SB1433 - Maintenance of the codes.

Senate Bill No. 1433 CHAPTER 57 An act to amend Sections 733, 2242.2, 2553.5, 3046.1, 4073.5, 4602, 4610, 4826.5, 4858, 6126.7, 16608, and 17810 of the Business and Professions Code, to amend Sections 714.6, 798.14, 798.74.4, 1714.27, 3273.29, 4752, and 8811 of the Civil Code, to amend Sections 697.680 and 1094.9 of the Code of Civil Procedure, to amend Sections 234.7, 35221, 38134, 44043.5, 46392, 49001, 51140, 69436, 70022, 70034, and 88821 of the Education Code, to amend Sections 6915, 12304, and 12309 of the Elections Code, to amend Section 5654 of the Fish and Game Code, to amend Section 21283 of the Food and Agricultural Code, to amend Sections 1031.5, 6215, 6588.7, 8010, 8557, 10233, 10240, 11041, 11123.2, 12100.33, 12100.162, 12910, 12960, 12965, 15475.6, 19829.9854, 53398.52, 54953.4, 54953.8, 54953.8.1, 54954.2, 54957.9, 63049.71, 65589.5, 65914.2, 65950, 66300.6.5, 66323, 67784, 67786, 67788, and 87202 of, and to repeal the heading of Chapter 17.45 (commencing with Section 7289) of Division 7 of Title 1 of, the Government Code, to amend Section 676 of the Harbors and Navigation Code, to amend Sections 1279.6, 1342.74, 1367.25, 1597.640, 8028.73, 17021.8, 17970.3, 38532, 38562, 38562.3, 38591.2, 40100.5.5, 41313, 44501, 44515, 44559.14, 50406.4, 50410, 53545.14, 104660, 104661, and 108980 of the Health and Safety Code, to amend Sections 937, 10123.1933, and 10123.196 of the Insurance Code, to amend Sections 923.1, 1401, and 2810.8 of the Labor Code, to amend Section 59 of the Military and Veterans Code, to amend Sections 136.1, 636.6, 1170, 2780.6, 11105.04, and 13667 of the Penal Code, to amend Sections 4291.5, 4584.1, 4584.2, 5006.1, 5598, 5797.4, 21080.28.5, 21080.43, 21080.44, 25354, 25545, 25545.16, 25545.19, 30166, 30168, 30600.5, and 42652.5 of the Public Resources Code, to amend Sections 748.5, 850, 3299.2, 3310, 8501, and 180305 of, to amend the heading of Chapter 10 (commencing with Section 8500) of Division 4.1 of, and to repeal the heading of Article 7 of Chapter 3 of Division 1.5 of, the Public Utilities Code, to amend Sections 17053.40, 19002, and 23640 of the Revenue and Taxation Code, to amend Sections 21201 and 21450.5 of the Vehicle Code, to amend Sections 351, 50976, 60385, 60414, 74467, and 74850 of the Water Code, to amend Sections 309, 827, 9630, 10213.5, 11330.6, 13300.5, 14005.62, 14005.27, 14105.47, 14132.968, 16000.1, 16121.5, and 18900 of, and to repeal Section 12306.16 of, the Welfare and Institutions Code, and to amend Section 3 of Chapter 578 of the Statutes of 2025, relating to maintenance of the codes. [ Approved by Governor June 30, 2026. Filed with Secretary of State June 30, 2026. ] LEGISLATIVE COUNSEL'S DIGEST SB 1433, Committee on Judiciary. Maintenance of the codes. Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes. This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 733 of the Business and Professions Code is amended to read: 733. (a) A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A violation of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by their licensing agency. (b) Notwithstanding any other law, a licentiate shall dispense drugs and devices, as described in subdivision (a) of Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists: (1) Based solely on the licentiate’s professional training and judgment, dispensing pursuant to the order or the prescription is contrary to law, or the licentiate determines that the prescribed drug or device would cause a harmful drug interaction or would otherwise adversely affect the patient’s medical condition. (2) The prescription drug or device is not in stock. If an order, other than an order described in Section 4019, or prescription cannot be dispensed because the drug or device is not in stock, the licentiate shall take one of the following actions: (A) Immediately notify the patient and arrange for the drug or device to be delivered to the site or directly to the patient in a timely manner. (B) Promptly transfer the prescription to another pharmacy known to stock the prescription drug or device that is near enough to the site from which the prescription or order is transferred, to ensure the patient has timely access to the drug or device. (C) Return the prescription to the patient and refer the patient. The licentiate shall make a reasonable effort to refer the patient to a pharmacy that stocks the prescription drug or device that is near enough to the referring site to ensure that the patient has timely access to the drug or device. (3) The licentiate refuses on ethical, moral, or religious grounds to dispense a drug or device pursuant to an order or prescription. A licentiate may decline to dispense a prescription drug or device on this basis only if the licentiate has previously notified their employer, in writing, of the drug or class of drugs to which the licentiate objects, and the licentiate’s employer can, without creating undue hardship, provide a reasonable accommodation of the licentiate’s objection. The licentiate’s employer shall establish protocols that ensure that the patient has timely access to the prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (l) of Section 12940 of the Government Code. (c) For the purposes of this section, “prescription drug or device” has the same meaning as the definition in Section 4022. (d) This section applies to emergency contraception drug therapy, over-the-counter contraceptives, and self-administered prescription-only hormonal contraceptives described in Section 4052. (e) This section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient. (f) The notice to consumers required by Section 4122 shall include a statement that describes patients’ rights relative to the requirements of this section. SEC. 2. Section 2242.2 of the Business and Professions Code is amended to read: 2242.2. Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of Section 2746.51, a nurse practitioner acting within the scope of Section 2836.1, a physician assistant acting within the scope of Section 3502.1, and a pharmacist acting within the scope of Section 4052 may use a self-screening tool that will identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors. SEC. 3. Section 2553.5 of the Business and Professions Code is amended to read: 2553.5. (a) A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations: (1) A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an employee of that facility. (2) A business location as defined in subdivision (e) for an employee or independent contractor of the person operating the business at that location. (3) Any certified place of business pursuant to Section 2564.93. (b) A registered spectacle lens dispenser who fits and adjusts spectacle lenses at a health facility or business location shall provide to the patient written information disclosing the registrant’s regular business address, certificate of registration number, phone number, and the name and phone number of the person designated by the licensee to receive complaints and inquiries, as specified in Section 2552. (c) This section shall not be deemed to permit a registered contact lens dispenser to fit or adjust contact lenses at a health facility or at a business location, as defined in subdivision (e). (d) A registered spectacle lens dispenser may fit and adjust spectacle lenses at a health facility or at a business location, as defined in subdivision (e), only if the dispenser is in personal attendance at a certified place of business pursuant to Section 2564.93 at least 40 percent of the dispenser’s regular working hours each week. (e) “Business location” means the place at which any business employs more than 25 persons at any single business address, but shall not include a health facility, as defined in Section 1250 of the Health and Safety Code, or a certified place of business as specified in Section 2564.93. (f) This section does not affect the requirements regarding fitting and adjusting as set forth in Sections 2559.1 and 2560. SEC. 4. Section 3046.1 of the Business and Professions Code is amended to read: 3046.1. (a) The board shall issue a temporary license to practice optometry to a person who applies for and is eligible for licensure pursuant to Section 3046, but who is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the National Board of Examiners in Optometry (NBEO), required for licensure under this chapter, due to the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic. In addition to Section 3046, the person shall also satisfy all of the following conditions: (1) The person has never been previously licensed to practice optometry in any state in the United States. (2) The person pays to the board the applicable fee of one hundred dollars ($100), or a fee in an amount as determined by the board, not to exceed the reasonable cost of administering this section and submits an application to be a temporary licensee, as described in subdivision (j), to the board. (3) The person has received approval from their accredited school of optometry that the person meets the educational requirements to practice optometry. (4) The person satisfies all other conditions to licensure established by this chapter. (b) A person holding a temporary license shall be subject to the same rights and restrictions that are afforded to a person holding a valid, unrevoked California optometrist license, except as set forth in this section. For the purposes of this chapter, “temporary licensee” means a person holding a temporary license pursuant to this section. (c) A temporary licensee shall practice under the direct supervision of a supervising optometrist. For the purposes of this chapter, “supervising optometrist” means a California licensed optometrist that has been licensed for a minimum of five years and has been certified for the treatment of glaucoma, pursuant to subdivision (c) of Section 3041, and submits an application to be a supervising optometrist, as described in subdivision (k), to the board. A licensed physician practicing ophthalmology may also supervise a temporary licensee and shall be subject to all of the same reporting requirements as set forth in this section. (d) Notwithstanding any other law, a temporary licensee may perform services as authorized by this chapter if both of the following requirements are met: (1) The temporary licensee renders the services under the direct supervision of a supervising optometrist who is not subject to a disciplinary condition imposed by the board prohibiting that supervision or prohibiting the employment of a temporary licensee. (2) The supervising optometrist is legally and professionally responsible for the actions of the temporary licensee. (e) For the purposes of this chapter, “direct supervision” means that a supervising optometrist oversees the activities of, and accepts responsibility for, the services rendered by a temporary licensee. Direct supervision, as defined in this subdivision, requires that the supervising optometrist be physically present and immediately available in the facility or office in which the optometric services are being provided when the temporary licensee is with a patient. (f) The supervising optometrist shall have a formal written procedure in place by which patients are informed that an optometrist with a temporary license will be performing the services. Additionally, the patient shall be informed that the supervising optometrist will be supervising the temporary licensee and the supervising optometrist will be identified to the patient. The temporary licensee shall note in the medical record the patient’s consent to this process prior to performing services authorized by this chapter. (g) During the timeframe in which the temporary licensee holds a temporary license, the temporary licensee shall not open their own optometric office or place of practice. (h) The temporary license shall expire either upon the date that the temporary licensee completes all of the requirements for licensure or six months after the date the state of emergency, proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic has ended, pursuant to Section 8629 of the Government Code, whichever occurs first. (i) The supervising optometrist shall submit in writing to the board any violations of this chapter committed by the temporary licensee within 14 days of becoming aware of the violation. (j) A person requesting to be a temporary licensee shall apply to the board pursuant to an application that shall be in substantially the following form, and may include any other information the board deems appropriate to safeguard the public from substandard optometric care, fraud, or other violation of this chapter: “Application for Temporary License Pursuant to Section 3046.1 of the Business and Professions Code, the board shall issue a temporary license to practice optometry to any person who applies for and is eligible for licensure pursuant to Section 3046 of the Business and Professions Code, but who is unable to immediately take the Part III - Patient Encounters and Performance Skills Examination developed by the N [Text truncated for display. Full text available on Congress.gov.]