reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 9 - Enforcement › Section 4259 - Criteria for Rehabilitation-Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license or certificate on the ground that the holder of the
				license or certificate has been convicted of a crime, the Committee shall
				consider whether the licensee or certificate holder made a showing of
				rehabilitation, if the licensee or certificate holder completed the criminal
				sentence at issue without a violation of parole or probation. In making this
				determination, the Committee shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's or certificate holder's rehabilitation.
(5) The extent to which the terms or
				conditions of parole or probation were modified, and the reason(s) for the
				modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 10 - Advertising › Section 4262 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed naturopathic doctor may advertise the provisions
				  of professional services authorized to be provided by such license in a manner
				  authorized by Section
				  651 of the Code so long as such
				  advertising does not promote the excessive or unnecessary use of such
				  services.
1. New article
				  10 (section
				  4262) and section filed 11-8-2004
				  as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of
				  Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be
				  repealed by operation of law on the following day.
2. New article 10
				  (section 4262) section refiled 3-8-2005 as
				  an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of
				  Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be
				  repealed by operation of law on the following day.
3. Certificate of
				  Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005
				  (Register 2005, No. 33).
Note: Authority cited: Sections
					 651
					 and
					 3622,
					 Business and Professions Code. Reference: Section
					 651,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 11 - Naturopathic Corporations › Section 4264 - Professional Relationships, Responsibilities and Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in the laws or rules relating to naturopathic
				  corporations alters a naturopathic doctor's duties and responsibilities to and
				  professional relationships with his or her patients. Nor do such laws or rules
				  in any way impair the disciplinary powers of the Committee over its licensees
				  or impair any other law or rule pertaining to the standards of professional
				  conduct of naturopathic doctors.
1. New article
				  11 (sections
				  4264-4268) and section filed
				  11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A
				  Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New article 11 (sections
				  4264-4268) section refiled
				  3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A
				  Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. Certificate of Compliance as to 3-8-2005 order transmitted
				  to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).
4.
				  Change without regulatory effect amending section filed 9-30-2010 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2010, No. 40).
Note: Authority cited: Sections
					 3622
					 and
					 3671,
					 Business and Professions Code. Reference: Sections
					 3670
					 and
					 3671,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 11 - Naturopathic Corporations › Section 4266 - Security for Claims Against a Naturopathic Corporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a naturopathic corporation provides
				security by means of insurance for claims against it by its patients, the
				security shall consist of a policy or policies of insurance insuring either the
				corporation or all the employed licensed persons rendering such naturopathic
				services against liability imposed by law for damages arising out of the
				rendering of, or failure to render, naturopathic services by the corporation in
				an amount for each claim of at least $50,000 multiplied by the number of
				employed licensed persons rendering such naturopathic services and an aggregate
				maximum limit of liability per policy year of at least $150,000 multiplied by
				the number of such employees; provided that the maximum coverage shall not be
				required to exceed $150,000 for each claim and $450,000 for all claims during
				the policy year, and provided further that the deductible portion of such
				insurance shall not exceed $5,000 multiplied by the number of such
				employees.
(b) All shareholders of
				the corporation shall be jointly and severally liable for all claims
				established against the corporation by its patients arising out of the
				rendering of, or failure to render, naturopathic services up to the minimum
				amounts specified for insurance under subdivision (a) hereof except during
				periods of time when either the corporation or all the employed licensed
				persons rendering naturopathic services provide and maintain insurance for
				claims by its patients arising out of the rendering of, or failure to render
				naturopathic services. Said insurance when provided shall meet the minimum
				standards established in subdivision (a) above.
1. New section
				  filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A
				  Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New section refiled 3-8-2005 as an emergency; operative
				  3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be
				  transmitted to OAL by 7-6-2005 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register
				  2005, No. 33).
Note: Authority cited: Sections
					 3622
					 and
					 3675,
					 Business and Professions Code. Reference: Section
					 3675,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 11 - Naturopathic Corporations › Section 4268 - Shares: Ownership and Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The shares of a naturopathic corporation may be issued or transferred only to
				the issuing corporation or to an appropriately licensed person in accordance
				with Section
				13401.5
				of the Corporations Code.
(b) Where
				there are two or more shareholders in a corporation and one of its shareholders
				dies, or becomes a disqualified person as defined in Section
				13401(e)
				of the Corporations Code, for a period exceeding ninety (90) days, his or her
				shares shall be sold and transferred to a licensed person or to the issuing
				corporation, on such terms as are agreed upon. Such sale or transfer shall not
				be later than six (6) months after any such death and not later than ninety
				(90) days after the date the shareholder became a disqualified
				person.
(c) A corporation and its
				shareholders may, but need not, agree that shares sold to it by a person who
				becomes a disqualified person may be resold to such person if and when he or
				she again ceases to become a disqualified person.
(d) The restrictions of subdivision (a) where
				appropriate and, if appropriate, subdivision (c) of this section shall be set
				forth in the corporation's by-laws or articles of incorporation.
(e) The income of the corporation
				attributable to professional, licensed services rendered while a shareholder is
				a disqualified person shall not in any manner accrue to the benefit of such
				shareholder or his or her shares.
(g) The share certificates of the corporation
				shall contain either:
(1) An appropriate
				legend setting forth the restriction of subdivision (a) where appropriate and
				where applicable, the restriction of subdivision (c), or
(2) An appropriate legend stating that
				ownership and transfer of the shares are restricted and specifically referring
				to an identified section of the bylaws or articles of incorporation of the
				corporation wherein the restrictions are set forth.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 1 - General Provisions › Section 4400 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are adopted by the Professional Fiduciaries
				  Bureau to implement and make specific the provisions of the Professional
				  Fiduciaries Act, commencing with Section
				  6500
				  of the Business and Professions Code.
1. New article
				  1 (sections
				  4400-4406) and section filed
				  11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48). A
				  Certificate of Compliance must be transmitted to OAL by 5-27-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 5-28-2008 and filed 6-16-2008 (Register 2008, No.
				  25).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 6500
					 and
					 6510,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 1 - General Provisions › Section 4402 - Mailing Address of Bureau

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The mailing address of the Professional Fiduciaries Bureau is
				  1625 N. Market Blvd., Suite S-209, Sacramento, CA 95834.
1. New section
				  filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of section, transmitted to OAL 5-28-2008 and filed 6-16-2008
				  (Register 2008, No. 25).
3. Change without regulatory effect
				  amending section filed 5-20-2013 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2013, No. 21).
4. Change without regulatory
				  effect amending section filed 7-14-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 29).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 6500
					 and
					 6510,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 1 - General Provisions › Section 4404 - Filing of Address of Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each licensee shall have on file with the Bureau his or her
				  correct street addresses, which shall include a physical business and residence
				  address. In addition, each licensee shall designate an address of record that
				  shall be public information, which may consist of a post office box number or
				  other viable mailing address. Each licensee shall within fifteen (15) business
				  days notify the Bureau in writing of any changes in his or her street or
				  mailing addresses, giving both the old and new addresses and any
				  changes.
1. New section
				  filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 5-28-2008 and filed 6-16-2008 (Register 2008, No.
				  25).
Note: Authority cited: Sections
					 136
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 136,
					 6510
					 and
					 6534,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 1 - General Provisions › Section 4406 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the regulations contained in this
				  division, the term:
(a) "Act" means
				the provisions of the Professional Fiduciaries Act, Chapter 6 (commencing with
				Section 6500) of Division 3 of the
				Business and Professions Code.
(b)
				"Bureau" means the Professional Fiduciaries Bureau within the Department of
				Consumer Affairs, established pursuant to 6510 of the Business and Professions
				Code.
(c) "Licensee" means a person
				who is licensed under the Professional Fiduciaries Act, Chapter 6 (commencing
				with Section
				6500) of Division 3 of the
				Business and Professions Code as a "licensed professional fiduciary" pursuant
				to Section
				6536.
(d) "Consumer," under the Act, means an
				individual with whom the licensee has established a fiduciary relationship
				including: a conservatee when the fiduciary is acting as a court-appointed
				conservator; a ward when the fiduciary is acting as a court-appointed guardian,
				a principal when the fiduciary is acting under a durable power of attorney, and
				a beneficiary when the fiduciary is acting as a trustee.
(e) Trustee as a Professional Fiduciary -- A
				person acting as a trustee under the Act is an individual who meets the
				requirements of paragraph (1) and (2) and shall be licensed as a professional
				fiduciary unless exempt under the Act.
(1)
				Licensing applies to the following persons
(A) An individual acting as trustee for a
				trust as defined in Section
				82 of the
				Probate Code that includes at least one individual beneficiary, or
(B) An individual, acting on behalf of an
				entity appointed as trustee, to perform the functions of a trustee for a trust
				as defined in Section
				82 of the
				Probate Code that includes at least one individual
				beneficiary.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 2 - Application and Licensure › Section 4420 - Place of Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for licensure shall be filed with the Bureau
				  at its designated address.
1. New article
				  2 (sections
				  4420-4428) and section filed
				  11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48). A
				  Certificate of Compliance must be transmitted to OAL by 5-27-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of section, transmitted to OAL 5-28-2008 and filed 6-16-2008
				  (Register 2008, No. 25).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 6500,
					 6510
					 and
					 6533,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 2 - Application and Licensure › Section 4424 - Review of Application; Processing Time; Issuance of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within ninety
				(90) days of receipt of an application for licensure the Bureau shall inform
				the applicant in writing that it is both complete and accepted for filing or
				that it is deficient and what specific information or documentation is needed
				to complete the application. An application is considered complete if it is in
				compliance with Section
				4422.
(b) Once the application is complete and
				accepted for filing the Bureau shall inform the applicant in writing within
				thirty (30) days that he/she are approved or denied for licensure. Once
				approved for licensure, the applicant shall submit the initial license fee
				required in Section
				4580 subject to the limitation of
				subdivision (b) of Section
				4426 to become a licensed
				professional fiduciary under the Act.
1. New section
				  filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsection (b), transmitted to OAL 5-28-2008 and filed 6-16-2008
				  (Register 2008, No. 25).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 141,
					 6535,
					 6536
					 and
					 6537,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 2 - Application and Licensure › Section 4426 - Abandonment of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				An application for licensure shall be deemed abandoned and the application fee
				forfeited when the applicant fails to complete the application within twelve
				(12) months from the date of notification of deficiency or, if applicable,
				within twelve (12) months from date of notification of examination eligibility
				as provided for in Section
				4500.
(b) An application for licensure shall be
				deemed abandoned when an applicant approved for licensure by the Bureau fails
				to submit the initial license fee required in Section
				4580 within twelve (12) months
				from the date of approval for licensure.
1. New section
				  filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 5-28-2008 and filed 6-16-2008 (Register 2008, No.
				  25).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 142
					 and
					 6533,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 2 - Application and Licensure › Section 4428 - Initial License Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				professional fiduciary's initial license shall expire twelve (12) months after
				the license was issued at twelve (12) midnight on the last day of the month if
				not renewed.
Note: Authority cited: Sections
					 152.6
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 134,
					 152.6
					 and
					 6541,
					 Business and Professions Code.
Note: Authority cited: Sections
					 152.6
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 134,
					 152.6
					 and
					 6541,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4440 - Prelicensing Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To qualify for licensure under the Act an applicant shall
				  complete thirty (30) hours of prelicensing education credit subject to the
				  conditions of this Article and section
				  6538
				  of the Business and Professions Code. The following courses shall qualify for
				  prelicensing education credit:
(a) Any
				education course taken on or after January 1, 2007 that meets the requirements
				of an approved education course under Section
				4444.
(b) Any fiduciary management course taken
				from the California State University, Fullerton, Extended Education
				Program.
1. New
				  division 41 (articles 3-4, sections
				  4440-4484), article 3 (sections
				  4440-4452) and section filed
				  11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Amendment of article 3 heading filed 11-26-2007 as an
				  emergency; operative 11-26-2007 (Register 2007, No. 48). A Certificate of
				  Compliance must be transmitted to OAL by 5-27-2008 or emergency language will
				  be repealed by operation of law on the following day.
3. Certificate
				  of Compliance as to 11-26-2007 order transmitted to OAL 4-24-2008 and filed
				  5-19-2008 (Register 2008, No. 21).
4. Repealer of subsection (c)
				  filed 5-17-2012; operative 6-16-2012 (Register 2012, No. 20).
5.
				  Amendment of first paragraph filed 12-28-2022; operative 1-1-2023 pursuant to
				  Government Code section
				  11343.4(b)(3)
				  (Register 2022, No. 52).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Section
					 6538,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4442 - Continuing Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annual time requirements.
(1) To renew a license, a licensee shall earn
				during each annual renewal period a minimum of fifteen (15) hours of continuing
				education credit from approved education courses as defined in Section
				4444 subject to the conditions of
				this Article.
(2) Courses
				qualifying for continuing education credit must be completed following
				licensure and within the one-year renewal period each cycle.
(3) A licensee who serves as an instructor in
				an approved education course for continuing education as provided for in
				subdivision (a) of Section
				4444, may receive 1.5 hours of
				continuing education course participation credit for each hour of new course
				instruction presented. A maximum of 6 of the fifteen (15) hours of continuing
				education credit may be earned under this paragraph.
(4) A maximum of 4 of the fifteen (15) hours
				of continuing education credit may be earned through independent study under
				the supervision of an approved education provider pursuant to Section
				4446 that supplies evidence of
				completion.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4443 - Continued Education for First License Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the initial license period established pursuant to
				  Section 4428, each licensee must comply
				  with the continued education requirements of Section
				  4442.
1. New section
				  filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48).
				  A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or
				  emergency language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of section, transmitted to OAL 4-24-2008 and filed 5-19-2008
				  (Register 2008, No. 21).
Note: Authority cited: Sections
					 152.6
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 134
					 and
					 152.6,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4444 - Approved Education Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eligible education courses, as defined in
				subdivision (b) or (c), offered or approved by an approved education provider
				listed in Section
				4446, are approved education
				courses that meet the prelicensing and continuing education requirements of
				this Article.
(b) Programs,
				seminars, and courses of study that are relevant to fiduciary responsibilities
				of estate management or of fiduciary responsibilities of the person for at
				least one of the subject topics as specified in subdivision (e), that address
				the areas of proficiency, competency, and performance of a fiduciary, and
				impart knowledge and increase understanding of the fiduciary profession or of
				the California judiciary or the legal process as it relates to the
				administration of fiduciary responsibilities are eligible education
				courses.
(c) Beginning January 1,
				2023, programs, seminars, and courses of study in cultural competency, as
				defined in Section
				6538
				of the Business and Professions Code, are eligible education courses.
(d) An approved education course may be
				offered in a real-time classroom setting, delivered by video presentation from
				a remote location or by other delivery means, including online.
(e) An approved education course may include
				independent study, subject to the limitations of paragraph (4) of subdivision
				(a) of Section
				4442, if the education provider
				supplies evidence of completion. A course is not independent study if the
				education provider requires evidence of comprehension prior to issuing a
				certificate of completion, as required in subdivision (c) of Section
				4448.
(f) Subject topics for eligible education
				courses, as defined in subdivision (b), include the following:
(1) Conservatorship;
(2) Guardianship;
(3) Trust administration;
(4) Durable Power of Attorney;
(5) The California court system including
				court jurisdiction and responsibilities; the state and federal constitution,
				California statutes, rules of court, case law, administrative law, and current
				issues in the California court system relevant to the fiduciary
				profession;
(6) Ethics for
				fiduciaries; and
(7) Cultural
				competency, as defined in Business and Professions Code section
				6538.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4448 - Requirements for Education Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each education provider shall:
(a) Ensure that the instructors teaching
				qualified education courses are proficient and knowledgeable in the subject
				matter;
(b) Monitor and evaluate
				the quality of courses, curricula, instructors, and instructor
				training;
(c) Maintain records of
				attendance or independent study and distribute to each participant a
				certificate of completion that identifies the education provider and documents
				the subject taught, the date of completion of the education course, and the
				amount of education credit offered;
(d) Maintain documentation of approved
				education courses offered for prelicensing and continuing education credit
				under this article for a period of at least five years from the date the
				education course was offered; and
(e) Provide to the Bureau upon request any
				documentation of approved education courses for prelicensing and continuing
				education credit, including records of attendance or independent
				study.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 4-24-2008 and filed 5-19-2008 (Register 2008, No.
				  21).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Section
					 6538,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4450 - Proof of Compliance of Prelicensing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant is responsible for ensuring compliance with
				  the prelicensing education requirements of this Article.
(a) To demonstrate compliance an applicant
				shall sign under penalty of perjury on an application form, as provided for in
				Section 4422, provided by the Bureau that
				they have completed thirty (30) hours of approved prelicensing education
				courses.
(b) An applicant shall
				maintain documentation of completion of prelicensing education courses for a
				period of at least three years from the date of the issuance of the
				license.
(c) Each applicant shall
				provide any information requested by the Bureau within ten (10) business days
				of the request, to determine compliance with the prelicensing education
				requirements of the Act.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsections (a) and (c), transmitted to OAL 4-24-2008 and filed
				  5-19-2008 (Register 2008, No. 21).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Section
					 6538,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 3 - Prelicensure and Continuing Education › Section 4452 - Proof of Compliance of Continuing Education Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each applicant is responsible for ensuring compliance with
				  the continuing education requirements of this Article.
(a) To demonstrate compliance a licensee
				shall sign under penalty of perjury on an annual renewal application form
				provided by the Bureau that they have completed fifteen (15) hours of approved
				continuing education courses.
(b) A
				licensee shall maintain documentation of completion of continuing education
				courses for a period of at least three years from the date of
				renewal.
(c) Each licensee shall
				provide any information requested by the Bureau within ten (10) business days
				of the request, to determine compliance with the continuing education
				requirements for license renewal.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsection (c), transmitted to OAL 4-24-2008 and filed 5-19-2008
				  (Register 2008, No. 21).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Section
					 6538,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4470 - General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensee's fiduciary duties recognized under this Article are based upon the
				fiduciary relationship established with the consumer as follows:
(1) A licensee's relationship to a
				conservatee when acting as a court appointed conservator;
(2) A licensee's relationship to a ward when
				acting as a court appointed guardian;
(3) A licensee's relationship to a principal
				when acting under a durable power of attorney; and,
(4) A licensee's relationship to a
				beneficiary when acting as a trustee.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4472 - Decision Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The provisions under this section apply to those licensed fiduciaries acting in
				the capacity of a conservator, guardian, or agent under durable power of
				attorney for health care or for finances.
(b) The licensee shall provide the consumer
				with every reasonable opportunity to exercise those individual choices that the
				consumer is capable of exercising.
(c) When the licensee is making decisions on
				behalf of the consumer, the licensee shall use every reasonable good faith
				effort to ascertain the desires of the consumer prior to making any decisions,
				and shall make decisions therefore predicated on the ascertained desires of the
				consumer, unless doing so would violate the licensee's fiduciary duties to the
				consumer or impose an unreasonable expense on the estate.
(d) If after every reasonable good faith
				effort the desires of the consumer cannot be ascertained or if exercising them
				would violate the licensee's fiduciary duties to the consumer or impose an
				unreasonable expense on the estate, the licensee shall make decisions that are
				in the best interest of the consumer.
(e) Decisions made on behalf of the consumer
				shall take into consideration all known ethnic, religious, social and cultural
				values of the consumer whenever possible.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsections (c) and (d), transmitted to OAL 4-24-2008 and filed
				  5-19-2008 (Register 2008, No. 21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4474 - Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The licensee
				shall closely guard against the disclosure of personal information regarding
				the consumer except when such disclosure is required by law or necessary to
				protect the best interest of the consumer.
(b) Disclosure of consumer information shall
				be limited to what is lawful, necessary and relevant to the issue being
				addressed.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsection (b), transmitted to OAL 4-24-2008 and filed 5-19-2008
				  (Register 2008, No. 21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4476 - Conflict of Interest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				licensee shall avoid actual conflicts of interest, and consistent with the
				licensee's fiduciary duties, shall not engage in any activity where there is
				the reasonable appearance of a conflict of interest.
(b) The licensee shall not engage in any
				personal, business, or professional interest or relationship that is or
				reasonably could be perceived as self-serving or adverse to the best interest
				of the consumer.
(c) The licensee
				shall protect the rights of the consumer and the estate against infringement by
				third parties.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 4-24-2008 and filed 5-19-2008 (Register 2008, No.
				  21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4478 - Residential Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The provisions under this section apply to those licensed fiduciaries acting in
				the capacity of a conservator, guardian, or agent under durable power of
				attorney for health care.
(b) The
				licensee shall be informed and aware, and consider the options and alternatives
				available when establishing the consumer's place of residence.
(c) The licensee shall use every reasonable
				good faith effort to ascertain the desires of the consumer prior to making any
				decisions when establishing the consumer's residence, unless doing so would
				violate the licensee's fiduciary duties to the consumer or impose an
				unreasonable expense on the estate.
(d) If after every reasonable good faith
				effort the desires of the consumer cannot be ascertained or if exercising them
				would violate the licensee's fiduciary duties to the consumer or impose an
				unreasonable expense on the estate, the licensee shall select the least
				restrictive and appropriate residence that is available and necessary to meet
				the needs of the consumer that are in the best interest of the
				consumer.
(e) The licensee shall
				not remove the consumer from his or her home or separate the consumer from
				family and friends unless such removal is appropriate and in the best interest
				of the consumer.
(f) The licensee
				shall seek professional evaluations and assessments whenever appropriate to
				determine whether the current or proposed placement of the consumer represents
				the least restrictive and appropriate residence that is available and necessary
				to meet the needs of the consumer that are in the best interest of the
				consumer.
(g) The licensee shall
				monitor the placement of the consumer on an on-going basis to ensure its
				continued appropriateness, and shall make changes whenever necessary that are
				in the best interest of the consumer.
(h) The licensee shall take all action
				necessary to protect the consumer from financial and/or physical harm or
				abuse.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsections (b)-(d) and new subsection (h), transmitted to OAL
				  4-24-2008 and filed 5-19-2008 (Register 2008, No.
				  21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4480 - Care, Treatment and Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The provisions under this section apply to those licensed fiduciaries acting in
				the capacity of a conservator, guardian, or agent under durable power of
				attorney for health care.
(b) The
				licensee shall protect the personal and pecuniary interests of the
				consumer.
(c) The licensee shall
				use every reasonable good faith effort to ascertain the desires of the consumer
				prior to making any decisions regarding all care, treatment, or services,
				unless doing so would violate the licensee's fiduciary duties to the consumer
				or impose an unreasonable expense on the estate.
(d) If after every reasonable good faith
				effort the desires of the consumer cannot be ascertained or if exercising them
				would violate the licensee's fiduciary duties to the consumer or impose an
				unreasonable expense on the estate, the licensee shall make decisions regarding
				care, treatment, and services that are in the best interest of the
				consumer.
(e) The licensee shall be
				cognizant of his or her own limitations of knowledge, and shall seek
				professional evaluations and assessments whenever appropriate to determine
				whether the current or proposed care, treatment, and services are appropriate
				and in the best interest of the consumer.
(f) The licensee shall monitor the care,
				treatment, and services on an on-going basis to ensure its continued
				appropriateness, and shall make changes whenever necessary that are in the best
				interest of the consumer.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsections (c) and (d), transmitted to OAL 4-24-2008 and filed
				  5-19-2008 (Register 2008, No. 21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4482 - Management of the Estate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				licensee shall protect the assets of the estate.
(b) The licensee shall pursue claims against
				others when it reasonably appears to be in the best interest of the consumer or
				the estate to do so.
(c) The
				licensee shall defend against actions or claims against the estate when it
				reasonably appears to be in the best interest of the consumer or the estate to
				do so.
(d) The licensee may incur
				expenses that are appropriate to the estate, in relation to the assets, overall
				investment strategy, purpose, and other relevant information and circumstances
				when investing and managing estate assets.
(e) Consistent with the licensee's fiduciary
				duties, the licensee shall manage the assets of the estate in the best interest
				of the consumer.
(f) The licensee
				shall manage the estate with prudence, care and judgment, maintaining detailed
				fiduciary records as required by law.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of subsection (d), transmitted to OAL 4-24-2008 and filed 5-19-2008
				  (Register 2008, No. 21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 4 - Code of Ethics › Section 4484 - Limitation or Elimination of Fiduciary Powers; Restoration of Capacity; Termination of Fiduciary Relationship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When appropriate and in the best interest
				of the conservatee, licensed conservators under the Act shall not oppose and,
				in appropriate circumstances shall seek, limitations on the licensee's powers
				or authority to act, elimination of unnecessary or no-longer necessary powers,
				or termination of the proceeding and restoration of the conservatee's legal
				capacity.
(b) In all fiduciary
				relationships subject to the Act, when appropriate and in the best interest of
				the consumer, the licensee shall take all reasonable steps to facilitate
				termination of the fiduciary relationship.
(c) In all fiduciary relationships subject to
				the Act, the licensee shall not oppose or interfere with efforts to terminate
				the licensee's fiduciary relationship with a consumer for any reason other than
				as necessary or appropriate to protect or promote the best interest of that
				consumer.
1. New section
				  filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
				  Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order transmitted
				  to OAL 4-24-2008 and filed 5-19-2008 (Register 2008, No.
				  21).
Note: Authority cited: Sections
					 6517
					 and
					 6520,
					 Business and Professions Code. Reference: Section
					 6520,
					 Business and Professions Code.