Title BPC, California Bus. & Prof. Code

This chapter shall be known, and may be cited, as the Clinical Social Worker Practice Act. It shall be liberally construed to effect its objectives. (Added by Stats. 2006, Ch. 659, Sec. 23. Effective January 1, 2007.)

A person engages in the practice of clinical social work when he or she performs or offers to perform or holds himself or herself out as able to perform this service for remuneration in any form, including donations. (Added by Stats. 2011, Ch. 148, Sec. 3. (SB 274) Effective Augu…

For purposes of this chapter: (a) “Accredited school of social work” means a school that is accredited by the Commission on Accreditation of the Council on Social Work Education. (b) “Board” means the Board of Behavioral Sciences. (Amended by Stats. 2023, Ch. 640, Sec. 5. (AB 232…

Unless the text otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter. (Repealed and added by Stats. 1941, Ch. 1163.)

“Director” refers to the Director of Consumer Affairs. (Amended by Stats. 2013, Ch. 352, Sec. 8. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

“Board” refers to the Structural Pest Control Board within the Department of Consumers Affairs. (Amended by Stats. 2013, Ch. 352, Sec. 9. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

“Registrar” refers to the registrar of the Structural Pest Control Board. (Repealed and added by Stats. 1941, Ch. 1163.)

“Committee” means the Disciplinary Review Committee established pursuant to Section 8660. (Amended by Stats. 1986, Ch. 1266, Sec. 1.)

“Person” includes an individual, firm, partnership, corporation, limited liability company, association or other organization or any combination thereof. (Amended by Stats. 1994, Ch. 1010, Sec. 14. Effective January 1, 1995.)

“Pesticide” includes any of the following: (a) Any spray adjuvant. (b) Any substance, or mixture of substances, which is intended to be used for preventing, destroying, repelling, or mitigating any pest or organism. (Added by Stats. 2014, Ch. 560, Sec. 1. (SB 1244) Effective Janu…

“Control” means a pest population management system that utilizes techniques to reduce and maintain pest populations at levels below those causing economic or material injury, or to manipulate the populations to prevent causing such injury. (Added by Stats. 2018, Ch. 572, Sec. 1.…

“Eradication” means the total elimination of a pest from a designated area. For purposes of this chapter, elimination and extermination shall have the same meaning as eradication. (Added by Stats. 2018, Ch. 572, Sec. 2. (SB 1481) Effective January 1, 2019.)

“Inspection” is the act of a field representative or operator physically performing an onsite assessment of real property. (Added by Stats. 2018, Ch. 572, Sec. 3. (SB 1481) Effective January 1, 2019.)

(a) “Structural pest control” and “pest control” as used in this chapter are synonymous. Except as provided in Section 8555 and elsewhere in this chapter, it is, with respect to household pests and wood destroying pests or organisms, or other pests that may invade households or o…

(a) Except as provided in subdivisions (b) and (c), for the purpose of this act, “fumigation” shall be defined as the use within an enclosed space for the destruction of plant or animal life, a substance having a vapor pressure greater than 5 millimeters of mercury at 25 degrees …

Warning signs shall be printed in red on white background and shall contain the following statement in letters not less than two inches in height: “DANGER—FUMIGATION.” They shall also depict a skull and crossbones not less than one inch in height and shall state in letters not le…

If the structure which has been fumigated has an attic or if the area underneath such structure is accessible to inspection for purposes of structural pest control, the registered company which performed the fumigation shall, immediately upon completion, post in the attic, immedi…

A registered company performing fumigation shall use an adequate warning agent with all fumigants which lack those properties. There may be circumstances in which the use of chloropicrin is not possible due to its unknown effects on sensitive items, including, but not limited to,…

A registered company shall maintain a log of each fumigation job performed by it in this state. The log shall be in the form required by the regulations of the board and shall be preserved for a period of at least three years, during which time it shall be available at all times …

“Fumigator” means any individual licensed by the board as a structural pest control operator or as a structural pest control field representative in Branch 1 as set forth in Section 8560. (Amended by Stats. 2014, Ch. 560, Sec. 9. (SB 1244) Effective January 1, 2015.)

All fumigators shall be familiar with and able to administer artificial respiration by the best method or methods recommended currently by the Red Cross in its standard texts on first aid. All fumigating crews shall be outfitted with a safety kit containing safety equipment as sp…

(a) There is hereby continued in existence in the State Treasury a special fund to be known as the Structural Pest Control Education and Enforcement Fund. Funds derived from the pesticide use report filing fee provided for in Section 8674 and all proceeds from civil penalties col…

Fumigation shall be performed only under the direct and personal supervision of an individual who is licensed by the board as an operator or field representative in Branch 1 as set forth in Section 8560. (Amended by Stats. 2014, Ch. 560, Sec. 4. (SB 1244) Effective January 1, 201…

“Direct and personal supervision” as used in Section 8505.2 means that the Branch 1 licensee exercising that supervision shall be present at the site of the fumigation during the entire time the fumigants are being released, the time ventilation is commenced, and at the time prop…

Fumigation shall be performed in compliance with all applicable state, county, and city laws and ordinances and all applicable laws and regulations of the United States. (Amended by Stats. 2007, Ch. 354, Sec. 20. Effective January 1, 2008.)

(a) Notice of the date and place of fumigation, and chemicals to be used, shall be given by the fumigator to the fire department serving the area in which fumigation is to be performed not less than two hours prior to the time fumigation begins. The fire department shall not char…

The space to be fumigated shall be vacated by all occupants prior to the commencement of fumigation, and all entrances thereto shall be locked, barricaded, or otherwise secured against entry until the end of exposure period, then opened for ventilation and relocked, barricaded, o…

Prior to the commencement of fumigation, the space to be fumigated shall be sealed in such manner that tests taken before ventilation is begun will show that the required concentration of the fumigant released within the space has been retained therein, in compliance with the man…

Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall not be removed until fumigation and ventilation has been completed, and the premises safe f…

(a) “Structural pest control operator” is any individual licensed by the board to practice structural pest control. (b) As used in this chapter, “operator” refers to “structural pest control operator.” (c) In the event of death of a licensee, the executor or administrator of the …

(a) A “registered company” is any sole proprietorship, partnership, corporation, or other organization or any combination thereof that is registered with the Structural Pest Control Board to engage in the practice of structural pest control. (b) A registered company may secure st…

A “qualifying manager” is the licensed operator or operators designated by a registered company to supervise the daily business of the company and to be physically present at the principal office or branch office location for a minimum of nine days every three consecutive calenda…

(a) “Structural pest control field representative” is any individual who is licensed by the board to secure structural pest control work, identify infestations or infections, make inspections, apply pesticides, submit bids for or otherwise contract, on behalf of a registered comp…

(a) (1) “Structural pest control applicator” is any individual who is licensed by the board to apply pesticides in Branch 2 or Branch 3 on behalf of a registered company. (2) A structural pest control applicator shall not contract for pest control work or perform pest control wor…

“Household” means any structure and its contents that are used for persons and their convenience. (Amended by Stats. 2015, Ch. 430, Sec. 33. (AB 181) Effective January 1, 2016.)

“Branch office” is any fixed place of business in addition to the location of the principal office for which the company registration is issued, where records are kept, mail received, statements rendered, money is collected, or requests are received for service or bids, or inform…

For purposes of this chapter, “wood preservative” means any coating formulated to protect wood surfaces from deterioration caused by insects, fungus, rot, and decay and which contains a wood preservative chemical that is registered with the Department of Pesticide Regulation and …

“Manufacturer” is a person engaged in the processing of materials used in the practice of pest control, but who does not himself engage in such practice. (Added by Stats. 1941, Ch. 1163.)

“Employer” refers to a registered company that employs operators, field representatives, applicators, and other individuals, the latter not being required to be licensed under this chapter, who work on pest control jobs under the supervision of an operator or field representative…

(a) The board shall prescribe a form entitled “Notice to Owner” that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this state’s mechanics lien laws and the rights and responsib…

(a) A Branch 2 or 3 registered company shall not commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the control of household pests, or wood destroying pests or organisms until the registered company has completed a…

It is unlawful for any registered company under this chapter when billing for any subcontracted work authorized under Section 8514, to charge, bill, or otherwise solicit payment from the consumer for any structural fumigation work not actually rendered by the registered company o…

Nothing in this chapter shall prohibit a company registered hereunder from authorizing an officer, partner, or employee to submit bids, after an inspection by an individual licensed as an operator or field representative under this act, or to sign contracts after negotiation by a…

(a) This section, and Section 8519, apply only to wood destroying pests or organisms. (b) A registered company or licensee shall not commence work on a contract, or sign, issue, or deliver any documents expressing an opinion or statement relating to the absence or presence of woo…

Any work contract, billing, agreement, letter of work completed, or other correspondence or document expressing an opinion or making a statement relating to the presence or absence of wood destroying pests or organisms, shall refer to the inspection report required by Section 851…

(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 completi…