2010 California Code
Business and Professions Code
Article 6. Revenue

1300.  The amount of application, registration, and license fees
under this chapter shall be as follows:
   (a) The application fee for a histocompatibility laboratory
director's, clinical laboratory bioanalyst's, clinical chemist's,
clinical microbiologist's, clinical laboratory toxicologist's,
clinical cytogeneticist's, or clinical molecular biologist's license
is sixty-three dollars ($63) commencing on July 1, 1983.
   (b) The annual renewal fee for a histocompatibility laboratory
director's, clinical laboratory bioanalyst's, clinical chemist's,
clinical microbiologist's, or clinical laboratory toxicologist's
license is sixty-three dollars ($63) commencing on July 1, 1983.
   (c) The application fee for a clinical laboratory scientist's or
limited clinical laboratory scientist's license is thirty-eight
dollars ($38) commencing on July 1, 1983.
   (d) The application and annual renewal fee for a cytotechnologist'
s license is fifty dollars ($50) commencing on January 1, 1991.
   (e) The annual renewal fee for a clinical laboratory scientist's
or limited clinical laboratory scientist's license is twenty-five
dollars ($25) commencing on July 1, 1983.
   (f) A clinical laboratory applying for a license to perform tests
or examinations classified as of moderate or of high complexity under
CLIA and a clinical laboratory applying for certification under
subdivision (c) of Section 1223 shall pay an application fee for that
license or certification based on the number of tests it performs or
expects to perform in a year, as follows:
   (1) Less than 2,001 tests: two hundred seventy dollars ($270).
   (2) Between 2,001 and 10,000, inclusive, tests: eight hundred
twenty dollars ($820).
   (3) Between 10,001 and 25,000, inclusive, tests: one thousand
three hundred fifteen dollars ($1,315).
   (4) Between 25,001 and 50,000, inclusive, tests: one thousand five
hundred eighty dollars ($1,580).
   (5) Between 50,001 and 75,000, inclusive, tests: one thousand nine
hundred sixty dollars ($1,960).
   (6) Between 75,001 and 100,000, inclusive, tests: two thousand
three hundred forty dollars ($2,340).
   (7) Between 100,001 and 500,000, inclusive, tests: two thousand
seven hundred forty dollars ($2,740).
   (8) Between 500,001 and 1,000,000, inclusive, tests: four thousand
nine hundred ten dollars ($4,910).
   (9) More than 1,000,000 tests: five thousand two hundred sixty
dollars ($5,260) plus three hundred fifty dollars ($350) for every
500,000 tests over 1,000,000, up to a maximum of 15,000,000 tests.
    (g) A clinical laboratory performing tests or examinations
classified as of moderate or of high complexity under CLIA and a
clinical laboratory with a certificate issued under subdivision (c)
of Section 1223 shall pay an annual renewal fee based on the number
of tests it performed in the preceding calendar year, as follows:
   (1) Less than 2,001 tests: one hundred seventy dollars ($170).
   (2) Between 2,001 and 10,000, inclusive, tests: seven hundred
twenty dollars ($720).
   (3) Between 10,001 and 25,000, inclusive, tests: one thousand one
hundred fifteen dollars ($1,115).
   (4) Between 25,001 and 50,000, inclusive, tests: one thousand
three hundred eighty dollars ($1,380).
   (5) Between 50,001 and 75,000, inclusive, tests: one thousand
seven hundred sixty dollars ($1,760).
   (6) Between 75,001 and 100,000, inclusive, tests: two thousand
forty dollars ($2,040).
   (7) Between 100,001 and 500,000, inclusive, tests: two thousand
four hundred forty dollars ($2,440).
   (8) Between 500,001 and 1,000,000, inclusive, tests: four thousand
six hundred ten dollars ($4,610).
   (9) More than 1,000,000 tests per year: four thousand nine hundred
sixty dollars ($4,960) plus three hundred fifty dollars ($350) for
every 500,000 tests over 1,000,000, up to a maximum of 15,000,000
tests.
   (h) The application fee for a trainee's license is thirteen
dollars ($13) commencing on July 1, 1983.
   (i) The annual renewal fee for a trainee's license is eight
dollars ($8) commencing on July 1, 1983.
   (j) The application fee for a duplicate license is five dollars
($5) commencing on July 1, 1983.
   (k) The personnel licensing delinquency fee is equal to the annual
renewal fee.
   (l) The director may establish a fee for examinations required
under this chapter. The fee shall not exceed the total cost to the
department in conducting the examination.
   (m) A clinical laboratory subject to registration under paragraph
(2) of subdivision (a) of Section 1265 and performing only those
clinical laboratory tests or examinations considered waived under
CLIA shall pay an annual fee of one hundred dollars ($100). A
clinical laboratory subject to registration under paragraph (2) of
subdivision (a) of Section 1265 and performing only
provider-performed microscopy, as defined under CLIA, shall pay an
annual fee of one hundred fifty dollars ($150). A clinical laboratory
performing both waived and provider-performed microscopy shall pay
an annual registration fee of one hundred fifty dollars ($150).
   (n)  The costs of the department in conducting a complaint
investigation, imposing sanctions, or conducting a hearing under this
chapter shall be paid by the clinical laboratory. The fee shall be
no greater than the fee the laboratory would pay under CLIA for the
same type of activities and shall not be payable if the clinical
laboratory would not be required to pay those fees under CLIA.
   (o) The state, a district, city, county, city and county, or other
political subdivision, or any public officer or body shall be
subject to the payment of fees established pursuant to this chapter
or regulations adopted thereunder.
   (p) In addition to the payment of registration or licensure fees,
a clinical laboratory located outside the State of California shall
reimburse the department for travel and per diem to perform any
necessary onsite inspections at the clinical laboratory in order to
ensure compliance with this chapter.
   (q) The department shall establish an application fee and a
renewal fee for a medical laboratory technician license, the total
fees collected not to exceed the costs of the department for the
implementation and operation of the program licensing and regulating
medical laboratory technicians pursuant to Section 1260.3.
   (r) The costs of the department to conduct any reinspections to
ensure compliance of a laboratory applying for initial licensure
shall be paid by the laboratory. This additional cost for each visit
shall be equal to the initial application fee and shall be paid by
the laboratory prior to issuance of a license. The department shall
not charge a reinspection fee if the reinspection is due to error or
omission on the part of the department.
   (s) A fee of twenty-five dollars ($25) shall be assessed for
approval of each additional location authorized by paragraph (2) of
subdivision (d) of Section 1265.
   (t) On or before July 1, 2013, the department shall report to the
Legislature during the annual legislative budget hearing process the
extent to which the state oversight program meets or exceeds federal
oversight standards and the extent to which the federal Department of
Health and Human Services is accepting exemption applications and
the potential cost to the state for an exemption.



1300.1.  The application and renewal fees for clinical laboratory
licenses specified in Section 1300 shall be adjusted annually in the
manner specified in Section 100450 of the Health and Safety Code. The
adjustments shall be rounded off to the nearest whole dollar amount.



1300.2.  Notwithstanding any other provision of this article, the
total fees collected under this chapter shall not exceed the costs
incurred by the department for licensing, certification, inspection,
or other activities relating to the regulation of clinical
laboratories and their personnel.



1301.  (a) The annual renewal fee for a clinical laboratory license
or registration set under this chapter shall be paid during the
30-day period before the expiration date of the license or
registration. If the license or registration is not renewed before
the expiration date, the licensee or registrant, as a condition
precedent to renewal, shall pay a delinquency fee equal to 25 percent
of the annual renewal fee for up to 60 days after the expiration
date, in addition to the annual renewal fee in effect on the last
preceding regular renewal date. Failure to pay the annual renewal fee
in advance during the time the license or registration remains in
force shall, ipso facto, work a forfeiture of the license or
registration after a period of 60 days from the expiration date of
the license or registration.
   (b) (1) The department shall give written notice to all persons
licensed pursuant to Section 1260, 1260.1, 1261, 1261.5, 1262, 1264,
or 1270 30 days in advance of the regular renewal date that a renewal
fee has not been paid. In addition, the department shall give
written notice to licensed clinical laboratory bioanalysts or
doctoral degree specialists and clinical laboratory scientists or
limited clinical laboratory scientists by registered or certified
mail 90 days in advance of the expiration of the fifth year that a
renewal fee has not been paid and if not paid before the expiration
of the fifth year of delinquency the licensee may be subject to
reexamination.
   (2) If the renewal fee is not paid for five or more years, the
department may require an examination before reinstating the license,
except that no examination shall be required as a condition for
reinstatement if the original license was issued without an
examination. No examination shall be required for reinstatement if
the license was forfeited solely by reason of nonpayment of the
renewal fee if the nonpayment was for less than five years.
   (3) If the license is not renewed within 60 days after its
expiration, the licensee, as a condition precedent to renewal, shall
pay the delinquency fee identified in subdivision (k) of Section
1300, in addition to the renewal fee in effect on the last preceding
regular renewal date. Payment of the delinquency fee will not be
necessary if within 60 days of the license expiration date the
licensee files with the department an application for inactive
status.



1301.1.  Notwithstanding any other provision of this chapter, the
department may establish such license periods and renewal dates for
all licenses issued under this chapter in a manner as to best
distribute the license renewal process throughout a given year, or
longer period, if necessary, to permit the most efficient and
economical use of the department's personnel and equipment. To the
extent practical, provision shall be made for the proration or other
fee adjustments in a manner that no licensee shall be required to pay
a greater or lesser fee than he or she would have been required to
pay if the change in license periods or renewal dates had not
occurred.



1302.  (a) There is hereby established in the State Treasury, the
Clinical Laboratory Improvement Fund.
   (b) All fees established under this chapter and Chapter 4
(commencing with Section 1600) of Division 2 of the Health and Safety
Code shall be collected by and paid to the department, and shall be
deposited by the department in the Clinical Laboratory Improvement
Fund, along with any other moneys received by the department for the
purpose of licensing, certification, inspection, proficiency testing,
or other regulation of clinical laboratories, blood banks, or
clinical laboratory personnel. Notwithstanding Section 16305.7 of the
Government Code, all interest earned on moneys deposited in the fund
shall be maintained in the fund.
   (c) Moneys deposited in the Clinical Laboratory Improvement Fund
that are appropriated in the annual Budget Act, or any other
appropriation, for support of, or expenditure by, the state
department shall, upon appropriation, be expended by the state
department to administer this chapter and Chapter 4 (commencing with
Section 1600) of Division 2 of the Health and Safety Code. All fees
collected pursuant to this chapter shall, upon appropriation, be
expended to administer this chapter and shall not be redirected for
any other purpose. All fees collected pursuant to Chapter 4
(commencing with Section 1600) of Division 2 of the Health and Safety
Code shall, upon appropriation, be expended to administer that
chapter and shall not be redirected for any other purpose.