GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2021, NUMBER 46-Z PU BLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW NO VEMBER 12, 2021 PROPOSED ACTION ON REGULATIONS TITLE 2. HEALTH AND HUMAN SERVICES AGENCY Conflict–of–Interest Code — Notice File Number Z2021–1027–01 ........................................ 1537 TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION Conflict–of–Interest Codes — Notice File Number 2021–1103–01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1537 AMENDMENT Multi–County: Mo ther Lode Job Training Agency State Agency: Ca lifornia Science Center De partment of Health Care Services ADOPTION Multi–County: Am ethod Public Schools TITLE 4. SCHOOL FINANCE AUTHORITY Charter School Facility Grant Program — Notice File Number Z2021–1102–17 ............................. 1538 TITLE 14.

FISH AND GAME COMMISSION California Grunion — Notice File Number Z2021–1101–01 ............................................. 1543 TITLE 14. FISH AND GAME COMMISSION Big Game Preference Points and Tag Refunds — Notice File Number Z2021–1102–06 ........................ 1545 TITLE 16. BOARD OF ACCOUNTANCY Definition of Satisfactory Evidence, Transcripts — Notice File Number Z2021–1102–18 ....................... 1548 TITLE 16. BOARD OF BEHA VIORAL SCIENCES Continuing Education and Additional Coursework — Notice File Number Z2021–1102–13 .................... 1551 (Continued on next page) Time- Dated Material

TITLE 16. BOARD OF PHARMACY Self–Assessments for Pharmacies — Notice File Number Z2021–1102–02 .................................. 1555 TITLE 16. BOARD OF REGISTERED NURSING Prelicensure Nursing Programs, Sections 1423 and 1432 — Notice File Number Z2021–1102–04 ............... 1558 TITLE 16. BOARD OF REGISTERED NURSING Prelicensure Nursing Programs,

Section 1427 — Notice File Number Z2021–1102–05 ........................ 1561 TITLE 16. BOARD OF REGISTERED NURSING Continuing Education Courses — Notice File Number Z2021–1102–07 .................................... 1563 TITLE 16. BOARD OF REGISTERED NURSING Nurse Practitioner Education — Notice File Number Z2021–1102–15 ..................................... 1566 TITLE 16. BUREAU OF SECURITY AND INVESTIGATIVE SERVICES Private Investigator Fees — Notice File Number Z2021–1102–01 ......................................... 1569 TITLE 16.

ARCHITECTS BOARD Citations — Notice File Number Z2021–1102–09 ...................................................... 1574 TITLE 16. ARCHITECTS BOARD Disability Access/Continuing Education — Notice File Number Z2021–1102–12 ............................. 1577 TITLE 16. DENTAL BOARD Consolidated Continuing Education — Notice File Number Z2021–1102–14 ................................ 1580 TITLE 16. DENTAL HYGIENE BOARD Registered Dental Hygienists in Alternative Practice, Performance of Soft Tissue Curettage and Administration of Local Anesthesia — Notice File Number Z2021–1102–03 ..................... 1585 TITLE 16.

DENTAL HYGIENE BOARD Required Curriculum for Registered Dental Hygienists — Notice File Number Z2021–1102–10 ................. 1588 TITLE 16. MEDICAL BOARD Notice to Consumers — Notice File Number Z2021–1102–08 ............................................ 1592 TITLE 16. PROFESSIONAL FIDUCIARIES BUREAU Inactive and Retired License Status — Notice File Number Z2021–1102–16 ................................. 1597 TITLE 17. DEPAR TMENT OF PUBLIC HEALTH Lead Dust Standard Update — Notice File Number Z2021–1102–11 ....................................... 1600

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State ............................................................. 1604 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1537 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters . TITLE 2. H EALTH AND HUMAN SERVICES AGENCY NOTICE OF INTENTION TO AMEND THE CONFLICT–OF–INTEREST CODE OF THE CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY NOTICE IS HEREBY GIVEN that the California Health and Human Services Agency , pursuant to the authority vested in it by

section 87306 of the Government Code, proposes amendment to its conflict–of–interest code. A comment period has been established commencing on November 12, 2021, and closing on December 27, 2021. All inquiries should be directed to the contact listed below. The California Health and Human Services Agency proposes to amend its conflict–of–interest code to include employee positions that involve the making or participation in the making of decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (

a) of

section 87302 of the Government Code. The amendment carries out the purposes of the law and no other alternative would do so and be less burdensome to affected persons. Changes to the conflict–of–interest code include adding positions that involve the making or partici - pating in making governmental decisions, remov - ing positions that do not perform duties meeting this standard, updating position classifications due to the Information Technology position reclassification, and also makes other technical changes.

The proposed amendment and explanation of the reasons can be obtained from the agency’s contact listed below. Any interested person may submit written com - ments relating to the proposed amendment by submit- ting them no later than December 27, 2021, or at the conclusion of the public hearing, if requested, which - ever comes later. At this time, no public hearing is scheduled. A person may request a hearing no later than December 12, 2021. The California Health and Services Agency has determined that the proposed amendments: 1 . I mpose no mandate on local agencies or school districts. 2 .

I mpose no costs or savings on any state agency. 3 . I mpose no costs on any local agency or school district that are required to be reimbursed under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code. 4 . W ill not result in any nondiscretionary costs or savings to local agencies. 5 . W ill not result in any costs or savings in federal funding to the state. 6 . W ill not have any potential cost impact on private persons, businesses, or small businesses. All inquiries concerning this proposed amendment and any communication required by this notice should be directed to: Deepa Menon Attorney Office of Systems Integration 2495 Natomas Park Drive, Suite 515 Sacramento, CA 95833 (916) 263–0324 E–mail: Deepa.Menon@osi.ca.gov TITLE 2.

F AIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Government Code to review proposed conflict– of–interest codes, will review the proposed/amended conflict–of–interest codes of the following: CONFLICT–OF–INTEREST CODES AMENDMENT Multi–County: M other Lode Job Training Agency State Agency: C alifornia Science Center D epartment of Health Care Services ADOPTION Multi–County: A method Public Schools A written comment period has been established commencing on November 12, 2021 and closing on December 27, 2021.

Written comments should be directed to the Fair Political Practices Commission,

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1538 Attention Daniel Vo, 1102 Q Street, Suite 3000, Sacramento, California 95811. At the end of the 45–day comment period, the proposed conflict–of–interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly authorized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will review the above–referenced conflict–of–interest code(s), proposed pursuant to Government Code

Section 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose certain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested person, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re– submission within 60 days without further notice. Any interested person may present statements, arguments or comments, in writing to the Executive Director of the Commission, relative to review of the proposed conflict–of–interest code(s). Any written comments must be received no later than December 27, 2021. If a public hearing is to be held, oral comments may be presented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or increased costs to local government which may re - sult from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Government Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code–reviewing body for the above conflict–of– interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re–submission.

REFERENCE Government Code Sections 87300 and 87306 pro - vide that agencies shall adopt and promulgate conflict– of–interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict– of–interest code(

s) should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. AVAILABILITY OF PROPOSED CONFLICT–OF–INTEREST CODES Copies of the proposed conflict–of–interest codes may be obtained from the Commission offices or the respective agency. Requests for copies from the Commission should be made to Daniel Vo, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 322–5660. TITLE 4. S CHOOL FINANCE AUTHORITY

ARTICLE 1.5, SECTIONS 10170.2 THROUGH 10170.10 NOTICE IS HEREBY GIVEN that the California School Finance Authority (Authority), to organize pursuant to Sections 17170 through 17199.6 of the Education Code, proposes to amend the regulations described below after considering all comments, objections, and recommendations regarding the proposed action. Any person interested may present written statements or arguments relevant to the proposed action to the attention of the Contact Person as listed in this Notice no later than Monday, December 27, 2021.

The Authority Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposal substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person(

s) CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1539 designated in this notice as contact person and will be mailed to those persons who submit statements related to this proposal or who have requested notification of any changes to the proposal. PROPOSED REGULATORY ACTION The Authority proposes to adopt Sections 10170.2 through 10170.10 of Title 4 of the California Code of Regulations (Regulations) as permanent regulations. The Regulations implement Authority’s responsibilities related to the Charter School Facility Grant Program (Program). AUTHORITY AND REFERENCE Authority:

Section 47614.5 of the Education Code.

Section 47614.5(

m) allows the Authority to adopt regulations in order to administer the Program. Reference:

Section 47614.5 of the Education Code,

Section 47600, et seq., of the Education Code,

Section 47605 of the Education Code, and

Section 47612.5 of the Education Code. The Regulations include a number of the requirements of the Program contained in

Section 47614.5. They also rely on specific provisions within the Charter Schools Act of 1992, commencing with

Section 47600 of the Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Authority was created in 1985 to assist school districts and community college districts in financing school construction projects (Education Code

Section 17170, et seq.). The Authority is authorized to adopt bylaws for the regulation and conduct of its business, and is vested with all powers reasonably necessary to carry out its powers and responsibilities (Education Code Sections 17179 and 17180). Pursuant to Education Code,

Section 47614.5, the State Legislature directed the Authority to commence administration of the Program with the 2013–14 fiscal year and to adopt regulations to implement the statute. Effective July 1, 2013, the Authority initiated its administration of the Program, and pursuant to

Section 47614.5(m), a Certificate of Compliance was approved on August 6, 2014 by the Office of Administrative Law (OAL) (OAL Regulatory Action #2014–0625–01C). OAL approved a second permanent rulemaking action pursuant to Government Code,

Section 11346.1(

h) on May 3, 2016 (OAL Regulatory Action # 2016–0401–02SR). A Certificate of Compliance was approved on May 6, 2016 (OAL Regulatory Action #2016–0401–02SR). OAL approved a third permanent rulemaking action pursuant to Government Code,

Section 11346.1(

h) on August 24, 2017 (OAL Regulatory Action # 2017–0719–02S). A Certificate of Compliance was approved on August 24, 2017 (OAL Regulatory Action #201 7–0719–02S). OAL approved a fourth permanent rulemaking action pursuant to Government Code,

Section 11346.1(

h) on October 18, 2018 (OAL Regulatory Action # 2018–0906–03C). A Certificate of Compliance was approved on October 18, 2018 (OAL Regulatory Action # 2018–0906–03C). OAL approved a fifth permanent rulemaking action pursuant to Government Code,

Section 11346.1(

h) on March 30, 2020 (OAL Regulatory Action # 2020–0214–01SR). A Certificate of Compliance was approved on March 30, 2020 (OAL Regulatory Action # 2020–0214–01SR). In order to establish permanent regulations for purposes of administration of the Program, the Authority is proposing permanent regulations through OAL ’s permanent rulemaking process. The proposed regulations set forth Authority’s policies and procedures for administering the Program, including:

definitions; minimum eligibility requirements; application submission and content requirements; procedures for apportionment of grant funds and appeals; and policies governing Grantee obligations, responsibilities and approval of grant use change.

In order to be eligible for Program grant funds, Applicants are required to meet minimum eligibility requirements, which include, but are not limited to, the following: (1) applications are submitted by or on behalf of a Charter School; (2) a current charter has been awarded and is in place at the time of the application submission, or in the case of a first year charter, there is evidence that a charter petition has been submitted for approval to the Chartering Authority; and (3) either fifty–five percent (55%) or more of the student enrollment at the Charter School site must be eligible for free or reduced–price meals (FRPM) or the Charter School site for which grant funds are requested must be physically located in the local attendance area of a public elementary school that has fifty–five percent (55%) or more of its students eligible for FRPM.

Pursuant to Education Code,

Section 47614.5(f), the Program provides assistance to Charter Schools with the following types of costs: costs associated with facilities consistent with the

definitions used in the California School Accounting Manual or regulations adopted by Authority and costs associated with common area maintenance. For a description of further benefits, please see part “d” under the “Results of Economic Impact Assessment.” After conducting an evaluation of any related regulations on this matter, the Authority has concluded

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1540 that these are the only regulations dealing with the Program, and therefore, these proposed regulations do not present any inconsistencies or incompatibilities with existing state regulations. The Regulations are briefly summarized below.

Section 10170.2. D efinitions ( c) — “Attendance Area”. Defined to clarify and explain which local elementary school referenced in Program Regulation

Section 10170.3(d)(2) is chosen during eligibility review. ( c)–(u) — Each subsection will be amended to the next letter alphabetically. ( q) — “Good Standing” — Removes of (1) “compliance with the terms of its Charter Agreement” and (2) “no pending or outstanding Notices of Violation described in Education Code

Section 47607(g)”; added “provided” and removed “prepared” as well adding “SB740” and updating the form number. The new form is provided as an attachment.

Section 10170.3. E ligible Applicant ( d)(2) — Capitalize “Attendance Area” due to the added definition and remove, “as determined by the local school district.” Add “One of the following must be met in order to demonstrate preference:” ( d)(2)(A) — Add “Education Code

Section 47614.5(c)(2)(

A) directly referenced regarding preference in the admission

section of the current charter petition, or;” ( d)(2)(B) — “Students from said public elementary school must be specifically listed as receiving preference in the admission

section of the current charter petition.” ( f) — Add “may be considered in Good Standing and/or eligible for funding” and remove “may cure ineligibility for grant funds” ( f)(1) — Add “superseding” and “funding round’s” ( f)(2) — Add “The Notice of Intent to Revoke has been withdrawn by the chartering authorizer.” and remove “An Applicant found not to be in Good Standing solely due to the Applicant failing to meet the requirements of Education Code

Section 47607(f)(3) must provide evidence demonstrating fiscal solvency to the satisfaction of the Authority. Such evidence may include the Applicant’s organizational budgets and audited financials.” ( f)(3) — Add “An Applicant actively appealing a Notice of Revocation and meets the criteria described in Education Code

Section 47607(l).” to add a remedy as described in

Section 47607(l) ( f)(4) — Add “An Applicant that successfully appeals said revocation per

Section 47607(m).”

Section 10170.5. A pplication Submission ( a)(1) — Add “by 9:00 a.m. on April 1.” and “on June 1 of the same year.” and “and deadlines” were added and remove “in the month of” and “the date five weeks from the date the Application is made available by the Authority” ( a)(4) — Add “If any of the dates listed in 10170.5(a)(1) & (2) fall on a Saturday or Sunday or a holiday listed in Education Code

Section 45203, the new date will be the following business day.”

Section 10170.6. C ontent of Application ( h) — Add “initial”, “related to documentation requested”, and “a full or partial reduction”

Section 10170.9. A pportionment of Grant Funds ( f) — Add “or if a Grantee’s charter is revoked and was provided any funds provided related to under

Section 10170.3(f)(2),” for the ability to invoice and collect funds related to

Section 10170.3(f)(2).

Section 10170.10. N otification of Grantee; Appeal Process ( f) — Remove “Including the 30 day extension, the entire Appeal Process under subsections (b)– (

d) may not exceed 120 days.” ( g) — Add “applicant fails to reach

Section 10170.10 (

e) within 120 days from receipt of the Authority’s notice described in

Section 10170.10(b)” and remove “appeal is not able to be resolved by the deadlines provided in

Section 10170.10 (b), (d), and (f)”. ( i) — Add “Applicants whose charter has been revoked and noticed as of Education Code

Section 47607(

n) and were determined ineligible based on a lack of Good Standing confirmation are not eligible for the appeal process provided in this section.” INCORPORATED BY REFERENCE FORM Charter School Facility Grant Program Good Standing Confirmation Form, CSFA 0921: revised November 2, 2021. OTHER MATTERS PRESCRIBED BY STATUTES APPLICABLE TO THE SPECIFIC STATE AGENCY OR TO ANY SPECIFIC REGULATION OR CLASS OF REGULATIONS No other matters prescribed by statute are applicable to the Authority or to any specific Regulation or class of Regulations pursuant to

Section 11346.5(a)(4) of

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1541 the California Government Code pertaining to the proposed Regulations or the Authority. MANDATE ON LOCAL AGENCIES OR SCHOOL DISTRICTS The Authority has determined that the Regulations do not impose a mandate on local agencies or school districts. FISCAL IMPACT The Authority has determined that the Regulations do not impose any additional cost or savings to any state agency, any costs to any local agency or school district requiring reimbursement under

Part 7 (commencing with

Section 17500) of Division 4 of Title 2 of the Government Code, any other non–discretionary cost or savings to any local agency, or any cost or savings in federal funding to the State. On an annual basis, the State Legislature will issue appropriations for purposes of the Program grant funds based on availability of funding and demand for the Program. For the current 2021–22 fiscal year, the State Legislature appropriated approximately $144 million towards Program grant funds.

The appropriation caused the Authority to apply the pro–rata share methodology since the ADA cost increased to $1,232 for all eligible schools. There will be no cost or savings to any State Agency pursuant to Government Code Sections 11346.1(

b) or 11346.5(a)(6). INITIAL DETERMINATION REGARDING ANY SIGNIFICANT, STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTL Y AFFECTING BUSINESS The Authority has made an initial determination that the Regulations will not have any significant, statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. EFFECT ON SMALL BUSINESSES The Authority has determined that the adoption of the Regulations will not affect small business.

The Program is a voluntary grant program available to Charter Schools to assist in the costs of Charter School facilities. COST IMPACTS The Authority is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

ASSESSMENT OF EFFECT ON JOBS AND BUSINESS EXPANSION, ELIMINATION OR CREATION Adoption of these regulations will not: (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; or (3) affect the expansion of businesses currently doing business within California. COST IMPACT ON HOUSING The Regulations will not have any effect on housing costs. RESULTS OF ECONOMIC IMPACT ASSESSMENT The proposed regulations will unlikely have an impact on the creation or elimination of jobs within the State of California.

In addition, the Authority is unaware of any reason providing Grant funds to awardees would result in the elimination of jobs. The purpose of the proposed regulations is to set forth administrative criteria and requirements for administering a Grant program that will disburse funds to existing Charter Schools in need across the State of California for per pupil facilities funding. There are no provisions within the proposed regulations which place additional burdens, obligations, or expenses on existing businesses such that jobs would be created or eliminated as a result.

The proposed regulations will unlikely have an impact on the creation or elimination of new businesses within the State of California. As noted above, the purpose of the proposed regulations is to set forth administrative criteria and requirements for administering a Grant program that provides per pupil facilities funding to existing Charter Schools in need. There are no provisions within the proposed regulations, which place additional burdens, obligations, or expenses on existing businesses such that businesses would be created or eliminated as a result of the proposed regulations.

The proposed regulations will unlikely have an impact on the expansion of businesses currently doing business within the State of California. The purpose of the proposed regulations is to set forth uniform and consistent criteria to administer a Grant program that will provide per pupil facilities funding to existing Charter Schools. The proposed regulations are intended to provide per pupil facilities funding to existing Charter Schools in need, especially serving communities with low– income households. As such, to the extent that the awards benefit the long–term viability of Charter

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1542 Schools, the Program and its proposed regulations have the potential to directly benefit economically vulnerable populations and communities throughout the State. We do not expect any anticipated benefits to worker safety or the State’s environment. However while each funding is different, funding for facilities may allow schools to free up assets potentially allowing actions resulting in improved worker safety. REASONABLE ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Authority must determine that no reasonable alternative to the Regulations considered by the Authority or that has otherwise been identified and brought to the attention of the Authority, would be more effective in carrying out the purpose for which the Regulations are proposed or would be as effective and less burdensome to affected private persons than the Regulations, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Authority invites interested persons to present statements with respect to alternatives to the Regulations during the written comment period. AGENCY CONTACT PERSON(

S) Written comments, inquiries, and any questions regarding the substance of the Regulations shall be submitted or directed to: Katrina Johantgen, Executive Director California School Finance Authority at: 300 S.

Spring Street, Suite 8500 Los Angeles, CA 90013 (213) 620–4608 Or 915 Capitol Mall, Room 101 Sacramento, CA 95814 (916) 651–7710 or kjohantgen@treasurer.ca.gov or csfa@treasurer.ca.gov The following person is designated as a backup Contact Person for inquiries only regarding the Regulations: Ravinder Kapoor, Senior Attorney 915 Capitol Mall, Room 110 Sacramento, CA 95814 (916) 653–2995 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the Regulations to the Authority.

The written comment period on the Regulations will end on Monday, December 27, 2021. All comments to be considered by the Authority must be submitted in writing to the Agency Contact Person identified in this Notice by that time. In the event that changes are made to the Regulations during the written comment period, the Authority will also accept additional written comments limited to any changed or modified Regulations for 15 calendar days after the date on which such Regulations, as changed or modified are made available to the public pursuant to Title 1,

Chapter 1,

Section 44 of the California Code of Regulations. Such additional written comments should be addressed to the Agency Contact Person identified in this Notice. AVAILABILITY OF INITIAL STATEMENT OF REASONS, RULEMAKING FILE AND EXPRESS TERMS OF PROPOSED REGULATIONS The Authority has established a rulemaking file for this regulatory action, which contains those items required by law. The file is available for inspection at the Authority’s office at 915 Capitol Mall, Suite 101, Sacramento, California, during normal business hours.

As of the date this Notice is published in the Notice Register, the rulemaking file consists of this Notice, the Initial Statement of Reasons, and the proposed text of the Regulations. Copies of these items are available upon request, from the Agency Contact Person designated in this Notice. The Sacramento address will also be the location for inspection of the rulemaking file and any other public records, including reports, documentation and other materials related to this proposed regulatory action.

In addition, the rulemaking file, including the Initial Statement of Reasons and the proposed text, may be viewed on the Authority’s Web site at www.treasurer.ca.gov/csfa. PUBLIC HEARING No public hearing regarding the Regulations has been scheduled. Anyone wishing a public hearing must submit a request in writing, pursuant to

Section 11346.8 of the Government Code, to the Authority at least 15 days before the end of the written comment

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1543 period. Such request should be addressed to the Agency Contact Person identified in this Notice and should specify the Regulations for which the hearing is being requested. 15–DAY AVAILABILITY OF CHANGED OR MODIFIED TEXT After the written comment period ends and following a public hearing, if any is requested, the Authority may adopt the Regulations substantially as described in this Notice, without further notice.

If the Authority makes modifications that are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public (including through the Authority’s Web site described above) for at least fifteen (15) calendar days before the Authority adopts the proposed Regulations, as modified. Inquiries about and requests for written copies of any changed or modified regulations should be addressed to the Agency Contact Person identified in this Notice.

AVAILABILITY OF FINAL STATEMENT OF REASONS The Authority is required to prepare a Final Statement of Reasons pursuant to Government Code

Section 11346.9. Once the Authority has prepared a Final Statement of Reasons, a copy will be made available to anyone who requests a copy and will be available on the Authority’s Web site described above. Written requests for copies should be addressed to the Agency Contact Person identified in this Notice. TITLE 14. F ISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by sections 200, 205, 265, 275, 7071, and 8587.1 of the Fish and Game Code and to implement, interpret, or make specific sections 200, 205, 255, 265, 270, 275, 7071, 7120, and 8587.1 of said Code, proposes to amend subsection (

b) of

Section 27.60, Title 14, California Code of Regulations, and

Section 28.00, T14, CCR, relating to California grunion. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section references in this document are to Title 14 of the California Code of Regulations. Under current regulations grunion does not have a bag or possession limit (subsection 27.60(b), Title 14, CCR), and the grunion fishery is open from June 1 through March 31 (Section 28.00, Title 14, CCR). Grunion may only be taken recreationally from June 1 through March 31 (Fish and Game Code

section 8381) and no directed commercial fishery may be developed for grunion (Section 111, Title 14, CCR). The proposed regulatory changes will establish a bag and possession limit of 30 grunion for recreational fishers and close the month of June to take of grunion, shortening the open season by one month, from July 1 through March 31, for recreational fishing. BENEFIT OF THE REGULATIONS The proposed regulatory action is designed to address concerns over the health and long–term sustainability of the grunion fishery.

Grunion are an endemic and culturally iconic species known for their spawning behavior, where they “run” onto beaches. Recent data have shown that the abundance of grunion has declined over the past decade. Past regulations enabled recovery of the grunion population, and the proposed regulations should likewise help to protect and recover the grunion population, thereby benefitting the sustainability of the fishery. These proposed regulations will further benefit future Californians by preserving grunion populations for all to observe and enjoy.

CONSISTENCY AND COMPATIBILITY WITH EXISTING REGULATIONS The proposed regulations are neither inconsistent nor incompatible with existing state regulations.

Section 20,

article IV, of the California Constitution specifies that the Legislature may delegate to the Fish and Game Commission such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Commission has reviewed its own regulations and finds that the proposed regulations are neither inconsistent nor incompatible with existing state regulations. The Commission has searched the California Code of Regulations and finds no other state agency regulations pertaining to the commercial take of grunion.

PUBLIC PARTICIPATION NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a webinar/teleconference meeting to be held on Thursday, December 16, 2021 , at 8:30 a.m., or as soon thereafter as the matter may be heard. Instructions for participation in the webinar/

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1544 teleconference meeting will be posted at www.fgc. ca.gov in advance of the meeting or may be obtained by calling 916–653–4899. NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in Sacramento, California, on Wednesday, February 16, 2022 , at 8:30 a.m., or as soon thereafter as the matter may be heard. The specific location for this meeting is still being determined.

As soon as this information is available, but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing the exact location. The continuation notice will also be published in the California Regulatory Notice Register and published on the Commission’s website. Instructions for participation in the meeting will be posted at www.fgc.ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

It is requested, but not required, that written comments be submitted by 5:00 p.m. on February 2, 2022 at the address given below, or by email to FGC@ fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on February 11, 2022. All comments must be received no later than February 16, 2022, during the Commission meeting. If you would like copies of any modifications to this proposal, please include your name and mailing address. Mailed comments should be addressed to Fish and Game Commission, 715 P Street, 16 th Floor, Sacramento, CA 95814.

AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, 16 th Floor, Sacramento, California 95814, phone (916) 653–4899.

Please direct requests for the above– mentioned documents and inquiries concerning the regulatory process to Melissa Miller–Henson or David Haug at FGC@fgc.ca.gov or at the preceding address or phone number. Environmental Scientist, Armand Barilotti, Department of Fish and Wildlife, ( Armand. Barilotti@wildlife.ca.gov or (562) 342–7164), has been designated to respond to questions on the substance of the proposed regulations.

AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations prescribed in sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address above when it has been received from the agency program staff.

IMPACT OF REGULATORY ACTION The potential for significant statewide adverse economic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) S ignificant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: T he proposed action will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. No equipment may be used in the take of grunion (Section 29.00 Title 14, CCR), so the new amendments to regulations will not result in the loss of revenue for tackle shops or other small businesses.

The new amendments to regulations might result in a slight increase in sales for tackle and bait stores since some fishers might need to purchase bait or lures to replace grunion as a source of bait during the month of June. (

b) I mpact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1545 California Residents, Worker Safety, and the State’s Environment: T he Commission does not anticipate any impacts on the creation or elimination of jobs, the creation of new business, the elimination of existing businesses or the expansion of businesses in California. The Commission does not anticipate any benefits to the health and welfare of California residents or worker safety. T he new regulations will benefit the environment by increasing the abundance of grunion.

Grunion and their eggs are prey for many game fishes, birds, and other marine organisms, especially when they congregate for their spawning runs. Thus, increasing the grunion population should have positive impacts on the environment. (

c) C ost Impacts on a Representative Private Person or Business: W hile many recreational grunion fishers (representative private persons) will not incur any change in costs, those who wish to substitute the bait uses of grunion that may no longer be harvested in June with another source of bait would incur new costs. The discretionary cost to fishers to purchase alternative forms of bait or artificial lures from tackle stores to replace grunion constitute the initial costs for an individual. A typical lure that imitates a grunion costs up to $20.00, while frozen bait costs much less.

Such lures generally last several years, so that the cost would be a one–time cost and not an annual cost. Bait and fishing tackle stores (representative businesses) would incur no new costs, but they would be the recipients of individual grunion fisher’s expenditures on lures or bait. (

d) C osts or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) N ondiscretionary Costs/Savings to Local Agencies: None. (

f) P rograms Mandated on Local Agencies or School Districts: None. (

g) C osts Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) E ffect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a) (1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 14.

F ISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the authority vested by Sections 200, 203, 219, 265, 331, 460, 1050, 3051, 3452, 3453, 3953 and 4334, Fish and Game Code and to implement, interpret or make specific Sections 200, 203, 203.1, 255, 265, 331. 332, 458, 459, 460, 713, 1050, 3051, 3452, 3453, 3953 and 4334; Title 14, California Code of Regulations, relating to big game mammal hunting regulations.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The California Department of Fish and Wildlife (Department) manages deer, bighorn sheep, pronghorn antelope, and elk resources in California. Deer hunting tags, bighorn sheep hunting tags, pronghorn antelope hunting tags, and elk hunting tags are required to hunt these species in California. The Department distributes hunting tags for certain deer, bighorn sheep, pronghorn antelope, and elk annually via the big game drawing.

Public demand for deer, bighorn sheep, pronghorn antelope, and elk hunting tags exceeds the available opportunities; therefore, a modified preference point system (currently

Section 708.14) provides preference to hunters who have applied for, but not received, tags in past drawings. Each year a hunter applies for a premium deer, bighorn sheep, pronghorn antelope, or elk hunting tag and is not drawn, that hunter receives a preference point which gives that hunter preference in future drawings for that species. A portion of the tag quota for deer, bighorn sheep, pronghorn antelope,

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1546 and elk tags are allocated by preference point drawing each year. A portion of tags are issued randomly to allow some opportunity for new hunters and hunters that do not have enough preference points to draw through the preference point portion of the drawing. The 2021 season trails the catastrophic 2020 fire season, and like 2020, has caused unprecedented public land closures, including the temporary closure of all national forests in California.

These closures have resulted in a loss of opportunity for hunters who had “once in a lifetime” deer, bighorn sheep, pronghorn antelope, or elk hunting tags. Hunters used many years of accumulated preference points (in many cases 19 years of preference points) to obtain the required tags for the hunts specified in the proposed regulation. Regulations to address conditions resulting from the 2021 fire season are needed to allow hunters to return their first–choice tags after the season starts. The Department is proposing to amend

Section 708.14, subsections (j) (for deer) and (k) (for bighorn sheep, pronghorn antelope, and elk) to allow hunters who lost their opportunity to hunt due to land closures caused by fires to return certain deer, bighorn sheep, pronghorn antelope, and elk tags for reinstatement of the preference points used to obtain the tag through the drawing and earn one preference point for the license year after the start of the hunting season. The eligibility for tag refund continues to apply only to the elk, bighorn sheep, and pronghorn antelope tags. Hunters who request a refund would be required to pay the $31.93 nonrefundable big game tag return processing fee specified in

Section 702. The purpose of the proposed regulation is to authorize the Department to consider reinstatement of preference points and award one preference point for the license year for certain deer tags and to refund tag fees, reinstate preference points, and award one preference point for the license year for bighorn sheep, pronghorn antelope, and elk hunts whose hunt zones are inaccessible for sixty–six percent (66%) or more of the season as a result of public land closures.

Considering that public lands access restrictions have changed during the preparation of these regulatory documents (fall 2021), this regulation aims to function retroactively, whereby written requests for point reinstatements (and refunds, if applicable) would need to be postmarked before May 1, 2022 for consideration. The regulation would act prospectively for the 2022 license year and beyond, and require postmark before February 28 of that license year.

The proposal would affect hunters who were drawn for the following deer, bighorn sheep, pronghorn antelope, and elk hunts: Deer ● T hose deer zones defined in Title 14,

Section 708.1 and described as Premium Deer Hunt Tags ○ The approximate number of premium deer hunt tags eligible for points re–instatement (as of September 16, 2021): 15,037 across 14 archery zones and 6 general zones Bighorn Sheep ● T hose zones defined in Title 14,

Section 362 ○ The approximate number of bighorn sheep hunt tags affected (as of September 16, 2021): 0. No sheep hunts are affected by known public land closures and thus the proposed regulation. Pronghorn Antelope ● T hose zones defined in Title 14,

section 363 ○ The approximate number of pronghorn antelope hunt tags affected (as of September 16, 2021): 106 Elk ● T hose zones defined in Title 14,

Section 364 ○ The approximate number of elk hunt tags affected (as of September 16, 2021): 113 across 7 general zones, 1 archery zone, and 2 apprentice zones BENEFITS OF THE REGULATIONS The proposed regulation will authorize the Department to reinstate preference points and award one additional preference point for the license year for certain deer tags, and reinstate preference points, award one additional preference point for the license year, and issue tag fee refunds to hunters who lost elk, bighorn sheep, and pronghorn antelope hunting opportunities due public land closures.

NON–MONETARY BENEFITS TO THE PUBLIC The Commission expects this proposal will provide non–monetary benefits to the public by promoting fairness in the allocation of public hunting opportunities because hunters who lost deer, elk, bighorn sheep, and pronghorn antelope hunting opportunities will have the ability to have their preference points reinstated, earn a preference point for the license year, and have another chance to obtain a deer, elk, bighorn sheep, or a pronghorn antelope tag in the future.

The Commission does not anticipate non–monetary benefits to the public through the protection of public health and safety, worker safety, the prevention of discrimination, the promotion of social equity and the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1547 increase in openness and transparency in business and government. CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS The Commission, pursuant to Fish and Game Code Sections 200 and 203, has the sole authority to regulate deer, elk, bighorn sheep, and pronghorn antelope hunting in California. Commission staff has searched the California Code of Regulations and has found the proposed changes pertaining to deer, elk, bighorn sheep, and pronghorn antelope tag allocations are consistent with Title 14.

Therefore, the Commission has determined that the proposed amendments are neither inconsistent nor incompatible with existing State regulations. NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a webinar/teleconference hearing to be held on Wednesday, December 15, 2021, at 8:30 a.m., or as soon thereafter as the matter may be heard. Instructions for participation in the webinar/ teleconference hearing will be posted at www.fgc. ca.gov in advance of the meeting or may be obtained by calling 916–653–4899.

NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant to this action at a hearing to be held in Sacramento, California on Thursday, February 17, 2022 at 8:30 a.m., or as soon thereafter as the matter may be heard. The specific location for this meeting is still being determined. As soon as this information is available, but not less than thirty days before the hearing, a continuation notice will be sent to interested and affected parties providing an exact location.

The continuation notice will also be published in the California Regulatory Notice Register and published on the Commission’s website. It is requested, but not required, that written comments be submitted on or before February 17, 2022 at the address given below, or by email to FGC@ fgc.ca.gov. Written comments mailed, or emailed to the Commission office, must be received before 12:00 noon on February 11, 2022. All comments must be received no later than February 17, 2021, during the hearing. If you would like copies of any modifications to this proposal, please include your name and email or mailing address.

Mailed comments should be addressed to Fish and Game Commission, PO Box 944209, Sacramento, CA 94244–2090. AVAILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulation in underline and strikeout format can be accessed through the Commission website at www.fgc.ca.gov. The regulations as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review from the agency representative, Melissa Miller–Henson, Executive Director, Fish and Game Commission, 715 P Street, P.O.

Box 944209, Sacramento, California 94244– 2090, phone (916) 653–4899. Please direct requests for the above–mentioned documents and inquiries concerning the regulatory process to Melissa Miller– Henson or David Thesell at the preceding address or phone number. Brad Burkholder, Environmental Program Manager, has been designated to respond to questions on the substance of the proposed regulations. He can be reached at (916) 373–6619 or via email at Brad.Burkholder@wildlife.ca.gov.

AVAILABILITY OF MODIFIED TEXT If the regulations adopted by the Commission differ from but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption. Circumstances beyond the control of the Commission (e.g., timing of Federal regulation adoption, timing of resource data collection, timelines do not allow, etc.) or changes made to be responsive to public recommendation and comments during the regulatory process may preclude full compliance with the 15–day comment period, and the Commission will exercise its powers under

Section 265 of the Fish and Game Code. Regulations adopted pursuant to this

section are not subject to the time periods for adoption, amendment or repeal of regulations prescribed in Sections 11343.4, 11346.4, 11346.8 and 11347.1 of the Government Code. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency representative named herein. If the regulatory proposal is adopted, the final statement of reasons may be obtained from the address above when the approved final has been received from the agency program staff.

Impact of Regulatory Action/Results of the Economic Impact Assessment The potential for significant statewide adverse economic impacts that might result from the proposed regulatory action has been assessed, and the following initial determinations relative to the required statutory categories have been made: (

a) S ignificant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: T he proposed action will not have a significant statewide adverse economic impact directly

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1548 affecting business, including the ability of California businesses to compete with businesses in other states. Considering the relatively small number of tags eligible for refund for bighorn sheep for the 2021 license year (zero), pronghorn sheep (100), and elk (109) over the entire state, this proposal is economically neutral to business. Given the recent timing of wildfires and potentials for public land closures, the impacts for the 2022 license year are anticipated to be similar. (

b) I mpact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: T he Commission anticipates no impact on the creation or elimination of jobs within the state, no impact on the creation of new business, the elimination of existing businesses or the expansion of businesses in California as minor variations in hunting regulations are, by themselves, unlikely to provide a substantial enough economic stimulus to the state.

T he Commission anticipates benefits to the health and welfare of California residents. Hunting provides opportunities for multi–generational family activities and promotes respect for California’s environment by the future stewards of the State’s resources. The proposed action will not provide benefits to worker safety. The Commission anticipates benefits to the State’s environment in the sustainable management of natural resources (

c) C ost Impacts on a Representative Private Person or Business: T he Commission is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with this proposed action. Individuals may receive refunds for previously paid tag fees that could vary from $45.60 for a resident bighorn sheep tag (includes base fee and surcharge), to $159.91 for a resident pronghorn antelope tag, to $475.20 for a resident elk tag. A $31.93 nonrefundable big game tag return processing fee per refund, as specified in

Section 702, is deducted from the amount refunded. The choice to obtain a refund is not required and is purely discretionary for each individual. (

d) C osts or Savings to State Agencies or Costs/ Savings in Federal Funding to the State U nder the proposed regulation, a total of 209 hunters could be eligible for tag refunds. Hunters would be required to pay the $31.93 nonrefundable big game tag return processing fee specified in

Section 702. There are no big horn sheep hunters, 100 pronghorn antelope (including 6 apprentice hunters), 109 elk hunters (including four apprentice hunters), 0 bighorn sheep hunters, and 38 pronghorn antelope hunters who could potential request tag refund. At most, the Department would be required to issue 209 tag refunds for up to a net total of approximately $61,120. A dditionally, the Department anticipates that the projected increase in the total number of refunds and point reinstatements may exceed staff time currently budgeted for those job tasks.

In the current hunt season, the total staff time/costs redirected to processing tag refunds and/or point reinstatements is estimated to exceed a typical year by $291,657. T he combined cost estimates total $352.77. (

e) N ondiscretionary Costs/Savings to Local Agencies: None. (

f) P rograms Mandated on Local Agencies or School Districts: None. (

g) C osts Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) E ffect on Housing Costs: None. EFFECT ON SMALL BUSINESS It has been determined that the adoption of these regulations may affect small business. The Commission has drafted the regulations in Plain English pursuant to Government Code Sections 11342.580 and 11346.2(a)(1).

CONSIDERATION OF ALTERNATIVES The Commission must determine that no reasonable alternative considered by the Commission, or that has otherwise been identified and brought to the attention of the Commission, would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. TITLE 16.

B OARD OF ACCOUNTANCY NOTICE IS HEREBY GIVEN that the California Board of Accountancy (CBA) is proposing to take

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1549 the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held as follows: Public Hearing for Proposed Changes to Division 1 of Title 16,

Article 1,

Section 2.8 of the California Code of Regulations Hosted by the California Board of Accountancy https://dca–meetings.webex.com/ dca–meetings/j.php?MTID= m57d7b5d28eb64253c898bf68f1c2a725 Tuesday, Dec 28, 2021 10:00 am | 2 hours | (UTC– 07:00) Pacific Time (US & Canada) Event number: 2498 506 6490 Event password: Accountancy (22268682 from phones) Agenda: Public hearing to receive comments on the proposed changes to Division 1 of Title 16,

Article 1,

Section 2.8 of the California Code of Regulations regarding the Definition of Satisfactory Evidence Join by phone +1–415–655–0001 U.S. Toll Access code: 249 850 66490 Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the CBA at its office by 5:00 p.m., Tuesday, December 28, 2021, or must be received by the CBA at the hearing.

The CBA, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

Authority and Reference: Pursuant to the authority vested by

section 5010 of the Business and Professions Code (BPC), and to implement, interpret or make specific sections 5092, 5093, 5094, 5094.3, and 5094.6 of the BPC, the CBA is considering changes to Division 1 of Title 16,

Article 1,

Section 2.8 of the California Code of Regulations (CCR) as follows: INFORMATIVE DIGEST A. Informative Digest BPC

section 5010 authorizes the CBA to adopt regulations as may be reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter. The regulations are in existence to establish the current requirements that must be met for examination, licensing, license renewal, and enforcement. These regulations are referenced by CBA staff, stakeholders, licensees, consumers, as well as other government organizations to determine various regulatory requirements regarding the accounting profession in California. BPC

section 5094 requires education to be earned from a degree–granting university, college, or other institution of higher learning accredited by a regional or national accrediting agency. Education earned from a college, university, or other institution of learning located outside the United States may be qualifying if determined by the CBA to be equivalent to education earned in the United States. The CBA, as provided for by BPC

section 5094, has individuals submit documentation to credential evaluation services to assess the educational equivalency. BPC sections 5092 and 5093 outline various requirements for CPA licensure, including that applicants for licensure shall meet specified education, examination, and experience requirements.

These sections require that applicants meet minimum educational requirements both for examination and licensure and that applicants shall present satisfactory evidence of the education being completed from a degree–granting university, college, or other institution of higher learning accredited by a regional or national accrediting agency. BPC sections 5094.3 and 5094.6 specify additional educational requirements that applicants for CPA licensure must meet as required by BPC

section 5093. These are commonly referred to as ethics study and accounting study, respectively. Applicants for admission to the Uniform CPA Examination (CPA Exam) and those applying for CPA licensure are required to meet specified education. The education must be granted by degree–granting universities, colleges, or other institutions of higher learning. Documentation that applicants have met the specified educational requirements must meet the CBA ’s satisfaction. The regulatory proposal is as follows: Amend Title 16, CCR

Section 2.8

Section 2.8 currently defines satisfactory evidence for the purposes of demonstrating completion of the educational requirements. Presently, this

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1550 requires educational institutions, except in unusual circumstances, to send certified transcripts directly to the CBA by mail. The CBA proposes to update the definition for satisfactory evidence as it relates to meeting the educational requirements for applicants applying for admission to the CPA Exam and CPA licensure by streamlining how the CBA may receive certified transcripts, including the ability to receive certified transcripts via electronic transmission by the educational institution. B.

Policy Statement Overview/Anticipated Benefits of Proposal This regulatory proposal would provide flexibility and additional pathways to applicants for examination or licensure when submitting satisfactory evidence of their education. This regulatory proposal would also lessen delays in CPA Exam and licensure application processing by improving the efficiency of the process for submitting to the board satisfactory evidence of education. C.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the CBA has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. INCORPORATION BY REFERENCE None. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposed regulations do not result in a fiscal impact to the state.

Because the CBA currently requires educational transcripts to be submitted and reviewed during the license application process, the amendments authorizing transcripts to be submitted electronically is not anticipated to result in additional workload or costs to the state. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None.

Business Impact: The CBA has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business: The CBA is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Currently, domestic and international educational institutions, including those operating in the state, incur costs to transmit (digitally or traditional mail) student transcripts. These institutions already charge fees for this service or include the as part of a “document” fee surcharge for these services with tuition costs. Because the costs for transcript services already exist in institutions the proposed regulations are not anticipated to result in an economic impact to the state. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The CBA has determined that the proposed regulations would not affect small businesses. This regulatory proposal would provide flexibility and additional pathways to applicants for examination or licensure when submitting satisfactory evidence of their education. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The CBA has determined that this regulatory proposal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California.

Benefits of Regulation: The CBA has determined that this regulatory proposal will have the following benefits to the health and welfare of California residents, worker safety, and state’s environment: This proposal would provide flexibility and additional pathways to applicants for examination or licensure when submitting satisfactory evidence of their education. This regulatory proposal does not affect worker safety because it has nothing to do with worker safety.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1551 This regulatory proposal does not affect the state’s environment because it has nothing to do with the environment.

CONSIDERATION OF ALTERNATIVES The CBA must determine no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons that the proposal described in this Notice, or would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above–mentioned hearing. INITIAL STATEMENT OF REASONS AND INFORMATION The CBA has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regulations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the CBA at 2450 Venture Oaks Way, Suite 300, Sacramento, California, 95833.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: J ennifer Jackson Address: 2 450 Venture Oaks Way, S uite 300 S acramento, CA 95833 Telephone Number: ( 916) 561–1763 Fax Number: 9 16–263–3677 E–Mail Address: Jennifer.Jackson@cba.ca.gov The backup contact person is: Name: D enise Murata Address: 2 450 Venture Oaks Way, S uite 300 S acramento, CA 95833 Telephone Number: ( 916) 561–1730 Fax Number: 9 16–263–3677 E–Mail Address: Denise.Murata@cba.ca.gov Website Access: Materials regarding this proposal can be found at http://www.dca.ca.gov/cba/about–cba/laws–and– rules.shtml.

TITLE 16. B OARD OF BEHAVIORAL SCIENCES AMEND DIVISION 18 — CONTINUING EDUCATION AND ADDITIONAL COURSEWORK SECTIONS Subject Matter of Proposed Regulations: Continuing Education and Additional Coursework Sections Affected: Add

section 1810.5; Amend sections 1807, 1807.2, 1810, 1887, 1887.1, 1887.2, 1887.3, 1887.4.0, 1887.4.1, 1887.4.2, 1887.4.3 and 1887.11.0; Repeal sections 1810.1, 1810.2, 1887.4, 1887.7, 1887.8, 1887.9, 1887.10, 1887.11 and 1887.15 of Division 18 of Title 16 of the California Code of Regulations. NOTICE IS HEREBY GIVEN that the Board of Behavioral Sciences (board) is proposing to take the action described in the Informative Digest/Policy Statement Overview. PUBLIC HEARING The board has not scheduled a public hearing on this proposed action.

The board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under Contact Person in this notice.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1552 COMMENT PERIOD Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this notice, must be received by the board at its office no later than Monday, December 27, 2021, or at the public hearing, if applicable.

AVAILABILITY OF MODIFICATIONS The board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 4980.60 and 4990.20 of the Business and Professions Code (BPC), and to implement, interpret or make specific sections 25, 28, 29, 32, 4980.36, 4980.41, 4980.54, 4980.72, 4980.78, 4980.81, 4982, 4984.8, 4984.41, 4989.34, 4989.44, 4989.45, 4989.54, 4992.3, 4996.2, 4996.17.1, 4996.17.2, 4996.22, 4997, 4997.1, 4999.32, 4999.33, 4999.60, 4999.62, 4999.76, 4999.90, 4999.112 and 4999.113 of the BPC; and sections 12926 and 12944 of the Government Code, the board is considering changes to Division 18 of Title 16 of the California Code of Regulations as described in this Notice.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The board licenses and regulates Licensed Marriage and Family Therapists (LMFTs), Licensed Educational Psychologists (LEPs), Licensed Clinical Social Workers (LCSWs), and Licensed Professional Clinical Counselors (LPCCs). The board also registers and regulates individuals gaining supervised experience toward meeting the requirements for licensure.

This includes registered Associate Marriage and Family Therapists (AMFTs), Associate Professional Clinical Counselors (APCCs) and Associate Clinical Social Workers (ASWs), and applicants pending registration. ● E xisting law: ○ Specifies the additional training required for licensure and sets forth course content, number of hours, acceptable providers, and other related requirements: ■ BPC sections 25, 28, 29, 4980.36, 4980.41, 4980.72, 4980.78, 4980.81, 4996.2, 4996.17.1 and 4996.17.2; and ■ Title 16, California Code of Regulations (16 CCR) sections 1807, 1807.2, 1810, 1810.1 and 1810.2. ○ Specifies the continuing education (CE) requirements for licensees, including course requirements, CE requirements for license renewal, exceptions from CE requirements, and acceptable providers: ■ BPC sections 4980.54, 4989.34, 4996.22 and 4999.76. ■ 16 CCR sections 1887, 1887.1, 1887.2, 1887.3 and 1887.4.0. ○ Specifies the board–approved providers and the requirements and responsibilities of CE providers (16 CCR sections 1887.4.3, 1887.7, 1887.8, 1887.9, 1887.10, 1887.11 and 1887.11.0). ○ Specifies the board–recognized CE provider approval agencies and sets forth CE approval agency responsibilities (16 CCR sections 1887.4.1 and 1887.4.2). ○ Specifies the transition period pertaining to the overarching CE changes made in 2015 (16 CCR

section 1887.15). The CE requirements underwent a complete overhaul in 2015 with a corresponding transition period which recently ended. As such the current CE requirements in regulation are outdated and require revision.

This proposal will: ● U pdate content requirements for human sexuality, child abuse assessment and reporting, and alcoholism and other chemical substance dependency training, and create consistency in the required qualifications for training providers. ● C larify that a CE course may be provided in person or online. ● C larify that individuals who hold more than one license may apply the same CE courses to both licenses if the subject matter relates to each license’s scope of practice. ● S trike the 18–hour CE exception for initial renewal periods and strike the definition of “initial renewal period”. ● C larify that a licensee granted retired status is exempt from CE. ● R ename CE “exceptions” to “temporary waivers” (CE waiver) and “exemptions.”

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1553 ● Modify CE waiver criteria for licensees impacted by their own health condition, reduce the amount of detail required in regards to health information, and require documentation of income (or lack thereof) during the period of disability. ● Modify CE waiver criteria for licensees who are the primary caregiver of an immediate family member with a physical or mental disability. ● No longer allow CE waivers for being absent from California due to military service or residing in another country. ● Clarify that a licensee whose request for CE waiver is denied must fully comply with CE if renewing in an active status. ● Require licensees who are granted a CE waiver to complete six hours of CE in law and ethics. ● Update CE waiver forms incorporated by reference for consistency with the proposed updated requirements and for clarity. ● Include a release of protected heath information (PHI) to be signed by the family member when a licensee is requesting a CE waiver due to being that family member’s primary caregiver. ● Repeal the outdated requirement that LMFTs and LCSWs who began graduate study prior to January 1, 1986 take a CE course in alcohol and other chemical substance dependency during their first renewal period. ● Clarify that a course on law and ethics designed specifically to meet supervisor training requirements cannot be accepted toward meeting the six–hour law and ethics course required of all licensees each for renewal period, but does count toward the overall 36–hour CE requirement. ● Specify that licensees may fulfill a maximum of 18 hours of the 36–hour CE requirement by teaching CE courses during a single renewal period for a board–accepted provider. ● Allow a licensee who completes a board occupational analysis survey to be credited with six hours of CE. ● Clarify that in order for a licensee’s participation in a professional organization’s law and ethics review committee to be credited, it must be with a mental health professional organization. ● Specify the types of documentation of completion necessary for certain activities allowed for CE credit and the length of retention required. ● Repeal outdated regulations pertaining to the board’s former CE program. ● Clarify CE course content requirements. ● Clarify that professional associations are the only type of organization that may be recognized by the board as a CE provider. ● M ake grammatical and other nonsubstantive changes.

ANTICIPATED BENEFITS OF PROPOSAL This proposal is expected to result in the following benefits: ● U pdate, streamline and provide clarity and consistency in the board’s CE regulations. ● H elp protect consumers by ensuring that CE course content meets professional standards. ● P rovide clearly defined and straightforward criteria to qualify for a CE waiver. ● L imit the scope and help ensure privacy of the PHI of a licensee applying for a CE waiver (or if a caregiver of a family member, the family member’s information). ● H elp licensees better understand the CE waiver application process and what to do once the board provides an approval or denial. ● P rovide increased consumer protection by requiring licensees who have been granted a CE waiver to complete a 6–hour law and ethics course. ● P rovide increased consumer protection by encouraging licensees who teach courses for CE credit, to obtain CE on topics in addition to the courses taught, and ensure that the course taught meets the same requirements as a board–accepted CE course. ● M ake it easier to determine quickly whether an entity is a board–recognized provider and avoid requests for board recognition from unqualified organizations.

CONSISTENCY OR COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the board conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. FORMS INCORPORATED BY REFERENCE The following documents have been incorporated by reference into

section 1887.2: ● Form 37A–635: “Request for Temporary Continuing Education Waiver — Licensee Application” [Revised (OAL to insert effective date)].

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1554 ● Form 37A–636: “Request for Temporary Continuing Education Waiver — Verification of Disability or Medical Condition” [Revised (OAL to insert effective date)]. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The proposal is not anticipated to increase workload or costs to the state, as the changes are designed to simply provide clarity in the board’s regulations and streamline the regulations and associated processes.

Nondiscretionary Costs/Savings to Local Agencies : None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code

Section 17500 to 17630 Require Reimbursement: None. Business Impact: The board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because it only affects licensees and providers within the state of California. Cost Impact on Representative Private Person or Business: The cost impact that a representative regulated person or business will incur in reasonable compliance with the proposed action is $180.

This is because this proposal requires 18 hours of CE for certain licensees, which they were not previously required to complete. The average cost for one hour of CE is $10. Impact on Jobs/New Businesses: The board has determined that this regulatory proposal will not have a significant impact on the creation of jobs or new businesses or the elimination of jobs or existing businesses or the expansion of businesses in the State of California. Effect on Housing Costs: None.

EFFECT ON SMALL BUSINESS The board has determined that the proposed regulations will affect small businesses because this proposal requires 18 hours of CE for certain licensees, which they were not previously required to complete. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The board has made an initial determination that the proposed regulatory action will not have a significant statewide adverse economic impact directly affecting businesses.

This initial determination is based on the following facts: ● Analysis of creation/elimination of jobs: This proposal is not anticipated to create or eliminate any jobs within California as the majority of the proposed amendments are for the purpose of clarifying, streamlining, or creating consistency in the board’s regulations.

Other proposed amendments increase the amount of CE to be completed by certain licensees and, though this may increase revenue for CE providers, it is not likely to be enough to create new jobs, except for potentially new CE providers that enter the CE marketplace due to the added CE requirement. ● Analysis of creation/elimination of businesses.

This proposal will not create or eliminate any businesses in California for the reasons described above. ● Analysis of expansion of business: This proposal will not expand any businesses in California for the reasons described above, except for potentially new CE providers that enter the CE marketplace due to the added CE requirement. ● Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: This regulatory proposal will help protect consumers by helping to ensure that licensees remain competent to practice by timely completing the clearly defined CE requirements.

The proposal will have no effect on worker safety or the State’s environment. As part of its Economic Impact Analysis, the board has determined that its proposal will not affect the ability of California businesses to compete with other states by making it more costly to produce goods or services, and that it will not eliminate any jobs or occupations. As stated above, this proposal does not impact multiple industries. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the board must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of law. Any interested person may present statements or arguments with respect to the alternatives to the

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1555 proposed regulations at the scheduled hearing or during the written comment period. INITIAL STATEMENT OF REASONS AND INFORMATION The board has prepared an Initial Statement of Reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regulations, any document incorporated by reference, the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing, if one is held, or upon request from the person designated in the Notice under Contact Person or by accessing the board’s website at https:// www.bbs.ca.gov/about/law_reg.html.

A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Christy Berger Address: 1625 North Market Boulevard, Suite S–200 Sacramento, CA 95834 Telephone Number: (916) 574–7817 Fax Number: (916) 574–8625 E–Mail Address: BBS.Rulemaking@dca.ca.gov The backup contact person is: Name: Rosanne Helms Address: 1625 North Market Boulevard, Suite S–200 Sacramento, CA 95834 Telephone Number: (916) 574–7897 Fax Number: (916) 574–8625 E–Mail Address: Rosanne.Helms@dca.ca.gov Website Access: Materials regarding this proposal can be found on the board’s website at https://www. bbs.ca.gov/about/law_reg.html.

TITLE 16. BOARD OF PHARMACY SELF–ASSESSMENTS FOR PHARMACIES NOTICE IS HEREBY GIVEN that the California State Board of Pharmacy (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office by Monday, December 27, 2021.

The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal. Authority and Reference: Pursuant to the authority vested by

section 4005 and 4127 of the Business and Professions Code to implement, interpret, and make specific sections 4005, 4019, 4021, 4022, 4029, 4030, 4036, 4037, 4038, 4040, 4050, 4051, 4052, 4059, 4070, 4081, 4101, 4105, 4110, 4113, 4115, 4119, 4120, 4127, 4201, 4301, 4305, 4330, 4332 and 4333, of the Business and Professions Code, the Board is proposing to amend

Section 1715 of

Article 2 of Division 17 of Title 16 of the California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law requires that a pharmacy be licensed by the Board in order to operate. (Business and Professions Code (BPC)

section 4110.) There are various types of pharmacies, including hospital pharmacies and community pharmacies. (See BPC

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1556 sections 4029 and 4037.) There are some distinctions between settings, but all pharmacies are subject to some general requirements. Each pharmacy must designate a pharmacist–in–charge (PIC), who is responsible for the pharmacy’s compliance with all state and federal laws and regulations pertaining to the practice of pharmacy. (BPC

section 4113.) All pharmacies are subject to extensive state and federal laws and regulations including those governing scope of practice for pharmacists and other personnel working in the pharmacy; prescription and labeling requirements; record keeping requirements, including policies and procedures; cooperating with inspections; duties related to storage, handling, and security of drugs and devices; duties related to compounding sterile drug products; and duties with respect to notices to the Board regarding certain changes to staff, facilities, and operations. Existing regulations, California Code of Regulations, title 16 (CCR),

section 1715, requires the PIC of a pharmacy licensed pursuant to BPC

section 4029 or 4037 to complete a self–assessment using a designated form every odd numbered year and when certain changes occur that affect the location, organization, or management of the pharmacy. The self–assessment form is incorporated by reference within 16 CCR

section 1715, so as law and regulations change, the form must be updated through the rulemaking process. This is a time–intensive process and the board has not been able to update the regulation and self–assessment form as frequently as necessary, with the last update being completed in 2014. The Board proposes to amend

Section 1715 of

Article 2 of Division 17 of Title 16 of the California Code of Regulations (CCR) to update the self– assessment forms that pharmacists–in–charge must complete ( Community Pharmacy Self–Assessment [/] Hospital Outpatient Pharmacy Self–Assessment [17M–13] and Hospital Pharmacy Self–Assessment [17M–14]) to reflect current laws and regulations. In addition, the Board proposes to incorporate many of the form’s requirements into the regulation text itself.

The forms incorporated by reference are being updated to include questions to be answered by the pharmacy about the pharmacy’s compliance with specific laws and regulations. The self–assessment forms assist the pharmacy’s PIC to increase the pharmacy’s compliance with federal and state requirements and also make the pharmacy inspection process more meaningful by providing relevant information from the PICs to the Board inspectors. Existing law specifies that protection of the public shall be the highest priority for the Board in exercising its licensing, regulatory, and disciplinary functions.

Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. Existing law generally authorizes the Board to amend rules and regulations necessary for the protection of the public pertaining to the practice of pharmacy. ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS This proposal will update the forms incorporated by reference to reflect current laws and regulations.

Therefore, the pharmacists–in–charge (PIC) of pharmacies throughout California will be conducting self–assessments based on current and up–to–date laws, rather than inaccurate references to laws on outdated self–assessment forms. This should assist pharmacies in complying with current law; since the laws are designed for consumer protection, consumer protection will be advanced by pharmacies’ compliance.

This proposal also allows for a streamlined process for updating the self–assessment form as changes to pharmacy law occur, which will provide a more effective and efficient use of board resources, by reducing the workload associated with the rulemaking process. EVALUATION OF CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

INCORPORATION BY REFERENCE For the purposes amending

Section 1715 of

Article 2 of Division 17 of Title 16 of the CCR, the following forms are incorporated by reference: ● Community Pharmacy Self–Assessment/Hospital Outpatient Self–Assessment (Form 17M–13, Rev. 07/18) ● Hospital Pharmacy Self–Assessment (Form 17M–14, Rev. 07/18) DISCLOSURES REGARDING THE PROPOSED ACTION, INCLUDING FISCAL IMPACTS The Board has made the following initial determinations: Mandate on Local Agencies and School Districts : None.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1557 Cost to Any Local Agency or School District That Requires Reimbursement Pursuant to Government Code Sections 17500–17630: None. Costs/Savings to Any State Agency: The proposed regulations do not result in a fiscal impact to the state. The board currently requires pharmacies to complete and submit self–assessments, as specified. The regulation does not increase the number of self– assessments to be submitted or require additional board workload or costs from the current process. Nondiscretionary Costs/Savings to Local Agencies: None.

Costs/Savings in Federal Funding to the State: None Effect on Housing Costs: None. Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states because, as discussed below under Small Business Effect, the requirement to complete these self–assessments already exists and these regulations are updating the statutes and regulations listed within the self–assessment forms incorporated by reference.

Because the Board currently requires pharmacies to complete and submit self–assessments. The proposed regulations do not increase the workload or costs for these licensees to comply. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

EFFECT ON SMALL BUSINESS The Board has made an initial determination that the proposed regulatory action would not have a significant adverse economic impact directly affecting small businesses, as discussed below. While the Board does not have specific data to determine if its pharmacy licensees are a “small business” as defined in Government Code

section 11342.610, a smaller community retail pharmacy may fall into that definition. Completion of a self–assessment form is required by existing regulation biennially and based on certain events; the completed forms are also required to be maintained. The updates will change some of the questions on the forms, but do not ask significantly more questions. It is therefore not anticipated that the pharmacy will use more time completing, or more space storing, the self–assessment form.

As the requirement to complete and maintain these forms already exists in regulations, this proposal will not have an impact on businesses.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/New Businesses: The Board has determined that it is: (1) unlikely that this proposal will create jobs within California; (2) unlikely that this proposal will eliminate jobs within California; (3) unlikely that this proposal will create new businesses within California; (4) unlikely that this proposal will eliminate of existing businesses within California; (5) unlikely that this proposal will expand businesses currently doing business in the State of California.

Benefits of Regulation: The regulatory proposal will benefit the health and welfare of California residents because pharmacies who provide drugs to California consumers will be conducting self–assessments based on current and up–to–date laws, rather than outdated laws, which will make it more likely that pharmacies will follow current laws and regulations. When PICs are actively engaged in reviewing the current laws and regulations, they are more likely to identify and remedy any violations of pharmacy law and regulations, which exist primarily for consumer safety.

Additionally, this proposal will allow for a more efficient use of Board resources during pharmacy inspections, since pharmacy compliance should be better, and in updating the forms for the future. The proposal does not impact the state’s environment.

CONSIDERATION OF ALTERNATIVES The Board must determine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention: (1) would be more effective in carrying out the purpose for which the action is proposed, (2) would be as effective and less burdensome to affected private persons than the proposed action, or (3) would be more cost effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

Any interested person is invited to present statements or arguments in writing with respect to alternatives during the comment period.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1558 AVAILABILITY OF RULEMAKING FILE, INCLUDING INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND INFORMATION The Board will have the entire rulemaking file available for inspection and copying throughout the rulemaking process at its office at the address listed for, and from the person identified as, the contact person below.

The rulemaking file currently includes this notice, the proposed text of the regulations, the documents incorporated by reference, the initial statement of reasons, and all the information upon which the proposal is based. AVAILABILITY OF MODIFIED TEXT If the Board proposes to substantively modify the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Board adopts the regulations as revised. Requests for copies of any modified regulations may be sent to the contact person below.

The Board will accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Lori Martinez Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3078 Fax Number: (916) 574–8618 E–Mail Address: Lori.Martinez@dca.ca.gov The backup contact person is: Name: Debbie Damoth Address: 2720 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 Phone Number: (916) 518–3090 Fax Number: (916) 574–8618 E–Mail Address: Debbie.Damoth@dca.ca.gov WEBSITE ACCESS Materials regarding this proposal can be found at the Board of Pharmacy’s website: https://www.pharmacy. ca.gov/laws_regs/pending_regs.shtml.

TITLE 16. BOARD OF REGISTERED NURSING APPROVAL REQUIREMENTS, § 1423 CHANGES TO AN APPROVED PROGRAM, § 1432 NOTICE IS HEREBY GIVEN that the Board of Registered Nursing (Board) is proposing to take the rulemaking action described below under the heading Informative Digest/Policy Statement Overview. Any person interested may present statements or arguments relevant to the action proposed in writing. Written comments, including those sent by mail, facsimile, or e–mail to the addresses listed under Contact Person in this Notice, must be received by the Board at its office on Monday, December 27, 2021.

The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. The Board may, after considering all timely and relevant comments, adopt the proposed regulations substantially as described in this notice, or may modify the proposed regulations if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as the contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Business and Professions Code (BPC) sections 2715, 2786, and 2788, the Board proposes to implement, interpret and make specific BPC sections 2715, 2786 and 2788, in amending sections 1423 and 1432, Division 14 of Title 16 of the CCR.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1559 INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law for approval of prelicensure programs provides that the Board may deny approval to a nursing program or revoke an approved program’s approval if the applicant makes a material misrepresentation of fact to the Board. Existing regulation addresses only misrepresentation of facts but not concealment of facts from the Board.

The Board proposes to amend the regulation to adopt more comprehensive language to address both types of misrepresentation to better ensure that all relevant information is provided to the Board. Existing law provides that approved nursing programs may not make substantive changes to a prelicensure program without prior Board authorization.

The regulation states that four (4) categories of substantive changes must be reported to the Board for approval: a change in location, a change in ownership, the addition of a new campus or location, and a significant change in the agreement between an approved nursing program that is not an institution of higher education and the institution of higher education with which it is affiliated. This proposal will: ● Amend

section 1432(

b) to replace “authorization” with “approval” to track the enabling statute. ● Reference in

section 1432(b)(3) “Instructions for Institutions Seeking Approval of a New Prelicensure Registered Nursing Program” (EDP–I–01 Rev 03/10)” (Form) as the means to seek Board approval for a new campus or location. The Form outlines the process by which a nursing program may obtain approval for the addition of a new campus or location from the Board. ● Add to the list of reportable “substantial changes” in

section 1432(b)(5), any increase in the total annual enrollment, or any change in the frequency, timing, or number of new student admissions for each board approved nursing program or degree option. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION The proposal will encourage complete and forthright communication with the Board and increase the integrity of the Board’s oversight of prelicensure nursing programs.

The amended regulation will communicate to nursing program applicants and approved programs the Board will deny or revoke approvals when a program knowingly conceals required information or misrepresents a material fact submitted to the Board. Additionally, the proposal will clarify that the Board must preapprove a nursing program increasing enrollment or making a change to its enrollment pattern.

The proposed amendment will protect consumers by ensuring that approved nursing programs have adequate faculty, facilities, clinical placements, policies, procedures, staff, support services, physical space, and equipment to operate a sustainable program for the number of students the program intends to enroll. The BRN continues its efforts to increase the number of RN graduates through program approval and enrollment increase process for nursing programs.

Additionally, the BRN is working with schools to develop collaborations that allow for timely matriculation for students pursing a higher degree by alleviating course repetition through standardized course requirements and finding ways to increase access to nursing programs, especially for socioeconomically disadvantaged students. This regulation will benefit nursing students to become nurses, and thus provide more options for those employers trying to hire nurses.

The data collection, analysis, and evaluation that is completed through this process in collaboration with these programs requesting these changes allows the Board to strategically address issues associated with California’s nursing workforce, including preparing for anticipated shortages, which benefits the general health and safety of all Californians.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATION During the process of developing these regulations and amendments, the Board conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Board has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies : The proposed regulations do not have a fiscal impact to the state because nursing programs are already required to notify the Board of enrollment changes under current law and Board practice. As a result, the Board does not anticipate any additional workload or costs to implement the regulations.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1560 Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None. Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states.

There are currently 150 pre–licensure nursing programs in California. The proposed regulations encourage increased program transparency and oversight integrity and make explicit the Board’s long–standing

interpretation of its existing regulation regarding Board preapproval of new/additional locations, enrollment increases, and changes in enrollment patterns. The Board has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in state of California. The regulations only expand the types of untruthfulness that could cause revocation of approval or denial of approval, and make explicit the Board’s long–standing

interpretation of its existing regulation that an increase in enrollment or change in enrollment pattern require preapproval of the Board. The inclusion of form EDP–I–01 Rev 03/10) which is incorporated by reference in existing regulation will help the Board evaluate each program and will assist schools who wish to make changes to program locations, frequency, timing or number of new student admissions for each program previously approved by the Board to detail their request.

Cost Impact on Representative Private Person or Business: The proposed regulations are intended to better align the Board’s regulations with existing practice and procedures consistent with current law. The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The Board estimates that there will be no increased costs for small businesses with the proposed regulations.

This change may actually assist small businesses by leveling the playing field for them as clinical placement slot availability can become competitive and larger businesses could otherwise exert greater influence. RESULTS OF ECONOMIC IMPACT ASSESMENT/ANALYSIS The Board has determined this regulatory proposal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in the state of California.

It may actually streamline and help to minimize clinical displacement that can occur through program growth, including increased enrollment numbers and frequency, additional locations, and approval of new nursing programs. These regulations benefit the health and welfare of California residents because the data obtained regarding enrollment changes from programs allows the Board to strategically address issues associated with California’s nursing workforce, including preparing for anticipated shortages, which benefits the general health and safety of all Californians.

The proposed amendments will not affect worker safety and the environment because this regulation does not relate to worker safety and the environment. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Board must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed regulatory action or would be more cost– effective to the affected private persons and equally effective in implementing the statutory policy or other provision of the law.

Interested persons are invited to present statements or arguments orally or in writing relevant to the above determinations at the above scheduled hearing or during the written comment period. A VAILABILITY OF STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS, AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the information on which this proposal is based.

This material is contained in the rulemaking file and may be obtained upon request from the person designated in the Notice under Contact Person or by accessing the Board’s website, www.rn.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1561 A VAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regulations are based is contained in the rulemaking file, which is available for public inspection by contacting the person named below. You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Evon Lenerd Tapps, Assistant Executive Officer Address: California Board of Registered Nursing 1747 North Market Boulevard, Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7610 Fax Number: 916–574–7700 E–Mail Address: Evon.Lenerd@DCA.CA.Gov The backup contact person is: Name: Ras Siddiqui Address: 1747 North Market Boulevard, Suite 150 Sacramento, CA 95834 Telephone Number: 916–574–7922 Fax Number: 916–574–7700 E–Mail Address: ras.siddiqui@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.rn.ca.gov.

TITLE 16. BOARD OF REGISTERED NURSING PRELICENSURE NURSING PROGRAMS, § 1427 NOTICE IS HEREBY GIVEN that the Board of Registered Nursing (hereinafter referred to as “Board”) is proposing to amend California Code of Regulations (CCR), Title 16, Division 14,

section 1427, as described in the Informative Digest. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. The Board will, however, hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days prior to the close of the written comment period. WRITTEN COMMENTS Written comments, including those sent by mail, facsimile, or email to the addresses listed under Contact Person in this Notice, must be received by the Board at its office not later than 5:00 p.m. on Tuesday, December 28, 2021.

The Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. Apart from technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 2715 and 2786 of the Business and Professions Code (BPC), the Board is proposing to implement, interpret and make specific BPC sections 2715 and 2786–2788, in amending

section 1427, Division 14 of Title 16 of the CCR. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law provides that a nursing program shall not utilize any agency or facility for clinical experience without prior approval by the Board. Each program must submit evidence that it has complied with the requirements of maintaining written objectives for student learning at clinical facilities and the ability of the facility to meet those learning objectives.

It also requires each program to have a written agreement with every facility that it utilizes along with the assurance of availability and appropriateness of the learning environment in meeting the programs written objectives. This includes provisions for orientation of faculty and students and specifies the responsibilities and authority of the facility’s staff as related to the educational experience of the students. The written agreement spells out the availability of quality staff

CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 46-Z 1562 in adequate numbers to ensure safety and continuous health care services provided to patients. Provisions for continuous communication between the facility and program are detailed along with a description of responsibilities of faculty assigned to the facility utilized by the program. The nursing program also needs to take into consideration the impact of any additional group of students or students from other programs already assigned to the agency or facility.

The Board proposes to amend 16 CCR 1427 to adopt more comprehensive language to address the reporting requirements for nursing programs when they experience any changes made to their use of clinical facilities to require reporting within 90 days of when a change occurs, and also in an annual report. It also clarifies some specific “changes” that need to be reported to the Board.

This includes changes to the number of students from the program approved for placement at clinical facilities, changes in annual clinical placement capacity at the facility, and cancellation or alteration of clinical affiliation agreements. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION This proposal will greatly improve the integrity of the Board’s oversight of nursing programs. The amended language communicates to new nursing program applicants and existing programs that the Board will closely review all changes impacting clinical facilities used for placement.

Additionally, the proposal will clarify for nursing programs what changes need to be reported reducing confusion on what information is required. The proposed amendment will protect consumers by ensuring that approved nursing programs have adequate faculty, facilities, clinical placements, policies, procedures, staff, support services, physical space, and equipment to operate a sustainable program for the number of students the program intends to enroll.

DETERMINATION OF INCONSISTENCY/ INCOMPATIBILITY WITH EXISTING REGULATION During the process of developing this regulation and amendments, the Board conducted a search of any similar regulations on this topic and has concluded that these regulations are neither inconsistent nor incompatible with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION FISCAL IMPACT ESTIMATES The Board has made the following initial determinations: Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies : None.

The proposed regulations do not have a fiscal impact to the state because nursing programs are already required to notify the Board of clinical facility changes under currently law and Board practice. As a result, the Board does not anticipate any additional workload or costs to implement the regulations. Costs/Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agencies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500–17630 Require Reimbursement: None.

Business Impact: The Board has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states. There are currently 146 pre–licensure nursing programs in California. The proposed regulations are intended to better align the Board’s regulations with existing practice and procedures consistent with current law.

The Board has determined that this regulatory proposal will create jobs or new businesses, eliminate jobs or existing businesses, or expand businesses within the State of California because the regulation only changes the frequency of reports by the programs to the Board. These changes are not of such a magnitude to create or eliminate jobs or businesses. Cost Impact on Representative Private Person or Business: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the p