California

Business and Professions Code - BPC

10,525 sections, each with the official text and a plain-English explanation of what it means for you.

• § 2497.5 — (a) The board may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to direct any licensee found guilty of unprofess
• § 2498 — (a) The board shall have the responsibility for reviewing the quality of podiatric medical practice carried out by persons licensed to practice podiatric medicine.
• § 2499 — (a) There is in the State Treasury the Board of Podiatric Medicine Fund.
• § 2499.5 — The following fees apply to certificates to practice podiatric medicine.
• § 2499.6 — The fees in this article shall be fixed by the board in accordance with Section 313.
• § 2499.7 — (a) Certificates to practice podiatric medicine shall expire at midnight on the last day of the birth month of the licensee during the second year of a two-year term.
• § 2499.8 — Any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice podiatric medicine due to a disability may request a waiver of the license renewal fee.
• § 2500 — The boards acknowledge the significant interest of physicians and patients alike in integrating preventative approaches and holistic-based alternatives into the practice of medicine, including, but no
• § 25000 — (a) Each manufacturer, importer, and wholesaler of beer shall file and thereafter maintain on file with the department, in such form as the department may provide, a written schedule of selling prices
• § 25000.2 — (a) For purposes of this section: (1) “Acquire” means to purchase, receive, assume, obtain, or otherwise come into possession or control of.
• § 25000.5 — (a) Every beer manufacturer, whether located within or without the state, who sells and distributes beer in this state shall designate territorial limits in the state within which the brands of beer m
• § 25000.6 — (a) A provision in an agreement between a beer manufacturer and a beer wholesaler for the sale and distribution of beer in this state, which restricts venue to a forum outside this state, is void with
• § 25000.7 — (a) Notwithstanding the provisions of any agreement for the sale or distribution of beer between a beer manufacturer and beer wholesaler, no sale or distribution agreement shall be terminated solely f
• § 25000.9 — (a) Any beer manufacturer who unreasonably withholds consent or unreasonably denies approval of a sale, transfer, or assignment of any ownership interest in a beer wholesaler’s business with respect t
• § 25001 — The schedule of prices filed may be changed or modified from time to time by the licensee filing it by filing with the department either a new and complete schedule of prices or an amendment thereto o
• § 25002 — The first schedule of prices filed by a licensee shall be effective immediately upon filing, but an amendatory schedule or amendments to a prior filed schedule is not effective until ten (10) days aft
• § 25003 — Filed price schedules are subject to public inspection only after they take effect.
• § 25004 — Upon the filing of an original schedule of prices and after the effective date of any schedule of amendatory prices, all prices therein stated shall be strictly adhered to by the filing licensee, and
• § 25005 — Any director, officer, agent, or employee of any licensee who knowingly assists or aids in the violation of this chapter or any effective posted price or any rule of the department passed to carry out
• § 25006 — The department may adopt such rules, including but not limited to rules respecting beer price posting, as will foster and encourage the orderly wholesale marketing and wholesale distribution of beer,
• § 25007 — Except as provided in Section 25000.
• § 25008 — (a) Any trade association having as members licensed beer manufacturers or licensed beer wholesalers representing more than half of the volume of beer sold in California for three months prior to the
• § 25009 — Any defendant in any action brought under this chapter or any person who may be a witness therein under Title 4 (commencing with Section 2016.
• § 2501 — In fulfilling their responsibilities under this article, the boards shall , on or before July 1, 2002, establish disciplinary policies and procedures to reflect emerging and innovative medical practic
• § 25010 — The department shall not suspend or revoke the license of any licensee for a violation of the provisions of this chapter or a rule adopted pursuant thereto unless he has committed, within a period of
• § 2505 — This article shall be known and may be cited as the Licensed Midwifery Practice Act of 1993.
• § 2506 — As used in this article the following definitions shall apply: (a) “Board” means the Medical Board of California.
• § 2507 — (a) The license to practice midwifery authorizes the holder to attend cases of normal pregnancy and childbirth, as defined in paragraph (1) of subdivision (b), and to provide prenatal, intrapartum, an
• § 2508 — (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of the following: (1) All of the provisions o
• § 2509 — The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board, and members of the public who have an inter
• § 2510 — If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and surgeon about labor up to the point of the
• § 2511 — (a) No person, other than one who has been licensed to practice midwifery by the board, shall hold himself or herself out as a licensed midwife, or use any other term indicating or implying that he or
• § 2511.5 — Each application for licensure as a licensed midwife shall be made upon an online electronic form, or other form, provided by the board, and each application form shall contain a legal verification by
• § 2512 — The board shall issue a license to practice midwifery to all applicants who meet the requirements of this article and who pay the fee required by Section 2520.
• § 2512.5 — A person is qualified for a license to practice midwifery when he or she satisfies one of the following requirements: (a) (1) Successful completion of a three-year postsecondary midwifery education pr
• § 2513 — (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and clinical experience.
• § 2513.5 — The Medical Board of California shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for a midwife license, as d
• § 2514 — (a) Nothing in this chapter shall be construed to prevent a bona fide student from engaging in the practice of midwifery in this state, as part of his or her course of study, if both of the following
• § 2514.5 — (a) Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements.
• § 2515 — The board shall approve specific educational programs intended to meet the requirements of subdivision (a) of Section 2512.
• § 2515.5 — Each applicant shall show by evidence satisfactory to the board that he or she has met the educational standards established by the board pursuant to this article or the equivalent thereof.
• § 2516 — (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually report to the Department of Health Care Acce
• § 2516.5 — (a) As used in this section, the following definitions apply: (1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative, clerical, and midwife technical supporti
• § 2517 — A person who has been convicted of a misdemeanor violation of Section 2052, prior to the effective date of this article, shall not be barred from licensure under this article solely because of that co
• § 25170 — Any person who delivers to the premises of any on- or off-sale general licensee, or any on- or off-sale general licensee who has upon his licensed premises, or any person who possesses any distilled s
• § 25171 — Any rectifier or wholesaler of distilled spirits who delivers to the premises of any on- or off-sale general licensee or any on- or off-sale general licensee who sells or has in his possession at the
• § 25171.1 — The provisions of Section 25171 shall not apply to any sightseeing, tourist or charter vessels holding on-sale general licenses for boats and regularly operated for the convenience of the general publ
• § 25172 — Any unlicensed person or any on- or off-sale general licensee who has in his possession any distilled spirits in packages or containers larger than one gallon is guilty of a misdemeanor, unless the di
• § 25173 — Any industrial alcohol dealer, distilled spirits manufacturer, craft distiller, brandy manufacturer, or rectifier who delivers undenatured ethyl alcohol or other distilled spirits in packages of more
• § 25174 — The department may seize any distilled spirits sold, served, removed, possessed, delivered, or held in any manner in violation of Sections 25170 to 25173, inclusive.
• § 25175 — Any person who sells at retail any potable spirituous liquor product labeled as whiskey, including blended whiskey and blends of straight whiskeys, except products containing 20 or more percent of str
• § 25176 — Every person who refills or causes to be refilled with distilled spirits any distilled spirits container is guilty of a misdemeanor.
• § 25177 — Every person who sells, offers for sale, or keeps for sale distilled spirits in any package which has been refilled or partly refilled is guilty of a misdemeanor.
• § 25178 — No on-sale general licensee or any person employed by such licensee shall sell, offer for sale, or keep for sale an empty distilled spirits bottle.
• § 25179 — (a) Only agave spirits produced entirely from agaves grown within California, without flavoring or coloring additives, may be labeled with the words “California agave spirits” or any combination of th
• § 2518 — (a) Licenses issued pursuant to this article shall be renewable every two years upon payment of the fee prescribed by Section 2520 and submission of documentation that the licenseholder has completed
• § 2519 — The board may suspend, revoke, or place on probation the license of a midwife for any of the following: (a) Unprofessional conduct, which includes, but is not limited to, all of the following: (1) Inc
• § 2519.5 — (a) Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following criteria: (1) It shall be reviewed by one or more
• § 2520 — (a) (1) The fee to be paid upon the filing of a license application shall be four hundred fifty dollars ($450).
• § 25200 — (a) A package or sealed container of beer shall not be sold in this state without having a label affixed to such package or container.
• § 25201 — (a) A manufacturer, importer, or wholesaler of beer shall not use a container or carton as a package or container of a beer other than the beer as is manufactured by the manufacturer whose name or bra
• § 25202 — (a) Manufacturers’ names, brand names, print, or markings first placed on returnable beer containers, metal kegs, or cartons made of wood or fiber board shall not be obliterated, mutilated, or marked
• § 25203 — Every manufacturer or bottler of beer in this State or elsewhere whose beer is sold within the State shall file with the department the brand name or names under which he sells or labels his draught b
• § 25205 — (a) Any container of beer or alcoholic beverage, other than sake, that is approved for labeling as a malt beverage under the Federal Alcohol Administration Act (27 U.
• § 25206 — No retailer shall dispense any draught beer upon which the proper tap sign or draught beer sign is not displayed or the manufacturer or bottler of which has not complied with this article.
• § 2521 — Any person who violates this article is guilty of a misdemeanor.
• § 2522 — (a) A person whose license has been voluntarily surrendered while under investigation or while charges are pending or whose license has been revoked or suspended or placed on probation, may petition t
• § 2523 — (a) Except as provided in subdivisions (b) and (c), the board shall revoke the license of any person who has been required to register as a sex offender pursuant to Section 290 of the Penal Code for c
• § 25235 — It is unlawful for any person to sell to any on- or off-sale licensee or to deliver to the premises of any on- or off-sale licensee, or for any on- or off-sale licensee to sell or to have upon his or
• § 25236 — Only dry wine produced entirely from grapes grown within the Counties of Sonoma, Napa, Mendocino, Lake, Santa Clara, Santa Cruz, Alameda, San Benito, Solano, San Luis Obispo, Contra Costa, Monterey, a
• § 25237 — It is unlawful to make any representation that a wine is produced entirely from grapes grown in the counties mentioned in Section 25236 unless the representation is true.
• § 25238 — Every winegrower or bottler of wine of any kind within the counties specified in Section 25236 shall keep a record of all wine not produced by him or her and obtained and used by him or her for any pu
• § 25239 — Every person who, with intent to defraud, either falsely makes, alters, forges, or counterfeits the label for any wine or uses the label or bottle of any wine belonging to another, without his or her
• § 25240 — (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.
• § 25241 — (a) (1) The Legislature finds and declares that for more than a century, Napa Valley and Napa County have been widely recognized for producing grapes and wine of the highest quality.
• § 25242 — (a) (1) The Legislature finds and declares that for more than a century, certain California counties have been widely recognized for producing grapes and wine of the highest quality.
• § 25243 — No provision of this article shall preclude a wine from using, on any label, packaging material, or advertising, either (a) a truthful, nonmisleading appellation of origin that complies with Section 4
• § 25244 — (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.
• § 25245 — (a) Any wine labeled with a viticultural area appellation of origin established pursuant to Part 9 (commencing with Section 9.
• § 25246 — (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.
• § 25247 — (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.
• § 25248 — (a) Any wine labeled with an American Viticultural Area established pursuant to Part 9 (commencing with Section 9.
• § 2525 — (a) It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility issued a state lic
• § 2525.1 — The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.
• § 2525.2 — An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California, the California Board of Podiatric Medicine, or the Osteopathic Medi
• § 2525.3 — Recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional conduct.
• § 2525.4 — It is unprofessional conduct for any attending physician recommending medical cannabis to be employed by, or enter into any other agreement with, any person or entity dispensing medical cannabis.
• § 2525.5 — (a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers: NOTICE TO C
• § 2529.8.1 — (a) A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic trainer,” “registered athletic trainer,” or any
• § 2530 — This act may be cited as the “Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act.
• § 2530.1 — The Legislature finds and declares that the practice of speech-language pathology and audiology and hearing aid dispensing in California affects the public health, safety, and welfare and there is a n
• § 2530.2 — As used in this chapter, unless the context otherwise requires: (a) “Board” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
• § 2530.3 — (a) A person represents themselves to be a speech-language pathologist when they hold themselves out to the public by any title or description of services incorporating the words “speech pathologist,”
• § 2530.4 — Nothing in this chapter shall be construed as authorizing a speech-language pathologist or audiologist to practice medicine, surgery, or any other form of healing, except that authorized by Section 25
• § 2530.5 — (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a phy
• § 2530.6 — (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.
• § 2530.7 — (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023.
• § 2531 — (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of
• § 2531.02 — Protection of the public shall be the highest priority for the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in exercising its licensing, regulatory, and disciplinary functi
• § 2531.06 — (a) The board is vested with the duties, powers, purposes, responsibilities, and jurisdiction over the licensing and regulation of hearing aid dispensers as provided under Article 8 (commencing with S
• § 2531.1 — (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that member’s successor or until one year has elapsed since the expi
• § 2531.2 — The membership of the board shall include two licensed speech-language pathologists, two licensed audiologists, one of whom shall be an audiologist that dispenses hearing aids, two licensed hearing ai
• § 2531.3 — The board shall examine every applicant for a speech-language pathology license or an audiology license at the time and place designated by the board in its discretion, but at least once in each year;
• § 2531.4 — The board shall have full authority to investigate and to evaluate each and every applicant applying for a license to practice speech-language pathology or a license to practice audiology and to deter
• § 2531.5 — The board shall issue, suspend, and revoke licenses and approvals to practice speech-language pathology and audiology as authorized by this chapter.
• § 2531.6 — The Governor has power to remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional conduct.
• § 2531.7 — The board shall elect annually a chairperson and vice chairperson from among its members.
• § 2531.75 — (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer.
• § 2531.8 — Five members of the board shall at all times constitute a quorum.
• § 2531.9 — Each member of the board shall receive a per diem and expenses as provided in Section 103.
• § 2531.95 — The board shall from time to time adopt the regulations that may be necessary to effectuate this chapter.
• § 2532 — No person shall engage in the practice of speech-language pathology or audiology or represent themselves as a speech-language pathologist or audiologist unless they are licensed in accordance with thi
• § 2532.1 — (a) Each person desiring to obtain a license shall make application to the board, upon a form as prescribed by the board.
• § 2532.2 — Except as required by Section 2532.
• § 2532.25 — (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board.
• § 2532.3 — (a) Upon approval of an application filed pursuant to Section 2532.
• § 2532.4 — (a) The board may direct applicants to be examined for knowledge in whatever theoretical or applied fields in speech-language pathology or audiology it deems appropriate.
• § 2532.5 — Every person holding a license under this chapter shall display it conspicuously in their primary place of practice.
• § 2532.6 — (a) The Legislature recognizes that the education and experience requirements of this chapter constitute only minimal requirements to assure the public of professional competence.
• § 2532.7 — (a) Upon approval of an application filed pursuant to Section 2532.
• § 2532.8 — (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Association’s
• § 2533 — The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of a
• § 2533.1 — A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, au
• § 2533.2 — Proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
• § 2533.3 — Except as provided in Section 2538.
• § 2533.4 — Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior
• § 2533.5 — (a) The board may prosecute a person for a violation of this chapter.
• § 2533.6 — (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board for reinstateme
• § 2534 — There is in the State Treasury the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
• § 2534.1 — The board shall keep records that will reasonably ensure that funds expended in the administration of each licensing or registration category shall bear a reasonable relation to the revenue derived fr
• § 2534.2 — The amount of the fees prescribed by this chapter is that established by the following schedule: (a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiolog
• § 2535 — (a) All licenses issued as of January 1, 1992, shall expire at 12 a.
• § 2535.2 — Except as provided in Section 2535.
• § 2535.4 — A person who fails to renew their license within the five years after its expiration may not renew it, and it may not be restored, reissued, or reinstated thereafter, but that person may apply for and
• § 25350 — The department may seize the following alcoholic beverages: (a) Alcoholic beverages manufactured or produced in this state by any person other than licensed manufacturer or wine grower, regardless of
• § 25351 — Any person who possesses alcoholic beverages which are subject to seizure under Section 25350 is guilty of a misdemeanor.
• § 25352 — The department or its employees may seize any unlicensed still, whether in actual operation or not and whether assembled for operation or dismantled, any parts of such stills, and any materials or sup
• § 25353 — When alcoholic beverages or any other property are seized pursuant to this division, the alcoholic beverages or other property shall be forfeited to the State, and all such forfeitures are hereby decl
• § 25354 — Alcoholic beverages manufactured or produced in this state by any person other than a licensed manufacturer or winegrower, when seized for forfeiture under this division, may be disposed of by the dep
• § 25355 — Any alcoholic beverages or other property seized for forfeiture under this division, except automobiles or other vehicles, may be disposed of by the department, its officers, or employees by destructi
• § 25356 — Any person whose alcoholic beverages or other property, except automobiles or other vehicles, have been seized for forfeiture under this division, may, within 10 days after such seizure, petition the
• § 25357 — Any petition filed pursuant to Section 25356 shall be considered by the department within 60 days after filing, and an oral hearing shall be granted the petitioner if requested.
• § 25358 — The department may order the alcoholic beverages or other property seized disposed of, or returned to the petitioner if illegally or erroneously seized.
• § 25359 — Any beverage or other property seized by the department may be turned over to any state department or institution.
• § 2536 — A speech-language pathology corporation or an audiology corporation is a corporation which is authorized to render professional services, as defined in Section 13401 of the Corporations Code, so long
• § 25360 — When alcoholic beverages or other property are seized or forfeited under this division and are not disposed of pursuant to Sections 25354 to 25359, inclusive, the alcoholic beverages or other property
• § 25361 — Notice of the seizure and of the intended forfeiture proceeding shall be filed with the clerk of the court and shall be served on all persons, firms, or corporations having any right, title, or intere
• § 25362 — Within 20 days after service of the notice of seizure and intended forfeiture proceedings, or within 20 days after the date of publication, the owner or owners of the alcoholic beverages or other prop
• § 25363 — If at the end of 20 days after the notice has been mailed or published there is no verified answer on file, the court shall hear evidence upon the fact of unlawful use and shall, upon proof thereof, o
• § 25364 — If a verified answer has been filed, the forfeiture proceeding may be set for hearing on a day within 30 days from the date of filing, and notice of this proceeding shall be given to the owner or owne
• § 25365 — At the time set for the hearing, any of the owners who have verified answers on file may show by competent evidence that the alcoholic beverages or other property were not in fact used contrary to the
• § 25366 — If the fact is determined that the alcoholic beverages or other property were not used contrary to the provisions of this division, the court shall order the alcoholic beverages or other property rele
• § 25367 — At the time set for the hearing the claimant of any right, title, or interest in the alcoholic beverages or other property under a lien, mortgage, or conditional sales contract which is officially of
• § 25368 — If the lienholder, mortgagee, or vendor proves the facts set forth in Section 25367, the court shall order the alcoholic beverages or other property released to him if the amount due to him is equal t
• § 25369 — In any case the Department of Finance may, within 30 days after judgment, pay the balance due to the bona fide or innocent purchaser, lienholder, mortgagee, or vendor and purchase the alcoholic bevera
• § 2537 — 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 v
• § 2537.1 — A speech-language pathology corporation or an audiology corporation shall not do or fail to do any act that the doing or failing to do would constitute unprofessional conduct under any statute or regu
• § 2537.2 — Except as provided in Sections 13401.
• § 2537.3 — The income of a speech-language pathology corporation or an audiology corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in Section 134
• § 2537.4 — (a) The name of a speech-language pathology corporation under which it may render professional services shall include one of the words specified in subdivision (a) of Section 2530.
• § 2537.5 — The board may adopt and enforce regulations to carry out the purposes and objectives of this article, and the Moscone-Knox Professional Corporation Act, including regulations requiring any of the foll
• § 25370 — Upon a judgment in favor of the forfeiture, the alcoholic beverages or other property shall be ordered turned over to the Department of General Services for disposition as follows: (a) Delivery to the
• § 25371 — When alcoholic beverages or other property are seized under this division, a record of the seizure and disposition shall be kept by the Department of Alcoholic Beverage Control.
• § 25372 — Any officer, employee, or agent of the Department of Alcoholic Beverage Control who disposes of any alcoholic beverages or other property seized under this division in any manner other than as directe
• § 25373 — Any peace officer of this State upon seizing any alcoholic beverages or other property may hold them as evidence until a forfeiture has been declared, a release ordered as provided in this chapter, or
• § 25374 — Nothing contained in this chapter applies to common carriers or to an employee acting within the scope of his employment under this division.
• § 25375 — (a) Upon 10 days notice to a person who holds a license described in this division, the Attorney General or a district attorney shall seek an order from the superior court for the seizure of a license
• § 2538 — A person seeking approval as a speech-language pathology assistant shall make application to the board for that approval.
• § 2538.1 — (a) The board shall adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory Commission on Special Education, that set fort
• § 2538.10 — For the purposes of this article, the following definitions shall apply: (a) “Advertise” and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphl
• § 2538.11 — (a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the
• § 2538.12 — A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for the purpose of identifying the need for fu
• § 2538.13 — In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing aid dispenser may replace the temple or t
• § 2538.14 — “Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing.
• § 2538.15 — “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
• § 2538.16 — The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with the names and addresses of all persons taking ex
• § 2538.17 — The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids.
• § 2538.18 — All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license.
• § 2538.20 — It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold themselves out as being so engaged without
• § 2538.21 — This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or is part of the academic curriculum of an a
• § 2538.22 — This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly or indirectly engage in the sale or offe
• § 2538.23 — (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing aid dispenser in this state.
• § 2538.24 — Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board.
• § 2538.25 — (a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license.
• § 2538.26 — The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not committed acts or
• § 2538.27 — (a) An applicant who has fulfilled the requirements of Section 2538.
• § 2538.28 — (a) An applicant who has fulfilled the requirements of Section 2538.
• § 2538.29 — A trainee licensed under Section 2538.
• § 2538.3 — A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate degree program, or equivalent course of study, approve
• § 2538.30 — (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of hearing aids.
• § 2538.31 — Practical examinations shall be held by the board at least twice a year.
• § 2538.32 — Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination.
• § 2538.33 — (a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they are to engage, or intend to engage, in th
• § 2538.34 — (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open fo
• § 2538.35 — (a) To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programmi
• § 2538.36 — (a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective hearing aid user, a licensee shall, befor
• § 2538.37 — No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been ma
• § 2538.38 — A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s office or place of business at all times and each record shall be kept and maintained fo
• § 2538.39 — A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fi
• § 2538.40 — (a) Upon denial of an application for license, the board shall notify the applicant in writing of the following: (1) The reason for the denial.