Section § 200

Explanation

This section allows the department to collect and manage money for any board within the department, as long as the board agrees. The money is then given to the State Treasury, where it is credited to the board's fund. Also, the department handles refunds with the board's consent.

Notwithstanding any other provisions of this code, any revenues, collections, or receipts accruing to any board in the department may, in the manner determined by the director and with the consent of the board concerned, be received and deposited by the department, and in such case shall be accounted for to the board and remitted by the department to the State Treasury in accordance with law for credit to the fund of such board. Notwithstanding Section 158 of this code, all refunds shall be made by the department with the consent of the board.

Section § 200.1

Explanation

This law states that any extra money added to certain funds after September 11, 1993, because of new laws, won't be taken away as per the rules of the 1993 Budget Act. This protection applies to specific funds like those for athletic commissions and contractors. However, the Medical Board of California's Contingent Fund isn't included in this protection.

(a)CA Business and Professions Code § 200.1(a) Any accruals that occur on or after September 11, 1993, to any funds or accounts within the Professions and Vocations Fund that realize increased revenues to that fund or account as a result of legislation enacted on or after September 11, 1993, and that have not been transferred pursuant to Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993 on the effective date of the act that enacted this section, shall be exempt from the transfers contained in Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993. These funds shall include, but not be limited to, all of the following:
(1)CA Business and Professions Code § 200.1(a)(1) Athletic Commission Fund.
(2)CA Business and Professions Code § 200.1(a)(2) Bureau of Home Furnishings and Thermal Insulation Fund.
(3)CA Business and Professions Code § 200.1(a)(3) Contractors License Fund.
(4)CA Business and Professions Code § 200.1(a)(4) Private Investigator Fund.
(5)CA Business and Professions Code § 200.1(a)(5) Respiratory Care Fund.
(6)CA Business and Professions Code § 200.1(a)(6) Vocational Nursing and Psychiatric Technicians Fund.
(b)CA Business and Professions Code § 200.1(b) Subdivision (a) shall not apply to the Contingent Fund of the Medical Board of California.

Section § 201

Explanation

This section allows the department to charge its different boards and agencies for estimated administrative costs, but these charges have limits. The department needs to report these expenses to the Legislature by July 1 each year. Additionally, the department must study whether their current way of dividing costs is the best method. This includes looking into whether some services should be outsourced or only charged when used, and whether agencies should have the option to decline some services and charges. The findings from this study should also be included in the report to the Legislature.

(a)Copy CA Business and Professions Code § 201(a)
(1)Copy CA Business and Professions Code § 201(a)(1) A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies, at the discretion of the director and with the approval of the Department of Finance.
(2)CA Business and Professions Code § 201(a)(2) The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year.
(b)CA Business and Professions Code § 201(b) The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015.

Section § 202

Explanation

This law section outlines how expenses are managed for different boards under a department. The State Controller is responsible for drawing funds from each board to cover its part of the department's administrative costs. Importantly, funds from one board cannot be used to pay the expenses of another board. Additionally, the law allows for the transfer of funds among boards for certain purposes, like a release time bank, if there's an agreement similar to what's used by other state agencies.

(a)CA Business and Professions Code § 202(a) Upon proper presentation of claims by the department to the State Controller, the State Controller shall draw his or her warrant against any of the funds of any one of the boards to cover its share of the estimated administrative expenses of the department. The fund of one board shall not be used to pay the expenses of any other board.
(b)CA Business and Professions Code § 202(b) Nothing in this section or in Section 401 shall prohibit the transfer of funds for a release time bank of any board, commission, or bureau of the department pursuant to a memorandum of understanding on the same terms and conditions applicable to other state agencies.

Section § 202.5

Explanation

Before charging any board for legal services, the Department of Justice must provide a detailed bill that lists each service provided and how much time was spent on each one.

Prior to payment to the Department of Justice of any charges for legal services rendered to any board within the department, the Department of Justice shall submit to the board an itemized statement of the services and charges. The itemized statement shall include detailed information regarding the services performed and the amount of time billed for each of those services.

Section § 203

Explanation

This law requires that any money received goes to the State Treasurer, who puts it into a special fund called the Consumer Affairs Fund. The department uses the money in this fund to cover its essential operating costs.

The amount of the warrant shall be remitted to the State Treasurer by the department for credit to the Consumer Affairs Fund. The department shall pay all of its necessary administrative expenses out of the Consumer Affairs Fund.

Section § 204

Explanation

This section allows for a small amount of money, up to 1% of the total budget for certain boards, to be used as needed without first providing detailed receipts or records. This fund is meant for quick cash needs. However, after two years or whenever the Department of Finance asks, detailed records must be submitted and checked by the State Controller to ensure the money was used properly.

A sum, not to exceed 1 percent of the total amount appropriated for all of the boards herein mentioned may be withdrawn from the Consumer Affairs Fund without at the time furnishing vouchers and itemized statements. This sum shall be used as a revolving fund where cash advances are necessary, and at the close of each biennium, or at any other time, upon demand of the Department of Finance, shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller.

Section § 205

Explanation

This law establishes a Professions and Vocations Fund within the State Treasury, consisting of various special funds for different professional fields such as accountancy, architecture, dentistry, and more. Each special fund within this larger fund is treated as a separate account, and the money in each account can only be used for specific purposes outlined by law. These accounts cover a wide range of professions including medicine, engineering, and veterinary services, among others. The law will take effect on July 1, 2026.

(a)CA Business and Professions Code § 205(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)CA Business and Professions Code § 205(a)(1) Accountancy Fund.
(2)CA Business and Professions Code § 205(a)(2) California Architects Board Fund.
(3)CA Business and Professions Code § 205(a)(3) Athletic Commission Fund.
(4)CA Business and Professions Code § 205(a)(4) Barbering and Cosmetology Contingent Fund.
(5)CA Business and Professions Code § 205(a)(5) Cemetery and Funeral Fund.
(6)CA Business and Professions Code § 205(a)(6) Contractors License Fund.
(7)CA Business and Professions Code § 205(a)(7) State Dentistry Fund.
(8)CA Business and Professions Code § 205(a)(8) California Architects Board-Landscape Architects Fund.
(9)CA Business and Professions Code § 205(a)(9) Contingent Fund of the Medical Board of California.
(10)CA Business and Professions Code § 205(a)(10) Optometry Fund.
(11)CA Business and Professions Code § 205(a)(11) Pharmacy Board Contingent Fund.
(12)CA Business and Professions Code § 205(a)(12) Physical Therapy Fund.
(13)CA Business and Professions Code § 205(a)(13) Private Security Services Fund.
(14)CA Business and Professions Code § 205(a)(14) Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
(15)CA Business and Professions Code § 205(a)(15) Consumer Affairs Fund.
(16)CA Business and Professions Code § 205(a)(16) Behavioral Sciences Fund.
(17)CA Business and Professions Code § 205(a)(17) Licensed Midwifery Fund.
(18)CA Business and Professions Code § 205(a)(18) Court Reporters’ Fund.
(19)CA Business and Professions Code § 205(a)(19) California Veterinary Medical Board Contingent Fund.
(20)CA Business and Professions Code § 205(a)(20) Vocational Nursing and Psychiatric Technicians Fund.
(21)CA Business and Professions Code § 205(a)(21) Acupuncture Fund.
(22)CA Business and Professions Code § 205(a)(22) Physician Assistant Fund.
(23)CA Business and Professions Code § 205(a)(23) Board of Podiatric Medicine Fund.
(24)CA Business and Professions Code § 205(a)(24) Psychology Fund.
(25)CA Business and Professions Code § 205(a)(25) Respiratory Care Fund.
(26)CA Business and Professions Code § 205(a)(26) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(27)CA Business and Professions Code § 205(a)(27) Board of Registered Nursing Fund.
(28)CA Business and Professions Code § 205(a)(28) Animal Health Technician Examining Committee Fund.
(29)CA Business and Professions Code § 205(a)(29) State Dental Hygiene Fund.
(30)CA Business and Professions Code § 205(a)(30) Structural Pest Control Fund.
(31)CA Business and Professions Code § 205(a)(31) Structural Pest Control Education and Enforcement Fund.
(32)CA Business and Professions Code § 205(a)(32) Structural Pest Control Research Fund.
(33)CA Business and Professions Code § 205(a)(33) Household Goods and Services Fund.
(34)CA Business and Professions Code § 205(a)(34) Naturopathic Doctor’s Fund.
(b)CA Business and Professions Code § 205(b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)CA Business and Professions Code § 205(c) This section shall become operative on July 1, 2026.

Section § 205.1

Explanation
This law establishes that the Medical Cannabis Regulation and Safety Act Fund is part of the larger Professions and Vocations Fund. It follows specific rules outlined in another part of the law (Section 205, subdivision b), even though the usual rules for Section 205, subdivision a don't apply here.
Notwithstanding subdivision (a) of Section 205, the Medical Cannabis Regulation and Safety Act Fund is a special fund within the Professions and Vocations Fund, and is subject to subdivision (b) of Section 205.

Section § 205.2

Explanation

This law states that any mention of the 'State Dental Assistant Fund' should be understood as referring to the 'State Dentistry Fund.' All money that was in the State Dental Assistant Fund had to be moved to the State Dentistry Fund by July 1, 2022. After that date, the State Dental Assistant Fund no longer exists.

Whenever any reference is made in any provision of this code to the “State Dental Assistant Fund,” it means the State Dentistry Fund. All moneys within the State Dental Assistant Fund shall be deposited into the State Dentistry Fund by July 1, 2022. On July 1, 2022, the State Dental Assistant Fund shall be abolished.

Section § 205.3

Explanation

This law section states that all money in the Dispensing Opticians Fund should be transferred to the Optometry Fund by July 1, 2022. After this date, the Dispensing Opticians Fund will no longer exist.

Whenever any reference is made in any provision of this code to the “Dispensing Opticians Fund,” it means the Optometry Fund. All moneys within the Dispensing Opticians Fund shall be deposited into the Optometry Fund by July 1, 2022. On July 1, 2022, the Dispensing Opticians Fund shall be abolished.

Section § 206

Explanation

If someone writes a bad check to pay for a fee, fine, or penalty, they can't get the license or approval they want until they pay what they owe plus any extra fees. The board might also require that future payments be made with a cashier’s check or money order.

Notwithstanding any other provision of law, any person tendering a check for payment of a fee, fine, or penalty that was subsequently dishonored, shall not be granted a license, or other authority that they were seeking, until the applicant pays the amount outstanding from the dishonored payment together with the applicable fee, including any delinquency fee. The board may require the person whose check was returned unpaid to make payment of all fees by cashier’s check or money order.

Section § 207

Explanation

This law section explains that money from fines and penalties collected by a regulatory body isn't automatically available to spend whenever they want. Instead, spending this money has to be officially approved by the state Legislature. It also mentions that the annual Budget Act can allocate all the money in a fund, whether it's usually available for immediate use or not, for use in a given budget year.

(a)CA Business and Professions Code § 207(a) Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b)CA Business and Professions Code § 207(b) Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.

Section § 208

Explanation

Starting April 1, 2025, certain licensed professionals will need to pay a $15 annual fee to help fund the CURES system, which monitors controlled substance prescriptions. This fee will be collected during license renewals, but the fee may be reduced if the costs are less. Those with inactive or retired licenses normally won’t have to pay, unless they are authorized to handle controlled substances. The money gathered will go into a special fund to support the system's operation. Specific boards will work with the state justice department to keep the system running effectively, with the goal of regulating specific licensees.

(a)CA Business and Professions Code § 208(a) Beginning April 1, 2025, a Controlled Substance Utilization Review and Evaluation System (CURES) fee of fifteen dollars ($15) shall be assessed annually on each of the licensees specified in subdivision (b) to pay the reasonable costs associated with operating and maintaining CURES for the purpose of regulating those licensees. The fee assessed pursuant to this subdivision shall be billed and collected by the regulating agency of each licensee at the time of the licensee’s license renewal. If the reasonable regulatory cost of operating and maintaining CURES is less than fifteen dollars ($15) per licensee, the Department of Consumer Affairs, by regulation, may reduce the fee established by this section to the reasonable regulatory cost.
(b)Copy CA Business and Professions Code § 208(b)
(1)Copy CA Business and Professions Code § 208(b)(1) Licensees authorized pursuant to Section 11150 of the Health and Safety Code to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances or pharmacists licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2.
(2)CA Business and Professions Code § 208(b)(2) Licensees issued a license that has been placed in a retired or inactive status pursuant to a statute or regulation are exempt from the CURES fee requirement in subdivision (a). This exemption shall not apply to licensees whose license has been placed in a retired or inactive status if the licensee is at any time authorized to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances.
(3)CA Business and Professions Code § 208(b)(3) Wholesalers, third-party logistics providers, nonresident wholesalers, and nonresident third-party logistics providers of dangerous drugs licensed pursuant to Article 11 (commencing with Section 4160) of Chapter 9 of Division 2.
(4)CA Business and Professions Code § 208(b)(4) Nongovernmental clinics licensed pursuant to Article 13 (commencing with Section 4180) and Article 14 (commencing with Section 4190) of Chapter 9 of Division 2.
(5)CA Business and Professions Code § 208(b)(5) Nongovernmental pharmacies licensed pursuant to Article 7 (commencing with Section 4110) of Chapter 9 of Division 2.
(c)CA Business and Professions Code § 208(c) The funds collected pursuant to subdivision (a) shall be deposited in the CURES Fund, which is hereby created within the State Treasury. Moneys in the CURES Fund, upon appropriation by the Legislature, shall be available to the Department of Consumer Affairs to reimburse the Department of Justice for costs to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
(d)CA Business and Professions Code § 208(d) The Department of Consumer Affairs shall contract with the Department of Justice on behalf of the Medical Board of California, the Dental Board of California, the California State Board of Pharmacy, the Veterinary Medical Board, the Board of Registered Nursing, the Physician Assistant Board, the Osteopathic Medical Board of California, the California Board of Naturopathic Medicine, the State Board of Optometry, and the Podiatric Medical Board of California to operate and maintain CURES for the purposes of regulating the licensees specified in subdivision (b).
(e)CA Business and Professions Code § 208(e) This section shall become operative on April 1, 2025.

Section § 209

Explanation

This law requires the California Department of Justice and the Department of Consumer Affairs to make the process of accessing the CURES Prescription Drug Monitoring Program easier for healthcare professionals and pharmacists dealing with certain controlled substances. They need to simplify the application process, make it possible for practitioners to delegate access to this database, and allow practitioners without a DEA number to opt-out of this system if they choose.

The Department of Justice, in conjunction with the Department of Consumer Affairs and the boards and committees identified in subdivision (d) of Section 208, shall do all of the following:
(a)CA Business and Professions Code § 209(a) Identify and implement a streamlined application and approval process to provide access to the CURES Prescription Drug Monitoring Program (PDMP) database for licensed health care practitioners eligible to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances and for pharmacists. Every reasonable effort shall be made to implement a streamlined application and approval process that a licensed health care practitioner or pharmacist can complete at the time that they are applying for licensure or renewing their license.
(b)CA Business and Professions Code § 209(b) Identify necessary procedures to enable licensed health care practitioners and pharmacists with access to the CURES PDMP to delegate their authority to access reports from the CURES PDMP.
(c)CA Business and Professions Code § 209(c) Develop a procedure to enable health care practitioners who do not have a federal Drug Enforcement Administration (DEA) number to opt out of applying for access to the CURES PDMP.

Section § 210

Explanation

This law explains how California's Department of Consumer Affairs can enter a contract for the BreEZe system, a tool for managing licenses and cases, after notifying key legislative committees. The cost must align with approved project expenses. The department must report on the use of BreEZe by licensing personnel by the end of 2014. It also allows, under certain conditions, for budget increases to cover BreEZe costs with non-General Fund money, following specific notifications and approvals.

(a)Copy CA Business and Professions Code § 210(a)
(1)Copy CA Business and Professions Code § 210(a)(1) The department may enter into a contract with a vendor for the BreEZe system, the integrated, enterprisewide enforcement case management and licensing system described in the department’s strategic plan, no sooner than 30 days after notification in writing to the chairpersons of the Appropriations Committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee.
(2)CA Business and Professions Code § 210(a)(2) The amount of BreEZe system vendor contract funds, authorized pursuant to this section, shall be consistent with the project costs approved by the office of the State Chief Information Officer based on its review and approval of the most recent BreEZe Special Project Report to be submitted by the department prior to contract award at the conclusion of procurement activities.
(3)CA Business and Professions Code § 210(a)(3) Paragraph (2) shall apply to all Budget Act items for the department that have an appropriation for the BreEZe system.
(b)Copy CA Business and Professions Code § 210(b)
(1)Copy CA Business and Professions Code § 210(b)(1) If the department enters into a contract with a vendor for the BreEZe system pursuant to subdivision (a), the department shall, by December 31, 2014, submit to the Legislature, the Senate Committee on Business, Professions and Economic Development, the Assembly Committee on Business and Professions, and the budget committees of each house, a report analyzing the workload of licensing personnel employed by boards within the department participating in the BreEZe system.
(2)CA Business and Professions Code § 210(b)(2) A report to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(3)CA Business and Professions Code § 210(b)(3) This subdivision shall become inoperative on December 1, 2018, pursuant to Section 10231.5 of the Government Code.
(c)Copy CA Business and Professions Code § 210(c)
(1)Copy CA Business and Professions Code § 210(c)(1) Notwithstanding any other provision of law, upon the request of the Department of Consumer Affairs, the Department of Finance may augment the budgets of the boards, bureaus, commissions, committees, programs, and divisions that comprise the Department of Consumer Affairs, as defined in Section 101, for expenditure of non-General Fund moneys to pay BreEZe project costs. The augmentation may be made no sooner than 30 days after notification in writing to the chairpersons of the committees in each house of the Legislature that consider appropriations and the Chairperson of the Joint Legislative Budget Committee, or no sooner than whatever lesser time the chairperson of the joint committee may in each instance determine. The amount of funds augmented pursuant to the authority of this subdivision shall be consistent with project cost increases approved by the Secretary of California Technology based on the secretary’s review and approval of the most recent BreEZe Special Project Report to be submitted at the conclusion of procurement activities. This subdivision shall apply to all Budget Act items for the boards, bureaus, commissions, committees, programs, and divisions that comprise the Department of Consumer Affairs, as defined in Section 101, that have an appropriation for the BreEZe system in the Budget Act of 2011.
(2)CA Business and Professions Code § 210(c)(2) This subdivision shall become inoperative upon enactment of the Budget Act of 2012.

Section § 211

Explanation

If a department in California hires an outside consultant to examine how it operates, it must send the consultant's final report to the relevant legislative policy committees. However, before doing so, any confidential information that can't be shared under the California Public Records Act must be removed.

If the department hires a third-party consultant to assess the department’s operations, the department shall, promptly upon receipt of the consultant’s final report on that assessment, submit that report to the appropriate policy committees of the Legislature after omitting any information that is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).