Failure to report by mandated
reporter, Pen §11166.
CITATIONS.
Administrative citations, 16 CCR
§§1399.25 to 1399.29.
Compliance with orders of abatement,
16 CCR §1399.27.
Contents, 16 CCR §1399.25.
Contest of citations, 16 CCR §1399.29.
Form of citation, 16 CCR §1399.25.
Grounds, 16 CCR §1399.25.
Unlicensed practice, 16 CCR §1399.28.
Disciplinary action.
Guidelines for issuing citations and
imposing discipline, 16 CCR
§1399.15.
CLINICAL LABORATORIES AND
TECHNICIANS.
Information disclosure to patients.
Academic qualifications and board
certifications, B&P §680.5.
Insurance fraud, B&P §810.
Licenses.
Inactive, B&P §§700 to 704.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
CODE OF PROFESSIONAL
CONDUCT, B&P §2623.
COLLUSION.
Malpractice awards, collusive failure
to report, B&P §802.
COMMUNITY STANDARDS, B&P
§725.
Health professional licensees, B&P
§725.
COMPLAINTS AND
INVESTIGATIONS, B&P §800.
CONSPIRACY.
Consumer Affairs Department
handling conspiracy offenses,
B&P §125.
CONSUMER AFFAIRS
DEPARTMENT.
Complaint procedure, B&P §129.
Conspiracy offenses, handling of,
B&P §125.
CONSUMER AFFAIRS
DEPARTMENT —Cont’d
Consumer contracts.
Settlement provisions in agreements.
Prohibited provisions, B&P §143.5.
Licenses.
Armed forces members.
Initial licensure process, B&P
§115.4.
Examination, subversion or attempting
to subvert, B&P §123.
Incarceration at time of satisfaction of
requirements for license, B&P
§480.5.
Unlawful use of, B&P §119.
Notice that practitioner licensed.
Rulemaking to require, B&P §138.
Witness fees, B&P §108.5.
CONTINUING EDUCATION FOR
PHYSICAL THERAPISTS, B&P
§2650.
Authorized pathways for obtaining
hours, 16 CCR §1399.94.
Content standards for continuing
competency, 16 CCR §1399.92.
Continuing competency required, 16
CCR §1399.91.
Continuing competency subject
matter requirements, 16 CCR
§1399.93.
Exemption from continuing
competency requirements, 16
CCR §1399.99.
Recordkeeping, 16 CCR §1399.97.
Renewal of license, B&P §2649.
Standards for approval agencies, 16
CCR §1399.95.
Standards for approved providers,
16 CCR §1399.96.
CONTRACTS.
Consumer contracts.
Settlement provisions in agreements.
Prohibited provisions, B&P §143.5.
CORPORATIONS.
See PROFESSIONAL CORPORATIONS.
CRIME REPORTS AND
REPORTING.
Health practitioner reports.
Injury resulting from criminal activity,
Pen §11160.
CRIMINAL LAW AND PROCEDURE.
Business and occupational licenses.
Sale of equipment, supplies, etc, for
use in violating licensing
provisions, B&P §128.
Index
I-3
Index
D
DEFINITIONS.
ABPTS.
Continuing education, 16 CCR
§1399.90.
Accredited institution.
Continuing education, 16 CCR
§1399.90.
Approved agency.
Continuing education, 16 CCR
§1399.90.
Approved provider.
Continuing education, 16 CCR
§1399.90.
APTA.
Continuing education, 16 CCR
§1399.90.
Arrange for.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
Board.
Physical therapy board, 16 CCR
§1398.3.
Code.
Physical therapy board, 16 CCR
§1398.3.
Committee.
Physical therapy, B&P §2601.
Contractor, B&P §702.
CPTA.
Continuing education, 16 CCR
§1399.90.
Deferred interest provision.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
Diagnostic imaging.
Referral restrictions, B&P §650.01.
Disqualified person, Corp §13401.
Electroneuromyography.
Electromyography certification, 16
CCR §1399.60.
Financial interest.
Referral restrictions, B&P §650.01.
Foreign professional corporation,
Corp §13401.
FSBPT.
Continuing education, 16 CCR
§1399.90.
Hour.
Continuing education, 16 CCR
§1399.90.
I-4
INDEX
DEFINITIONS —Cont’d
Immediate family.
Referral restrictions, B&P §650.01.
Insurer, B&P §801.
Kinesiological electromyography.
Electromyography certification, 16
CCR §13
99.60.
License.
Physical therapy board, 16 CCR
§1398.3.
Licensee.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
Physical therapy board, 16 CCR
§1398.6.
Referral restrictions, B&P §650.01.
Licensee’s office.
Open-end credit for services, B&P
§654.3.
Referral restrictions, B&P §650.01.
Multidisciplinary board or
association.
Professions and occupations, B&P
§651.
Office of a group practice.
Referral restrictions, B&P §650.01.
Open-end credit.
Open-end credit for services, B&P
§654.3.
Patient.
Open-end credit for services, B&P
§654.3.
Person.
Health care advertising, B&P §653.
Physical handicap, B&P §125.6.
Physical therapist, B&P §§2601, 2622,
16 CCR §1399.60.
Physical therapist assistant, B&P
§2601.
Physical therapist technician, B&P
§§2601, 2622.
Physical therapy, B&P §2620.
Physical therapy aide, B&P §2601.
Physical therapy practice act, 16
CCR §1398.3.
Physiotherapy, B&P §2601.
Private attorney.
Medical records, H&S §123110.
Professional corporation, Corp
§13401.
Professional services.
Professional corporations, Corp
§§13401, 13401.3.
INDEX
DEFINITIONS —Cont’d
Public communication.
Professions and occupations, B&P
§651.
State governmental agency, B&P
§801.
Topical medications, 16 CCR §1399.76.
Unprofessional conduct.
Physical therapist, B&P §2660.
DIRECT PHYSICAL THERAPY
TREATMENT, B&P §2621.
DISCIPLINARY ACTION, B&P §§2660
to 2661.7.
Administrative procedure act,
applicability, B&P §2608.
Denial and reinstatement of
licensure.
Rehabilitation criteria, 16 CCR
§1399.21.
Denial of license, B&P §§480 to 489.
Grounds, B&P §2660.5.
Examination security violations as
grounds for discipline, B&P
§§496, 499.
Guidelines for issuing citations and
imposing discipline, 16 CCR
§1399.15.
Issuance of Initial Probationary
License, 16 CCR §1399.16.
Probationary licenses, B&P §2660.2.
Registered sex offenders.
Required actions against, 16 CCR
§1399.23.
Reprimands.
Public letter of reprimand.
Formal accusation, in lieu of, B&P
§2660.3.
License refusal, in lieu of, B&P
§2660.2.
Reprovals, public, B&P §495.
Sexual misconduct with client, B&P
§§726, 2660.1.
Substantial relationship criteria, 16
CCR §1399.20.
Subversion of licensing examination,
B&P §2660.7.
Suspension/revocation of license,
B&P §§490to493.
Rehabilitation criteria, 16 CCR
§1399.22.
Types of discipline which may be
imposed, B&P §2660.8.
Unprofessional conduct, B&P §2660,
16 CCR §1399.24.
DISCLOSURE.
Academic qualifications and board
certifications.
Information disclosure to patients,
B&P §680.5.
Beneficial interests in referral
laboratories, B&P §654.2.
DISCRIMINATION.
Business and occupational licensees,
discrimination by, B&P §125.6.
DOCTOR.
Use of title, B&P §2274.
DRUG DIVERSION PROGRAMS.
Business and occupation licensees
participation in, B&P §492.
DRUGS AND NARCOTICS.
Convictions or violations.
Effect of drug conviction or violation on
status, B&P §§2237, 2238.
Impaired practitioners, B&P §§820 to
828.
Permissible actions, B&P §822.
Reinstatement to practice, B&P §823.
DR, USE OF TITLE, B&P §2274.
E
EDUCATION.
Physical therapy schools, 16 CCR
§§1398.30 to 1398.38.
See PHYSICAL THERAPY SCHOOLS.
Schools generally.
See SCHOOLS.
ELECTROMYOGRAPHY
CERTIFICATION, 16 CCR
§§1399.60 to 1399.70.
Application for certification, 16 CCR
§1399.62.
Certification renewal, 16 CCR
§1399.68.
Definitions, 16 CCR §1399.60.
Electromyography reports, 16 CCR
§1399.70.
Examination subject areas.
Electroneuromyography, 16 CCR
§1399.67.
Kinesiological electromyography, 16
CCR §1399.66.
Fees, 16 CCR §1399.54.
Kinesiological electromyography.
Examination required, 16 CCR
§1399.65.
Index
I-5
Index
INDEX
ELECTROMYOGRAPHY
CERTIFICATION —Cont’d
Kinesiological electromyography
—Cont’d
Examination subject areas, 16 CCR
§1399.66.
Requirements for certification, 16 CCR
§1399.63.
Required to perform
electromyographical evaluation,
16 CCR §1399.61.
Requirements for
electroneuromyography
authorization, 16 CCR §1399.64.
Suspension or revocation, 16 CCR
§1399.69.
EMAIL ADDRESS.
Licenses for physical therapists, 16
CCR §1398.6.
EMERGENCY MEDICAL CARE.
Immunity from liability.
Out-of-state licensees, services during
state of emergency, B&P §900.
Out-of-state health care licensees
serving during emergency,
immunity, B&P §900.
EXAMINATIONS FOR LICENSURE.
Examining committee, B&P §§2602 to
2615.
Licenses for physical therapists.
Applications and examinations, 16
CCR §§1398.20 to 1398.28.
See LICENSES FOR PHYSICAL
THERAPISTS.
Subversion of licensing examination,
B&P §2660.7.
EXCESSIVE PRESCRIPTIONS OR
TREATMENT, B&P §725.
EXEMPTIONS FROM LICENSURE
REQUIREMENTS, B&P §2630.5.
F
FEES, 16 CCR §1399.50.
Electromyography certification fees,
16 CCR §1399.54.
Licenses for physical therapists, B&P
§§2687 to 2689.
Initial license fees, failure to pay, 16
CCR §1398.23.
Schedule of fees, 16 CCR §1399.54.
I-6
FEE SPLITTING.
Professional corporations, Corp
§13408.5.
FINANCIAL INTERESTS IN
HEALTH-RELATED FACILITIES.
Disclosure, B&P §654.2.
FINES AND CIVIL PENALTIES.
Administrative citations,
16 CCR
§§1399.25 to 1399.29.
Business and occupational licenses.
Sale of equipment, supplies, etc., for
use in violating licensing
provisions, B&P §128.
Child abuse reports.
Failure to report by mandated
reporter, Pen §11166.
FINGERPRINTS.
Business and occupational licensees,
B&P §144.
FOREIGN GRADUATES, B&P §§2653,
2654.
Applications for licensure, 16 CCR
§1398.26.
Clinical service requirements, 16
CCR §1398.26.5.
FOREIGN PROFESSIONAL
CORPORATIONS, Corp §13404.5.
Applicability of Business and
Professions Code, Corp §13410.
Application statements, Corp
§13404.5.
Certificates of registration, Corp
§13404.5.
Suspension or revocation, Corp §13407.
Definition of professional
corporation, Corp §13401.
Degree of liability, Corp §13404.5.
Governmental agency regulating
profession, professional
corporation subject to, Corp
§13410.
Licensing requirements for persons
rendering services, Corp §13405.
Name, Corp §13409.
Qualification to transact business,
Corp §13404.5.
Shares.
Transfer and repurchase of shares,
Corp §13407.
FRAUDULENT DIPLOMAS.
Procurement, B&P §581.
Use, B&P §582.
INDEX
FRAUDULENT MEDICAL
RECORDS, B&P §§580 to 585.
H
HEALTH CARE FACILITIES.
Rebates for patient referrals, B&P
§650.
Violation of provisions, B&P §652.
HEALTH CARE PROVIDERS.
Information disclosure to patients.
Academic qualifications and board
certifications, B&P §680.5.
Personal injuries.
Violence, reports on, Pen §11160.
HEALTH CARE SERVICE PLANS.
Advertising, B&P §651.3.
HEALTH INSURANCE.
Advertising, B&P §651.3.
Financial interest.
Provider in entity to which patients
are referred, B&P §654.2.
HEALTH PROFESSIONS.
Sexual misconduct, B&P §726.
I
IDENTIFICATION.
Physical therapy aides.
Name tags, 16 CCR §1398.11.
IMMUNITY FROM LIABILITY.
Medical care.
Out-of-state practitioners, B&P §900.
IMPAIRED PRACTITIONERS, B&P
§§820 to 828.
Permissible actions, B&P §822.
Reinstatement to practice, B&P §823.
IMPERSONATION OF PHYSICAL
THERAPIST, B&P §584.
Unprofessional conduct.
Impersonation of another practitioner,
B&P §2289.
INACTIVE STATUS LICENSEES,
B&P §§700 to 704, 16 CCR §1399.98.
INCOMPETENCE.
Constituting unprofessional conduct,
B&P §2234.
INITIATION OF TREATMENT
DIRECTLY FROM LICENSED
THERAPIST, B&P §2620.1.
INSPECTION.
Board.
Inspection of patient records by board,
B&P §2608.5.
Medical records, H&S §123110.
INSURANCE FRAUD.
Health care professionals, grounds
for discipline, B&P §810.
L
LICENSES FOR PHYSICAL
THERAPISTS, B&P §§2630 to
2639.1.
Address of record, 16 CCR §1398.6.
Applications and examinations, 16
CCR §§1398.20 to 1398.28.
Abandonment of applications, 16 CCR
§1398.21.
Clinical service requirements for
foreign educated applicants, 16
CCR §139
8.26.5.
Credentials evaluation services, 16
CCR §1398.25.
English proficiency, 16 CCR
§1398.26.3.
Examining committee, B&P §§2602 to
2615.
Failure to pass the examination, 16
CCR §1398.21.1.
Failure to pay initial license fee, 16
CCR §1398.23.
Foreign educated graduates,
applications of, 16 CCR §1398.26.
Graduates of non-accredited physical
therapy educational programs, 16
CCR §1398.26.1.
Impersonation of another, B&P §584.
Place of filing, 16 CCR §1398.20.
Subversion of licensing examination,
B&P §2660.7.
Uniform written examination, 16 CCR
§1398.28.
Violation of security, B&P §584.
E-mail address, 16 CCR §1398.6.
Fees, B&P §§2687 to 2689.
Initial license fees, failure to pay, 16
CCR §1398.23.
General provisions applying to all
business and occupational
licensees.
See BUSINESS AND
OCCUPATIONAL LICENSES.
Index
I-7
Index
INDEX
LICENSES FOR PHYSICAL
THERAPISTS —Cont’d
Graduates of non-accredited
physical therapy educational
programs.
English proficiency, 16 CCR
§1398.26.3.
Satisfactory documentary evidence of
equivalent degree for licensure, 16
CCR §1398.26.1.
Inactive status, B&P §§700 to 704, 16
CCR §1399.98.
Name change, 16 CCR §1398.6.
Practice by applicants, 16 CCR
§1399.10.
Probationary licenses, B&P §2660.2.
Protection of public paramount, B&P
§2602.1.
Public letter of reprimand in lieu of
refusing license, B&P §2660.2.
Qualifications and requirements for
licensure, B&P §§2636 to 2639.1.
Register of licensees, B&P §2680.
Renewal, B&P §§2644 to 2649.
Renewal of license.
Application, B&P §2644.
Continuing education requirements,
B&P §2649.
Expiration date, B&P §2644.
Failure to renew within time limits,
B&P §2647.
Fees.
Exempt persons, B&P §2648.
Notice of renewal fee, B&P §2645.
Waivers, B&P §§2648.3, 2648.5.
Notice of renewal fee, B&P §2645.
Time limits for renewal after
expiration, B&P §2646.
Residence address, 16 CCR §1398.6.
Sunset, B&P §2602.
Suspensions, B&P §2661.7.
Unlicensed practice, citation for, 16
CCR §1399.28.
LOANS.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
LOCATION OF OFFICE, 16 CCR
§1398.1.
M
M.D., USE OF TITLE, B&P §2274.
MEDI-CAL.
Fraud.
Health care professionals, B&P §810.
MEDICAL, HOSPITAL OR LEGAL
SERVICES CORPORATIONS.
Licensed person holding office in,
Corp §13401.5.
MEDICAL MALPRACTICE.
Awards.
Collusive failure to report awards,
B&P §802.
Community standards, B&P §725.
Disciplinary action, B&P §2234.
Emergency, state of, immunity of
out-of-state health care licensees,
B&P §900.
Reports of actions by self-insuring
public agencies, B&P §801.1.
MEDICAL RECORDS, B&P §2620.7.
Fraudulent medical records, B&P
§§580 to 585.
Patient access.
Inspection and copying by patient’s
attorney, H&S §123110.
Withholding access due to unpaid bill,
H&S §123110.
Patient record maintenance, B&P
§2620.7, 16 CCR §1398.13.
Refusal to comply with board
request, B&P §2660.4.
MILITARY PERSONNEL.
Business and occupational licenses.
Initial licensure process, B&P §115.4.
Reinstatement after expiration, B&P
§§114 to 118.
Inquiry as to military status, B&P
§114.5.
Physical therapist assistants.
Equivalent training or experience, 16
CCR §1398.47.
N
NAMES.
Professional corporations, B&P
§2693, Corp §13409.
NAME TAGS, CONTENT, B&P §680.
NOTICE TO CONSUMERS.
Form NTC 12-01, 16 CCR §1398.15.
NUTRITION.
Practice of medicine, nutritional
advice not to include, B&P §2068.
I-8
INDEX
O
OCCUPATIONAL THERAPISTS.
Corporate practice, Corp §13401.5.
OFFENSES AGAINST CHAPTER,
B&P §§2670, 2672.
OUT-OF-STATE INFRACTIONS BY
LICENSEES, B&P §141.
P
PERSONAL INJURIES.
Violence, reports on, Pen §11160.
PHYSICAL THERAPIST
ASSISTANTS.
Fees.
Schedule of fees, 16 CCR §1399.52.
Licensing, B&P §2630.3.
Equivalent training or experience, 16
CCR §1398.47.
General education requirements, 16
CCR §1398.47.
Graduates of non-accredited physical
therapy educational programs.
English proficiency, 16 CCR
§1398.26.3.
Satisfactory documentary evidence of
equivalent degree for licensure,
16 CCR §1398.26.1.
Practice by applicants, 16 CCR
§1399.12.
Work experience, 16 CCR §1398.47.
Supervision, B&P §§2622, 2630.3.
Adequate supervision, 16 CCR
§1398.44.
PHYSICAL THERAPIST ASSISTANT
SCHOOLS, 16 CCR §§1398.50 to
1398.52.
Approved physical therapist
assistant education programs.
Criteria for approval, 16 CCR
§1398.51.
List of approved schools, 16 CCR
§1398.50.
Students.
Identification and supervision of, 16
CCR §1398.52.
PHYSICAL THERAPY AIDES, B&P
§§2622, 2630, 2630.4.
Identification.
Name tags, 16 CCR §1398.11.
PHYSICAL THERAPY AIDES
—Cont’d
Requirements for use of aides, 16
CCR §1399.
PHYSICAL THERAPY BOARD.
See BOARD.
PHYSICAL THERAPY
CORPORATIONS.
Professional corporations generally,
B&P §§2690to2696, Corp §§13400
to 13410.
See PROFESSIONAL
CORPORATIONS.
PHYSICAL THERAPY
REGULATIONS.
Citation of regulations, 16 CCR §1398.
PHYSICAL THERAPY SCHOOLS, 16
CCR §§1398.30 to 1398.38.
Approved physical therapist
educational programs.
Criteria for approval, 16 CCR
§1398.31.
List of approved education programs,
16 CCR §1398.30.
Foreign educated applicants.
Criteria for approval of physical
therapy facilities, 16 CCR
§1398.38.
Students.
Identification and supervision of, 16
CCR §1398.37.
PHYSICIANS AND SURGEONS.
Open-end credit or loan for services
with deferred interest, B&P
§654.3.
Opticians, profit-sharing or co-
ownership arrangements with,
B&P §654.
Referral to physician.
When required, B&P §2620.1.
PRACTICE OF PHYSICAL
THERAPY.
Certificate to practice.
Applications, B&P §583.
Fraud in obtaining, B&P §583.
Inactive status, B&P §§700 to 704, 16
CCR §1399.98.
Reinstatement, B&P §823.
Professional corporations.
Standards for conducting practice,
B&P §2692.
Related health sciences, 16 CCR
§1398.12.
Index
I-9
Index
INDEX
PRESCRIPTIONS.
Excessive prescriptions or
treatment, B&P §725.
PRISONERS.
Business licenses.
Incarceration at time of satisfaction of
requirements for business license,
B&P §480.5.
PRIVATE POSTSECONDARY AND
CAREER TECHNICAL
INSTITUTIONS.
Bureau for private postsecondary
education.
Licenses.
Disciplinary action, grounds, B&P
§480.2.
PROBATIONARY LICENSES, B&P
§2660.2.
PROFESSIONAL CORPORATIONS,
B&P §§2690to2696, Corp §§13400
to 13410.
Administrative disciplinary boards,
authority of, Corp §13410.
Affidavit of compliance, Corp §13409.
Applicability of provisions
governing, Corp §13402.
Articles of incorporation, Corp
§13404.
Board.
Authority of board over professional
therapy corporations, B&P §2690.
Rulemaking to implement certain
provisions, B&P §2696.
Business and Professions code,
professional corporations subject
to, Corp §13410.
Certificates of registration.
Necessity for, Corp §13404.
Revocation of, Corp §§13407 to
13408.5.
Citation of regulations, 16 CCR
§1399.30.
Corporate activities, 16 CCR §1399.39.
Corporate practice, Corp §13401.5.
Corporation Law, applicability, Corp
§13403.
Death of shareholder, purchase of
shares after, Corp §13407.
Definitions, B&P §2690, Corp §§13401,
13401.3.
Directors and officers, Corp §13403.
Licensing as physical therapist, B&P
§2694.
PROFESSIONAL CORPORATIONS
—Cont’d
Directors and officers —Cont’d
Medical corporations, Corp §13403.
One or two shareholder companies,
Corp §13403.
Disciplinary agencies, authority of,
Corp §13410.
Disqualified person, employment of,
Corp §13408.
Disqualified shareholders.
Acquisition of shares, Corp §13407.
Definition, Corp §13401.
Employment or retention, Corp
§13408.
Fee splitting, Corp §13408.5.
Financial statements, confidentiality,
Corp §13406.
Foreign professional corporations,
Corp §13404.5.
Formation, Corp §13404.
General Corporation Law,
applicability of, Corp §13403.
Healing arts corporations,
permissible shareholders, Corp
§13401.5.
Kickbacks, Corp §13408.5.
Licenses.
Definition of licensed person, Corp
§13401.
Employees of corporations, licenses of,
Corp §13405.
Foreign professional corporations,
licensing requirements for, Corp
§13405.
Officers, licensed persons as, Corp
§13401.5.
Requirement, Corp §§13404, 13405.
Name, B&P §2693, Corp §13409.
Officers, Corp §§13401.5, 13403.
Other states, rendering professional
services in, Corp §13405.
Practice of physical therapy.
Standards for conducting practice,
B&P §2692.
Proxy voting, Corp §13406.
Qualified members of, Corp §13401.5.
Requirement for professional
corporations, 16 CCR §1399.35.
Retroactive operation of provisions
governing, Corp §13402.
Shareholders.
Licensing as physical therapist, B&P
§2694.
Disqualified persons.
Income receipt by disqualified
persons, B&P §2695.
I-10
INDEX
PROFESSIONAL CORPORATIONS
—Cont’d
Shareholders —Cont’d
REFERRALS —Cont’d
Patient referrals —Cont’d
Sole shareholders, disqualification,
Corp §13408.
Shares, Corp §§13406, 13407.
Authorized shareholders, Corp
§13401.5.
Deceased or disqualified shareholders,
acquisition of shares, Corp §13407.
Issuance to licensed persons, Corp
§13406.
Legal and equitable title to shares, 16
CCR §1399.40.
Ownership and transfer of shares, 16
CCR §1399.37.
Purchase of own shares, Corp §13407.
Transfers to licensed persons, Corp
§13407.
Sole shareholders, disqualification,
Corp §13408.
Suspension or revocation of
certificate, Corp §13408.
Deceased or disqualified shareholder,
failure to acquire shares of, Corp
§13407.
Fee splitting and kickbacks, Corp
§13408.5.
Term of office of director, Corp
§13403.
Violations of provisions.
Unprofessional conduct, B&P §2691.
Voting trusts, Corp §13406.
Yacht and ship brokers, Corp
§13401.3.
PROFESSIONAL REPORTING.
Complaints and investigations, B&P
§800.
PROFIT-SHARING OR CO-
OWNERSHIP ARRANGEMENTS.
Opticians and medical licensees,
agreements between, B&P §654.
PUBLIC FUNDS.
Physical therapy fund, B&P §2682.
R
REBATES FOR PATIENT
REFERRALS.
Violation of provisions, B&P §652.5.
REFERRALS.
Patient referrals.
Lab tests, B&P §§650.01, 650.02.
Physician Ownership and Referral Act
of 1993, B&P §§650.01, 650.02.
Rebates for patient referrals.
Violation of provisions, B&P §652.5.
I
Physician, referral to.
When required, B&P §2620.1.
REGISTER OF LICENSEES, B&P
§2680.
RETAIL MARIJUANA.
Cannabis entrepreneurship
program.
Business ownership and employment
in cannabis market.
Duties of bureau, B&P §2646.
Grant applications, B&P §2644.
Technical assistance, B&P §2644.
S
SCHOOLS.
Accredited programs, B&P §2651.
Foreign graduates, B&P §§2653, 2654.
Applications for licensure, 16 CCR
§1398.26.
Clinical service requirements, 16 CCR
§13
98.26.5.
Fraudulent diplomas.
Procurement, B&P §581.
Use, B&P §582.
Graduates of non-accredited
physical therapy educational
programs.
Licenses for physical therapists.
English proficiency, 16 CCR
§1398.26.3.
Satisfactory documentary evidence of
equivalent degree for licensure,
16 CCR §1398.26.1.
Physical therapist assistant schools,
16 CCR §§1398.50 to 1398.52.
See PHYSICAL THERAPIST
ASSISTANT SCHOOLS.
Physical therapy schools, 16 CCR
§§1398.30 to 1398.38.
See PHYSICAL THERAPY SCHOOLS.
Students, performance of therapy.
Identification as such during period of
clinical practice, B&P §2633.7.
SECRETARY OF STATE.
Professional corporations, filing
affidavit of compliance by, Corp
§13409.
ndex
I-11
Index
INDEX
SENTENCE AND PUNISHMENT.
Medical records fraud, B&P §585.
SETTLEMENT AND COMPROMISE.
Medical malpractice.
Self-insurers.
Reports of settlement or arbitration
awards, B&P §801.1.
SEXUAL EXPLOITATION.
Reporting requirements, Pen §11166.
SEXUAL HARASSMENT, B&P
§§2660.1, 2660.1.
SEXUAL MISCONDUCT.
Clients, sexual misconduct with, B&P
§§726, 2660.1.
Registered sex offenders.
Required actions against, 16 CCR
§1399.23.
SHORT TITLE OF PHYSICAL
THERAPY PRACTICE ACT, B&P
§2600.
SITE OF SERVICES, B&P §136.
STUDENTS.
Identification as such during period
of clinical practice, B&P §2633.7.
SUBSTANCE ABUSE PROGRAMS.
Rehabilitation programs, B&P §§2662
to 2669.
T
TIME.
Professional corporation
shareholder, time for purchasing
shares after death of, Corp
§13407.
TISSUE PENETRATION, B&P
§2620.5.
TITLES.
Use of certain titles, B&P §2633.5.
TOPICAL MEDICATIONS, 16 CCR
§§1399.75 to 1399.79.
Application of, B&P §2620.3, 16 CCR
§1399.77.
Authorization and protocols
required, 16 CCR §1399.78.
Compliance with regulations, 16 CCR
§1399.75.
Defined, 16 CCR §1399.76.
List of authorized agents, 16 CCR
§1399.79.
U
UNPROFESSIONAL CONDUCT.
Community standards, B&P §725.
Disciplinary action, B&P §2660, 16
CCR §1399.24.
Drug convictions or violations, B&P
§§2237, 2238.
Impersonation of another
practitioner,
B&P §2289.
Incompetence as constituting, B&P
§2234.
V
VETERANS.
Business and occupational licenses.
Military service experience, application
to license requirements, B&P
§114.5.
W
WORKERS’ COMPENSATION.
Fraud.
Health care professionals, B&P §810.
Referrals law, exemption from, B&P
§650.01.
I-12
