1. (A) Business and Professions Code Section 119
2. (B) Business and Professions Code Section 125
3. (C) Business and Professions Code Section 125.6
4. (D) Business and Professions Code Section 475(a)(1)
5. (E) Business and Professions Code Section 490
6. (F) Business and Professions Code Section 580
7. (G) Business and Professions Code Section 581
8. (H) Business and Professions Code Section 582
9. (I) Business and Professions Code Section 583
10. (J) Business and Professions Code Section 650
11. (K) Business and Professions Code Section 651
12. (L) Business and Professions Code Section 654
13. (M) Business and Professions Code Section 654.1
14. (N) Business and Professions Code Section 654.2
15. (O) Business and Professions Code Section 655.5
16. (P) Business and Professions Code Section 702
17. (Q) Business and Professions Code Section 730
18. (R) Business and Professions Code Section 732
19. (S) Business and Professions Code Section 802(a)
20. (T) Business and Professions Code Section 802.1
21. (U) Business and Professions Code Section 810
22. (V) Business and Professions Code Section 17500
23. (W) Health and Safety Code Section 123110
24. (X) Civil Code Section 56.10
25. (Y) Any provision of the Act
26. (Z) Any provision of the Medical Practice Act (Business and Professions Code section 2000, et seq.) relating to persons holding or applying for physician's and surgeon's certificates issued by the Board under the Act
27. (AA) Any regulation adopted by the Board under Division 16 of Title 16 of the California Code of Regulations
28. (BB) Any other statute or regulation upon which the Board may base a disciplinary action.

29. (2) For fines issued for violations of Sections 2244 and 2262 of the Code and Civil Code section 56.10, the amount of any fine to be levied by the Executive Director or their designee shall not exceed the amounts specified in Sections 2244 or 2262 of the Code, or Section 56.36(c) of the Civil Code, as applicable.

    1. (A) The good or bad faith of the cited person.
    2. (B) The gravity of the violation.
    3. (C) Evidence that the violation was willful.
    4. (D) History of previous violations.
    5. (E) The extent to which the cited person has cooperated with the Board.
    6. (F) The extent to which the cited person has mitigated or attempted to mitigate any danger or injury caused by the violation.

    (b)(1) Except for fines assessed for a violation of Section 56.10 of the Civil Code, the following factors shall be considered by the Executive Director or their designee when determining the amount of an administrative fine:

30. (2) When determining the amount of the fine to be assessed for a violation of Civil Code section 56.10, the Executive Director or their designee shall consider the factors listed in Section 56.36(d) of the Civil Code.

31. (c) Notwithstanding the administrative fine amounts specified in subsection (a)(1), a citation may include a fine between $2501 and $5000, if at least one or more of the following circumstances apply:

    1. (1) The citation involves a violation that has an immediate threat to the health and safety of another person;
    2. (2) The cited person has a history of two or more prior citations of the same or similar violations;
    3. (3) The citation involves multiple violations that demonstrate a willful disregard of the law;
    4. (4) The citation involves a violation or violations perpetrated against a senior citizen or a disabled person.

The amount of any fine to be levied by the executive director or their designee shall take into consideration the applicable factors listed in subsection (b). The fine shall be within the ranges set forth below in subsections (a) or (c), as applicable.

(a)(1) The executive director or their designee may issue a citation under section 1659.30 for a violation against a licensee of the provisions listed in this section. Unless otherwise provided in this section, the fine for a violation of the following code sections shall not be less than $100 and shall not exceed $2500:

Note: Authority cited: Osteopathic Act (Initiative Measure, Stats. 1923, p.cxiii), Section 1; and Sections 125.9 and 3600-1, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code; and Section 56.36, Civil Code.

History

1. New section filed 9-6-2005; operative 10-6-2005 (Register 2005, No. 36).

2. Amendment of section heading, section and Note filed 7-10-2025; operative 10-1-2025 (Register 2025, No. 28).