Senate Bill No. 1039

Introduced by Senator Hill

February 12, 2016

An act to amend Sections 1636.4, 2811.5, 8516, 8518, and 8555 of the Business and Professions Code, relating to professions and vocations, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 1039, as introduced, Hill. Professions and vocations.

(1) Existing law requires the Office of Statewide Health Planning and Development to establish the Health Professions Education Foundation to, among other things, solicit and receive funds for the purpose of providing scholarships, as specified.

The bill would state the intent of the Legislature to enact future legislation that would establish a Dental Corps Scholarship Program, as specified, to increase the supply of dentists serving in medically underserved areas.

(2) The Dental Practice Act provides for the licensure and regulation of persons engaged in the practice of dentistry by the Dental Board of California, which is within the Department of Consumer Affairs, and requires the board to be responsible for the approval of foreign dental schools by evaluating foreign dental schools based on specified criteria. That act authorizes the board to contract with outside consultants or a national professional organization to survey and evaluate foreign dental schools, as specified. That act requires the board to establish a technical advisory group to review the survey and evaluation contracted for prior to the board taking any final action regarding a foreign dental school. That act also requires periodic surveys and evaluations of all approved schools be made to ensure compliance with the act.

This bill would delete the authorization to contract with outside consultants and would instead authorize the board, in lieu of conducting its own survey and evaluation of a foreign dental school, to accept the findings of any commission or accreditation agency approved by the board, if the findings meet specified standards, and adopt those findings as the board’s own. The bill would delete the requirement to establish a technical advisory group. The bill would instead authorize periodic surveys and evaluations be made to ensure compliance with that act.

(3) The Nursing Practice Act provides for the licensure and regulation of nurse practitioners by the Board of Registered Nursing, which is within the Department of Consumer Affairs, and requires the board to adopt regulations establishing standards for continuing education for licensees, as specified. That act requires providers of continuing education programs approved by the board to make records of continuing education courses given to registered nurses available for board inspection.

This bill would require that the content of a continuing education course be based on generally accepted scientific principles. The bill would also require the board to audit continuing education providers, at least once every 5 years, to ensure adherence to regulatory requirements, and to withhold or rescind approval from any provider that is in violation of regulatory requirements.

(4) Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board, which is within the Department of Consumer Affairs, and requires a licensee to pay a specified license fee. Existing law makes any violation of those provisions punishable as a misdemeanor. Existing law places certain requirements on a registered company or licensee with regards to wood destroying pests or organisms, including that a registered company or licensee is prohibited from commencing work on a contract until an inspection has been made by a licensed Branch 3 field representative or operator, that the address of each property inspected or upon which work was completed is required to be reported to the board, as specified, and that a written inspection report be prepared and delivered to the person requesting the inspection or his or her agent. Existing law requires the original inspection report to be submitted to the board upon demand. Existing law requires that written report to contain certain information, including a foundation diagram or sketch of the structure or portions of the structure inspected, and requires the report, and any contract entered into, to expressly state if a guarantee for the work is made, and if so, the terms and time period of the guarantee. Existing law establishes the Structural Pest Control Fund, which is a continuously appropriated fund as it pertains to fees collected by the board.

This bill would require the operator who is conducting the inspection prior to the commencement of work to be employed by a registered company, except as specified. The bill would not require the address of an inspection report prepared for use by an attorney for litigation to be reported to the board or assessed a filing fee. The bill would require instead that the written inspection report be prepared and delivered to the person requesting it, the property owner, or the property owner’s designated agent, as specified. The bill would allow an inspection report to be a complete, limited, supplemental, or reinspection report, as defined. The bill would require all inspection reports to be submitted to the board and maintained with field notes, activity forms, and notices of completion until one year after the guarantee expires if the guarantee extends beyond 3 years. The bill would require the inspection report to clearly list the infested or infected wood members or parts of the structure identified in the required diagram or sketch. By placing new requirements on a registered company or licensee this bill would expand an existing crime and would, therefore, impose a state-mandated local program.

Existing law requires a registered company to prepare a notice of work completed to give to the owner of the property when the work is completed.

This bill would make this provision only applicable to work relating to wood destroying pests and organisms.

Existing law provides that the laws governing structural pest control operators, including licensure, does not apply to persons engaged in the live capture and removal of vertebrate pests, bees, or wasps from a structure without the use of pesticides.

This bill would instead apply those laws to persons that engage in the live capture and removal of vertebrate pests without the use of pesticides. By requiring persons that engaged in the live capture and removal of vertebrate pests without the use of pesticides to comply with the laws governing structural pest control operators, this bill would expand an existing crime, and would, therefore, impose a state-mandated local program. By requiring those person to be licensed, this bill would require them to pay a licensee fee that would go into a continuously appropriated fund, which would, therefore, result in an appropriation.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

It is the intent of the Legislature to enact future
legislation that would establish a Dental Corps Scholarship
Program within the Health and Professions Education Foundation
to increase the supply of dentists serving in medically underserved
areas.

SEC. 2.  

Section 1636.4 of the Business and Professions Code
is amended to read:

1636.4.  

(a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges. It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that
provide an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.

(b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to
subdivision begin delete (d). The board may contract with outside consultants
or a national professional organization to survey and evaluate
foreign dental schools. The consultant or organization shall report
to the board regarding its findings in the survey and evaluation. end delete
begin insert (c). The board may, in lieu of conducting its own survey and
evaluation of a foreign dental school, accept the findings of any
commission or accreditation agency approved by the board if the
findings meet the standards of subdivision (c) and adopt those
findings as the board’s own. end insert

begin delete

(c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school. The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval. None of
the members of the technical advisory group shall be affiliated
with the school seeking certification.

end delete begin delete

(d)

end delete

begin insert (c) end insert  Any foreign dental school that wishes to be approved
pursuant to this section shall make application to the board for this
approval, which shall be based upon a finding begin insert by the board end insert that
the educational program of the foreign dental school is equivalent
to that of similar accredited institutions in the United States and
adequately prepares its students for the practice of dentistry.
Curriculum, faculty qualifications, student attendance, plant and
facilities, and other relevant factors shall be reviewed and
evaluated. The begin delete board, with the cooperation of the technical advisory
group, end delete begin insert board end insert shall identify by rule the standards and review
procedures and methodology to be used in the approval process
consistent with this subdivision. The board shall not grant approval
if deficiencies found are of such magnitude as to prevent the
students in the school from receiving an educational base suitable
for the practice of dentistry.

begin delete

(e)

end delete

begin insert (d) end insert  Periodic surveys and evaluations of all approved schools
begin delete shall end delete begin insert may end insert be made to ensure continued compliance with this
section. Approval shall include provisional and full approval. The
provisional form of approval shall be for a period determined by
the board, not to exceed three years, and shall be granted to an
institution, in accordance with rules established by the board, to
provide reasonable time for the school seeking permanent approval
to overcome deficiencies found by the board. Prior to the expiration
of a provisional approval and before the full approval is granted,
the school shall be required to submit evidence that deficiencies
noted at the time of initial application have been remedied. A
school granted full approval shall provide evidence of continued
compliance with this section. In the event that the board denies
approval or reapproval, the board shall give the school a specific
listing of the deficiencies that caused the denial and the
requirements for remedying the deficiencies, and shall permit the
school, upon request, to demonstrate by satisfactory evidence,
within 90 days, that it has remedied the deficiencies listed by the
board.

begin delete

(f)

end delete

begin insert (e) end insert  A school shall pay a registration fee established by rule of
the board, not to exceed one thousand dollars ($1,000), at the time
of application for approval and shall pay all reasonable costs and
expenses begin delete the board incurs end delete begin insert incurred end insert for begin delete the conduct of end delete begin insert conducting end insert
the approval survey.

begin delete

(g)

end delete

begin insert (f) end insert  The board shall renew approval upon receipt of a renewal
application, accompanied by a fee not to exceed five hundred
dollars ($500). Each fully approved institution shall submit a
renewal application every seven years. Any approval that is not
renewed shall automatically expire.

SEC. 3.  

Section 2811.5 of the Business and Professions Code
is amended to read:

2811.5.  

(a) Each person renewing his or her license under
Section 2811 shall submit proof satisfactory to the board that,
during the preceding two-year period, he or she has been informed
of the developments in the registered nurse field or in any special
area of practice engaged in by the licensee, occurring since the
last renewal thereof, either by pursuing a course or courses of
continuing education in the registered nurse field or relevant to
the practice of the licensee, and approved by the board, or by other
means deemed equivalent by the board.

(b) For purposes of this section, the board shall, by regulation,
establish standards for continuing education. The standards shall
be established in a manner to assure that a variety of alternative
forms of continuing education are available to licensees, including,
but not limited to, academic studies, in-service education, institutes,
seminars, lectures, conferences, workshops, extension studies, and
home study programs. The standards shall take cognizance of
specialized areas of begin delete practice. end delete begin insert practice, and content shall be based
on generally accepted scientific principles. end insert The continuing
education standards established by the board shall not exceed 30
hours of direct participation in a course or courses approved by
the board, or its equivalent in the units of measure adopted by the
board.

begin insert

(c) The board shall audit continuing education providers at
least once every five years to ensure adherence to regulatory
requirements, and shall withhold or rescind approval from any
provider that is in violation of the regulatory requirements.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The board shall encourage continuing education in spousal
or partner abuse detection and treatment. In the event the board
establishes a requirement for continuing education coursework in
spousal or partner abuse detection or treatment, that requirement
shall be met by each licensee within no more than four years from
the date the requirement is imposed.

begin delete

(d)

end delete

begin insert (e) end insert  In establishing standards for continuing education, the board
shall consider including a course in the special care needs of
individuals and their families facing end-of-life issues, including,
but not limited to, all of the following:

(1) Pain and symptom management.

(2) The psycho-social dynamics of death.

(3) Dying and bereavement.

(4) Hospice care.

begin delete

(e)

end delete

begin insert (f) end insert  In establishing standards for continuing education, the board
may include a course on pain management.

begin delete

(f)

end delete

begin insert (g) end insert  This section shall not apply to licensees during the first two
years immediately following their initial licensure in California
or any other governmental jurisdiction.

begin delete

(g)

end delete

begin insert (h) end insert  The board may, in accordance with the intent of this section,
make exceptions from continuing education requirements for
licensees residing in another state or country, or for reasons of
health, military service, or other good cause.

SEC. 4.  

Section 8516 of the Business and Professions Code is
amended to read:

8516.  

(a) This section, and Section 8519, apply only to wood
destroying pests or organisms.

(b)  begin delete No end delete begin insert A end insert registered company or licensee shall begin insert not end insert commence
work on a contract, or sign, issue, or deliver any documents
expressing an opinion or statement relating to the absence or
presence of wood destroying pests or organisms until an inspection
has been made by a licensed Branch 3 field representative or
begin delete operator. end delete begin insert operator employed by a registered company, except as
provided in Section 8519.5. end insert The address of each property inspected
or upon which work is completed shall be reported on a form
prescribed by the board and shall be filed with the board no later
than 10 business days after the commencement of an inspection
or upon completed work.

Every property inspected pursuant to this subdivision or Section
8518 shall be assessed a filing fee pursuant to Section 8674.

Failure of a registered company to report and file with the board
the address of any property inspected or work completed pursuant
to Section 8518 or this section is grounds for disciplinary action
and shall subject the registered company to a fine of not more than
two thousand five hundred dollars ($2,500). begin insert The address of an
inspection report prepared for use by an attorney for litigation
purposes shall not be required to be reported to the board and
shall not be assessed a filing fee. end insert

A written inspection report conforming to this section and a form
approved by the board shall be prepared and delivered to the person
requesting the inspection begin insert and the property owner, end insert or to the begin delete person’s end delete
begin insert property owner’s end insert designated begin delete agent end delete begin insert agent, end insert within 10 business days
begin delete of end delete begin insert from end insert the begin insert start of the end insert inspection, except that an inspection report
prepared for use by an attorney for litigation purposes is not
required to be reported to the begin delete board. end delete begin insert board or the property owner.
An inspection report may be a complete, limited, supplemental, or
reinspection report, as defined by Section 1993 of Title 16 of the
California Code of Regulations. end insert The report shall be delivered
before work is commenced on any property. The registered
company shall retain for three years all begin delete original end delete inspection reports,
field notes, and activity forms.

Reports shall be made available for inspection and reproduction
to the executive officer of the board or his or her duly authorized
representative during business hours. begin delete Original end delete begin insert All end insert inspection reports
or copies thereof shall be submitted to the board upon begin delete request end delete
begin insert demand end insert within two business days. The following shall be set forth
in the report:

(1) The begin insert start end insert date of the inspection and the name of the licensed
field representative or operator making the inspection.

(2) The name and address of the person or firm ordering the
report.

(3) The name and address of begin insert the property owner and end insert any person
who is a party in interest.

(4) The address or location of the property.

(5) A general description of the building or premises inspected.

(6) A foundation diagram or sketch of the structure or structures
or portions of the structure or structures inspected, begin delete indicating
thereon end delete begin insert including end insert the approximate location of any infested or
infected areas evident, and the parts of the structure where
conditions that would ordinarily subject those parts to attack by
wood destroying pests or organisms exist. begin insert Reporting of the infested
or infected wood members, or parts of the structure identified,
shall be listed in the inspection report to clearly identify them, as
is typical in standard construction components, including, but not
limited to, siding, studs, rafters, floor joists, fascia, subfloor,
sheathing, and trim boards. end insert

(7) Information regarding the substructure, foundation walls
and footings, porches, patios and steps, air vents, abutments, attic
spaces, roof framing that includes the eaves, rafters, fascias,
exposed timbers, exposed sheathing, ceiling joists, and attic walls,
or other parts subject to attack by wood destroying pests or
organisms. Conditions usually deemed likely to lead to infestation
or infection, such as earth-wood contacts, excessive cellulose
debris, faulty grade levels, excessive moisture conditions, evidence
of roof leaks, and insufficient ventilation are to be reported.

(8) One of the following statements, as appropriate, printed in
bold type:

(A) The exterior surface of the roof was not inspected. If you
want the water tightness of the roof determined, you should contact
a roofing contractor who is licensed by the Contractors’ State
License Board.

(B) The exterior surface of the roof was inspected to determine
whether or not wood destroying pests or organisms are present.

(9) Indication or description of any areas that are inaccessible
or not inspected with recommendation for further inspection if
practicable. If, after the report has been made in compliance with
this section, authority is given later to open inaccessible areas, a
supplemental report on conditions in these areas shall be made.

(10) Recommendations for corrective measures.

(11) Information regarding the pesticide or pesticides to be used
for their control begin insert or prevention end insert as set forth in subdivision (a) of
Section 8538.

(12) The inspection report shall clearly disclose that if requested
by the person ordering the original report, a reinspection of the
structure will be performed if an estimate or bid for making repairs
was given with the original inspection report, or thereafter.

begin delete

(13) The inspection report shall contain the following statement,
printed in boldface type:

end delete begin delete

 

end delete begin delete

“NOTICE: Reports on this structure prepared by various
registered companies should list the same findings (i.e. termite
infestations, termite damage, fungus damage, etc.). However,
recommendations to correct these findings may vary from company
to company. You have a right to seek a second opinion from
another company.”

end delete begin delete

 

end delete

An estimate or bid begin delete for repairs end delete shall be given separately allocating
the costs to perform each and every recommendation for corrective
measures as specified in subdivision (c) with the original inspection
report if the person who ordered the original inspection report so
requests, and if the registered company is regularly in the business
of performing begin insert each end insert corrective begin delete measures. end delete begin insert measure. end insert

If no estimate or bid was given with the original inspection
report, or thereafter, then the registered company shall not be
required to perform a reinspection.

A reinspection shall be an inspection of those items previously
listed on an original report to determine if the recommendations
have been completed. Each reinspection shall be reported on an
original inspection report form and shall be labeled begin delete “Reinspection”
in capital letters by rubber stamp or typewritten. end delete begin insert “Reinspection.” end insert
Each reinspection shall also identify the original report by date.

After four months from an original inspection, all inspections
shall be original inspections and not reinspections.

Any reinspection shall be performed for not more than the price
of the registered company’s original inspection price and shall be
completed within 10 begin delete working end delete begin insert business end insert days after a reinspection
has been ordered.

begin insert

(13) The inspection report shall contain the following statement,
printed in boldface type:

end insert
begin insert end insert
begin insert

“NOTICE: Reports on this structure prepared by various
registered companies should list the same findings (i.e. termite
infestations, termite damage, fungus damage, etc.). However,
recommendations to correct these findings may vary from company
to company. You have a right to seek a second opinion from
another company.”

end insert
begin insert end insert

(c) At the time a report is ordered, the registered company or
licensee shall inform the person or entity ordering the report, that
a separated report is available pursuant to this subdivision. If a
separated report is requested at the time the inspection report is
ordered, the registered company or licensee shall separately identify
on the report each recommendation for corrective measures as
follows:

(1) The infestation or infection that is evident.

(2) The conditions that are present that are deemed likely to
lead to infestation or infection.

If a registered company or licensee fails to inform as required
by this subdivision and a dispute arises, or if any other dispute
arises as to whether this subdivision has been complied with, a
separated report shall be provided within 24 hours of the request
but, in no event, later than the next business day, and at no
additional cost.

(d) When a corrective condition is identified, either as paragraph
(1) or (2) of subdivision (c), and the begin delete responsible party, as negotiated
between the buyer and the seller, end delete begin insert property owner of the property
owner’s designated agent end insert chooses not to correct those conditions,
the registered company or licensee shall not be liable for damages
resulting from a failure to correct those conditions or subject to
any disciplinary action by the board. Nothing in this subdivision,
however, shall relieve a registered company or a licensee of any
liability resulting from negligence, fraud, dishonest dealing, other
violations pursuant to this chapter, or contractual obligations
between the registered company or licensee and the responsible
parties.

(e) The inspection report form prescribed by the board shall
separately identify the infestation or infection that is evident and
the conditions that are present that are deemed likely to lead to
infestation or infection. If a separated form is requested, the form
shall explain the infestation or infection that is evident and the
conditions that are present that are deemed likely to lead to
infestation or infection and the difference between those conditions.
In no event, however, shall conditions deemed likely to lead to
infestation or infection be characterized as actual “defects” or as
actual “active” infestations or infections or in need of correction
as a precondition to issuing a certification pursuant to Section
8519.

(f) The report and any contract entered into shall also state
specifically when any guarantee for the work is made, and if so,
the specific terms of the guarantee and the period of time for which
the guarantee shall be in effect. begin insert If a guarantee extends beyond
three years, the registered company shall maintain all original
inspection reports, field notes, activity forms, and notices of
completion for the duration of the guarantee period and for one
year after the guarantee expires. end insert

(g)  begin delete Control service is defined as the regular reinspection of a
property after a report has been made in compliance with this
section and any corrections as have been agreed upon have been
completed. end delete begin insert For purposes of this section, “control service
agreement” means an agreement, including extended warranties,
to have a licensee conduct over a period of time regular inspections
and other activities related to the control or eradication of wood
destroying pests and organisms. end insert Under a control service agreement
a registered company shall refer to the original report and contract
in a manner as to identify them clearly, and the report shall be
assumed to be a true report of conditions as originally issued,
except it may be modified after a control service inspection. A
registered company is not required to issue a report as outlined in
paragraphs (1) to (11), inclusive, of subdivision (b) after each
control service inspection. If after control service inspection, no
modification of the original report is made in writing, then it will
be assumed that conditions are as originally reported. A control
service contract shall state specifically the particular wood
destroying pests or organisms and the portions of the buildings or
structures covered by the contract.

(h) A registered company or licensee may enter into and
maintain a control service agreement provided the following
requirements are met:

(1) The control service agreement shall be in writing, signed by
both parties, and shall specifically include the following:

begin delete

(A) The wood destroying pests and organisms that could infest
and infect the structure.

end delete begin delete

(B)

end delete

begin insert (A) end insert  The wood destroying pests and organisms covered by the
control service agreement. begin delete Any end delete

begin insert (B) end insert begin insert   end insert begin insert Any end insert wood destroying pest or organism that is not covered
must be specifically listed.

(C) The type and manner of treatment to be used to correct the
infestations or infections.

(D) The structures or buildings, or portions thereof, covered by
the agreement, including a statement specifying whether the
coverage for purposes of periodic inspections is limited or full.
Any exclusions from those described in the original report must
be specifically listed.

(E) A reference to the original inspection begin delete report and agreement. end delete
begin insert report. end insert

(F) The frequency of the inspections to be provided, the fee to
be charged for each renewal, and the duration of the agreement.

(G) Whether the fee includes structural repairs.

(H) If the services provided are guaranteed, and, if so, the terms
of the guarantee.

(I) A statement that all corrections of infestations or infections
covered by the control service agreement shall be completed within
six months of discovery, unless otherwise agreed to in writing by
both parties.

begin insert

(2) The original inspection report, the control service agreement,
and completion report shall be maintained for three years after
the cancellation of the control service agreement.

end insert begin delete

(2)

end delete

begin insert (3) end insert  Inspections made pursuant to a control service agreement
shall be conducted by a Branch 3 licensee. Section 8506.1 does
not modify this provision.

begin delete

(3)

end delete

begin insert (4) end insert  A full inspection of the property covered by the control
service agreement shall be conducted and a report filed pursuant
to subdivision (b) at least once every three years from the date that
the agreement was entered into, unless the consumer cancels the
contract within three years from the date the agreement was entered
into.

begin delete

(4) A

end delete

begin insert (5) end insert begin insert   end insert begin insert Under a control service agreement, a end insert written report shall
be required for the correction of any infestation or infection unless
all of the following conditions are met:

(A) The infestation or infection has been previously reported.

(B) The infestation or infection is covered by the control service
agreement.

(C) There is no additional charge for correcting the infestation
or infection.

(D) Correction of the infestation or infection takes place within
45 days of its discovery.

(E) Correction of the infestation or infection does not include
fumigation.

begin delete

(5)

end delete

begin insert (6) end insert  All notice requirements pursuant to Section 8538 shall apply
to all pesticide treatments conducted under control service
agreements.

begin delete

(6) For purposes of this section, “control service agreement”
means any agreement, including extended warranties, to have a
licensee conduct over a period of time regular inspections and
other activities related to the control or eradication of wood
destroying pests and organisms.

end delete

(i) All work recommended by a registered company, where an
estimate or bid for making repairs was given with the original
inspection report, or thereafter, shall be recorded on this report or
a separate work agreement and shall specify a price for each
recommendation. This information shall be provided to the person
requesting the inspection, and shall be retained by the registered
company with the inspection report copy for three years.

SEC. 5.  

Section 8518 of the Business and Professions Code is
amended to read:

8518.  

(a) When a registered company completes work under
a contract, it shall prepare, on a form prescribed by the board, a
notice of work completed and not completed, and shall furnish
that notice to the owner of the property or the owner’s agent within
10 business days after completing the work. The notice shall
include a statement of the cost of the completed work and estimated
cost of work not completed.

(b) The address of each property inspected or upon which work
was completed shall be reported on a form prescribed by the board
and shall be filed with the board no later than 10 business days
after completed work.

(c) A filing fee shall be assessed pursuant to Section 8674 for
every property upon which work is completed.

(d) Failure of a registered company to report and file with the
board the address of any property upon which work was completed
pursuant to subdivision (b) of Section 8516 or begin delete Section 8518 end delete begin insert this
section end insert is grounds for disciplinary action and shall subject the
registered company to a fine of not more than two thousand five
hundred dollars ($2,500).

(e) The registered company shall retain for three years all
original notices of work completed, work not completed, and
activity forms.

(f) Notices of work completed and not completed shall be made
available for inspection and reproduction to the executive officer
of the board or his or her duly authorized representative during
business hours. Original notices of work completed or not
completed or copies thereof shall be submitted to the board upon
request within two business days.

begin insert

(g) This section shall only apply to work relating to wood
destroying pests or organisms.

end insert

SEC. 6.  

Section 8555 of the Business and Professions Code is
amended to read:

8555.  

This chapter does not apply to:

(a) Public utilities operating under the regulations of the Public
Utilities Commission, except to work performed upon property of
the utilities not subject to the jurisdiction of the Public Utilities
Commission or work done by the utility for hire.

(b) Persons engaged only in agricultural pest control work under
permit or license by the Department of Pesticide Regulation or a
county agricultural commissioner.

(c) Pest control performed by persons upon property that they
own, lease or rent, except that the persons shall be subject to the
limitations imposed by Article 3 of this chapter.

(d) Governmental agencies, state, federal, city, or county
officials, and their employees while officially engaged.

(e) Authorized representatives of an educational institution or
state or federal agency engaged in research or study of pest control,
or engaged in investigation or preparation for expert opinion or
testimony. A professional engaging in research, study,
investigation, or preparation for expert opinion or testimony on
his or her own behalf shall comply with the requirements of this
chapter.

(f) Certified architects and registered civil engineers, acting
solely within their professional capacity, except that they shall be
subject to the limitations imposed by Article 3 of this chapter.

(g) Persons engaged in the live capture and removal or exclusion
of begin delete vertebrate pests, bees, end delete begin insert bees end insert or wasps from a structure without
the use of pesticides, provided those persons maintain insurance
coverage as described in Section 8692. begin delete “Vertebrate pests” include,
but are not limited to, bats, raccoons, skunks, and squirrels, but do
not include mice, rats, or pigeons. This section does not exempt a
person from the provisions of Chapter 1.5 (commencing with
Section 2050) of Division 3 of the Fish and Game Code. end delete

SEC. 7.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.