GENERAL PROVISIONS

General Provisions enacted by Stats. 1937, Ch. 399.

§§ 1–40 · 43 sections

§ 1 This act shall be known as the Business and Professions Code.
§ 2 The provisions of this code in so far as they are substantially the same as existing statutory provisions relating to the same subject matter shall be…
§ 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code,…
§ 4 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter…
§ 5 No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights…
§ 6 All persons who, at the time this code goes into effect, are entitled to a certificate under any act repealed by this code, are thereby entitled to a…
§ 7 Any conviction for a crime under any act repealed by this code, which crime is continued as a public offense by this code, constitutes a conviction under this…
§ 7.5 (a) A conviction within the meaning of this code means a judgment following a plea or verdict of guilty or a plea of nolo contendere or finding of guilt. Any…
§ 8 Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.
§ 9 Division, part, chapter, article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope,…
§ 10 Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or duty…
§ 11 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required…
§ 12 Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions…
§ 12.5 Whenever in any provision of this code authority is granted to issue a citation for a violation of any provision of this code, that authority also includes the…
§ 13 The term “materia medica” as used in this code or in any initiative act referred to in this code, means those substances listed in the official United States…
§ 14 The present tense includes the past and future tenses; and the future, the present. Each gender includes the other two genders.
§ 14.1 The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the…
§ 14.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
§ 15 “Section” means a section of this code unless some other statute is specifically mentioned. “Subdivision” means a subdivision of the section in which that term…
§ 16 The singular number includes the plural, and the plural the singular.
§ 17 “County” includes city and county.
§ 18 “City” includes city and county.
§ 19 “Shall” is mandatory and “may” is permissive.
§ 20 “Oath” includes affirmation.
§ 21 “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and…
§ 22 “Board,” as used in any provision of this code, refers to the board in which the administration of the provision is vested, and unless otherwise expressly…
§ 23 “Department,” unless otherwise defined, refers to the Department of Consumer Affairs. Wherever the laws of this state refer to the Department of Professional…
§ 23.5 “Director,” unless otherwise defined, refers to the Director of Consumer Affairs. Wherever the laws of this state refer to the Director of Professional and…
§ 23.6 “Appointing power,” unless otherwise defined, refers to the Director of Consumer Affairs.
§ 23.7 Unless otherwise expressly provided, “license” means license, certificate, registration, or other means to engage in a business or profession regulated by this…
§ 23.8 “Licensee” means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or…
§ 23.9 Notwithstanding any other provision of this code, any individual who, while imprisoned in a state prison or other correctional institution, is trained, in the…
§ 24 If any provision of this code, or the application thereof, to any person or circumstance, is held invalid, the remainder of the code, or the application of…
§ 26 Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such…
§ 27 (a) Each entity specified in subdivisions (c), (d), and (e) shall provide on the internet information regarding the status of every license issued by that…
§ 27.5 (a) (1) Notwithstanding any other law, if a board within the Department of Consumer Affairs receives government-issued documentation, as described in…
§ 27.6 The successor agency to the Bureau for Private Postsecondary and Vocational Education shall transmit any available data regarding school performance,…
§ 29.5 In addition to other qualifications for licensure prescribed by the various acts of boards under the department, applicants for licensure and licensees…
§ 30 (a) (1) Notwithstanding any other law, any board, as defined in Section 22, the State Bar of California, and the Department of Real Estate shall, at the time…
§ 31 (a) As used in this section, “board” means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department…
§ 32 (a) The Legislature finds that there is a need to ensure that professionals of the healing arts who have or intend to have significant contact with patients…
§ 35 It is the policy of this state that, consistent with the provision of high-quality services, persons with skills, knowledge, and experience obtained in the…
§ 40 (a) Subject to the standards described in Section 19130 of the Government Code, any board, as defined in Section 22, the State Board of Chiropractic Examiners,…