CHAPTER 5. Medicine [2000. - 2529.8.1.]
Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2.
§§ 2000–2529.8.1 · 446 sections
ARTICLE 1. Administration §§ 2000–2028.5 · 29 sections
- § 2000 This chapter shall be known and may be cited as the Medical Practice Act. Whenever a reference is made to the Medical Practice Act by the provisions of any…
- § 2001 (a) There is in the Department of Consumer Affairs a Medical Board of California that consists of 15 members, 7 of whom shall be public members. (b) The…
- § 2001.1 Protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions.…
- § 2002 Unless otherwise expressly provided, the term “board” as used in this chapter means the Medical Board of California. As used in this chapter or any other…
- § 2004 The board shall have the responsibility for the following: (a) The enforcement of the disciplinary and criminal provisions of the Medical Practice Act. (b) The…
- § 2006 (a) Any reference in this chapter to an investigation by the board shall be deemed to refer to a joint investigation conducted by employees of the Department…
- § 2007 Members of the board shall only be appointed from persons who have been residents of this state for at least the five-year period preceding their appointment.…
- § 2008 The board may appoint panels from its members for the purpose of fulfilling the obligations established in subdivision (c) of Section 2004. Any panel appointed…
- § 2010 Each member of the board shall be appointed for a term of four years. Vacancies occuring on the board shall be filled by appointment of the appointing power…
- § 2011 The appointing power may remove any member of the board for neglect of duty required by this chapter, incompetency, or unprofessional conduct.
- § 2012 The board shall elect a president, a vice president, and a secretary from its members.
- § 2013 (a) The board and a panel appointed under this chapter may convene from time to time as deemed necessary by the board. (b) Four members of a panel of the board…
- § 2014 Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1…
- § 2015 The president of the board may call meetings of any duly appointed and created committee or panel of the board at a specified time and place.
- § 2015.5 The board may establish advisory committees consisting of persons who have a physician’s and surgeon’s certificate issued by the board that is in good standing…
- § 2016 Each member of the board and its committees shall receive per diem and travel expenses as provided in Section 103.
- § 2017 The board and each committee or panel shall keep an official record of all their proceedings.
- § 2018 The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, those regulations as may be necessary to enable…
- § 2019 The office of the board shall be in the City of Sacramento. Suboffices may be established in the Cities of Los Angeles, San Diego, and San Francisco or the…
- § 2020 (a) The board, by and with the approval of the director, may employ an executive director exempt from the provisions of the Civil Service Act and may also…
- § 2021 (a) If the board publishes a directory pursuant to Section 112, it may require persons licensed pursuant to this chapter to furnish any information as it may…
- § 2022 The directory shall be prima facie evidence of the authority of the persons named therein to practice under this act, unless such authority has been revoked,…
- § 2023.5 (a) The board, in conjunction with the Board of Registered Nursing, and in consultation with the Physician Assistant Board and professionals in the field,…
- § 2024 (a) The board may select and contract with necessary medical consultants who are licensed physicians and surgeons to assist it in its programs. Subject to…
- § 2024.5 (a) The board shall establish a Complainant Liaison Unit comprised of board staff responsible for the following: (1) Respond to communications from the public…
- § 2025 The board through its regular mailing shall notify all licensees of the existence of pain management guidelines published by the Agency for Health Care Policy…
- § 2026 The board shall initiate the process of adopting regulations on or before January 1, 2019, to require its licentiates and registrants to provide notice to…
- § 2027 (a) The board shall post on its Internet Web site the following information on the current status of the license for all current and former licensees: (1)…
- § 2028.5 (a) The board may establish a pilot program to expand the practice of telehealth in this state. (b) To implement this pilot program, the board may convene a…
ARTICLE 2. General Provisions §§ 2030–2042 · 12 sections
- § 2030 The provisions of this chapter insofar as they are substantially the same as provisions relating to the same subject matter of previous medical practice acts…
- § 2031 The rights given by any certificate issued under any preceding medical practice act are not affected by the enactment of this chapter, nor by the repeal of any…
- § 2032 “Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof, except that only natural…
- § 2033 “Professional” relates to the art and science of medicine and surgery and to such other arts and sciences as may be included within the field of medicine and…
- § 2034 “Medical licensing authority” refers to any officer, board, commission, or department of another state upon whose certificate a reciprocity certificate may be…
- § 2036 Whenever a course of instruction is required for any certificate, it shall be satisfied by a resident course of medical instruction. Whenever a resident course…
- § 2037 Whenever any requirement is provided for any certificate relating to a medical school or hospital, or any reference is made to a medical school or hospital,…
- § 2038 Whenever the words “diagnose” or “diagnosis” are used in this chapter, they include any undertaking by any method, device, or procedure whatsoever, and whether…
- § 2039 All certificates issued by the board shall state the extent and character of the practice which is permitted.
- § 2040 The terms “license” and “certificate” as used in this chapter are deemed to be synonomous.
- § 2041 The term “licensee” as used in this chapter means the holder of a physician’s and surgeon’s certificate or doctor of podiatric medicine’s certificate, as the…
- § 2042 Notwithstanding any other law, the Medical Board of California and the Osteopathic Medical Board of California shall require each applicant to furnish to the…
ARTICLE 3. License Required and Exemptions §§ 2050–2078 · 36 sections
- § 2050 The Division of Licensing shall issue one form of certificate to all physicians and surgeons licensed by the board which shall be designated as a “physician’s…
- § 2051 The physician’s and surgeon’s certificate authorizes the holder to use drugs or devices in or upon human beings and to sever or penetrate the tissues of human…
- § 2052 (a) Notwithstanding Section 146, any person who practices or attempts to practice, or who advertises or holds himself or herself out as practicing, any system…
- § 2052.5 (a) For purposes of this section, the following definitions apply: (1) “Eligible patient” means a person who meets all of the following requirements: (A) Has…
- § 2053.5 (a) Notwithstanding any other provision of law, a person who complies with the requirements of Section 2053.6 shall not be in violation of Section 2051 or 2052…
- § 2053.6 (a) A person who provides services pursuant to Section 2053.5 that are not unlawful under Section 2051 or 2052 shall, prior to providing those services, do the…
- § 2054 (a) Any person who uses in any sign, business card, or letterhead, or, in an advertisement, the words “doctor” or “physician,” the letters or prefix “Dr.,” the…
- § 2055 Notwithstanding any other provision of law, a person issued a physician’s and surgeon’s certificate by the Medical Board of California pursuant to the…
- § 2056 (a) The purpose of this section is to provide protection against retaliation for physicians who advocate for medically appropriate health care for their…
- § 2056.1 (a) The purpose of this section is to ensure that health care service plans and their contracting entities do not enter into contracts with physicians and…
- § 2058 (a) Nothing in this chapter prohibits service in the case of emergency, or the domestic administration of family remedies. (b) Nothing in this chapter shall be…
- § 2060 Nothing in this chapter applies to any practitioner located outside this state, when in actual consultation, whether within this state or across state lines,…
- § 2061 Nothing in this chapter shall be construed as limiting the practice of other persons licensed, certified, or registered under any other provision of law…
- § 2062 Testing and guidance programs in schools, colleges, and universities and physical fitness tests given by public and private agencies in connection with…
- § 2063 Nothing in this chapter shall be construed so as to discriminate against any particular school of medicine or surgery, school or college of podiatric medicine,…
- § 2064 (a) Nothing in this chapter shall be construed to prevent a regularly matriculated student undertaking a course of professional instruction in an approved…
- § 2064.1 Notwithstanding the provisions of Section 2064 or any other provisions of this chapter, a regularly matriculated student undertaking a course of professional…
- § 2064.2 No medical school or clinical training program shall deny access to elective clerkships or preceptorships in any medical school or clinical training program in…
- § 2064.3 (a) Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is…
- § 2064.4 (a) Notwithstanding any other law, except as specified in subdivision (b), no student, including a person without lawful immigration status, a person who is…
- § 2064.5 (a) Within 180 days after beginning a board-approved postgraduate training program pursuant to Section 2065, medical school graduates shall obtain a…
- § 2064.6 Notwithstanding subdivision (b) of Section 2064.5, the expiration date for any postgraduate training license that expires after June 1, 2023, and before…
- § 2064.7 (a) The board may deny a postgraduate training license to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to…
- § 2064.8 (a) Notwithstanding subdivision (a) of Section 2064.7, the board may issue a postgraduate training license to an applicant who has committed minor violations…
- § 2065 (a) Unless otherwise provided by law, a postgraduate training licensee, intern, resident, postdoctoral fellow, or instructor shall not engage in the practice…
- § 2066.5 (a) The program authorized by this section shall be known and may be cited as the University of California at Los Angeles David Geffen School of Medicine’s…
- § 2068 This chapter shall not be construed to prohibit any person from providing nutritional advice or giving advice concerning proper nutrition. However, this…
- § 2069 (a) (1) Notwithstanding any other law, a medical assistant may administer medication only by intradermal, subcutaneous, or intramuscular injections and perform…
- § 2070 Notwithstanding any other provision of law, a medical assistant may perform venipuncture or skin puncture for the purposes of withdrawing blood upon specific…
- § 2071 The board shall adopt and administer regulations that establish standards for technical supportive services that may be performed by a medical assistant.…
- § 2074 Nothing in this chapter shall prohibit the employment of a licensed physician and surgeon practicing in the specialty of ophthalmology by an optometrist…
- § 2075 The performance of acupuncture by a certified acupuncturist or other licentiate legally authorized to practice acupuncture within his or her scope of practice…
- § 2076 (a) Notwithstanding any other provision of law, a physician and surgeon who is licensed to practice medicine in another state or country shall be exempt from…
- § 2076.5 (a) Notwithstanding any other provision of law, a physician and surgeon lawfully practicing medicine in another state or country may be exempted from licensure…
- § 2077 (a) Notwithstanding any other provision of law, a physician and surgeon may delegate various orthopaedic medical tasks to individuals who have completed…
- § 2078 (a) As used in this section, “DMSO” means dimethyl sulfoxide. (b) A licensed physician and surgeon shall, prior to treating a patient with a DMSO preparation,…
ARTICLE 4. Requirements for Licensure §§ 2080–2099 · 15 sections
- § 2080 (a) Except as otherwise provided, the provisions of this article applicable to applications generally shall apply to all certificates issued. (b) Every…
- § 2081 Each application submitted shall be made upon an electronic online form, or on another form provided by the board, and each application form shall contain a…
- § 2082 (a) Each application shall include the following: (1) A diploma issued by an approved medical school. The requirements of the school shall have been at the…
- § 2083 (a) Except as provided in subdivision (b), each application for a certificate shall be accompanied by the fee required by this chapter and shall be filed with…
- § 2084 (a) Medical schools accredited by a national accrediting agency approved by the board and recognized by the United States Department of Education shall be…
- § 2084.5 (a) Notwithstanding any other law, a medical school or medical school program accredited by the Liaison Committee on Medical Education, the Committee on…
- § 2086 The Division of Licensing may utilize medical consultants and investigators employed by the board pursuant to Section 2020 to evaluate the curricula of medical…
- § 2087 If any applicant for licensure is rejected by the board, then the applicant may commence an action in the superior court as provided in Section 2019 against…
- § 2088 (a) An applicant for a physician’s and surgeon’s license or a physician’s and surgeon’s licensee who is otherwise eligible for that license but is unable to…
- § 2090 (a) The board shall not require an applicant for a physician’s and surgeon’s license or a physician’s and surgeon’s postgraduate training license to disclose…
- § 2092 (a) The board shall develop a process to give priority review status to the application of an applicant for a physician and surgeon’s certificate who can…
- § 2096 (a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be issued, each applicant, including an applicant…
- § 2097 (a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be renewed, at the time of initial renewal, a physician…
- § 2097.5 (a) (1) Notwithstanding Section 2097, a physician’s and surgeon’s license may be renewed for the first time if the board receives evidence satisfactory to the…
- § 2099 Notwithstanding any other provision of this chapter, the Division of Licensing may delegate to any member of the division its authority to approve the…
ARTICLE 4.5. Osteopathic Requirements for Licensure §§ 2099.5–2099.6 · 2 sections
- § 2099.5 Notwithstanding any other provision of law, an originating license for an osteopathic physician’s and surgeon’s certificate issued by the Osteopathic Medical…
- § 2099.6 (a) The Osteopathic Medical Board of California shall develop a process to give priority review status to the application of an applicant for an osteopathic…
ARTICLE 5. Foreign Medical Graduates §§ 2105–2113 · 4 sections
- § 2105 (a) No hospital licensed by this state, or operated by the state or a political subdivision thereof, or which receives state financial assistance, directly or…
- § 2111 (a) Physicians who are not citizens but who meet the requirements of subdivision (b) and who seek postgraduate study in an approved medical school or academic…
- § 2112 (a) Physicians who are not citizens and who seek postgraduate study, may, after application to and approval by the board, be permitted to participate in a…
- § 2113 (a) Any person who does not immediately qualify for a physician’s and surgeon’s certificate under this chapter and who is offered by the dean of an approved…
ARTICLE 6. Licensed Physicians from Mexico Program §§ 2125–2126 · 2 sections
- § 2125 (a) For purposes of this article, the following definitions apply: (1) “Board” means the Medical Board of California. (2) “Program” means the Licensed…
- § 2126 (a) The following fees apply to the licensure of physicians and surgeons authorized by this article: (1) The application and processing fee shall be the amount…
ARTICLE 7. Reciprocity and National Board Diplomate Applications §§ 2135–2153 · 7 sections
- § 2135 The board shall issue a physician’s and surgeon’s certificate to an applicant who meets all of the following requirements: (a) The applicant holds an unlimited…
- § 2135.5 Upon review and recommendation, the board may determine that an applicant for a physician’s and surgeon’s certificate has satisfied the medical education…
- § 2141 (a) An applicant under this article shall file a verified application on a form furnished by the Division of Licensing. (b) Each application shall include all…
- § 2143 An applicant for a reciprocity certificate need not have completed the postgraduate training required in Section 2096 prior to the issuance of a license in…
- § 2144 The Division of Licensing may make an independent investigation of the educational qualifications and the ability and standing of the applicant. If, after this…
- § 2151 Notwithstanding any other provision of law, the Division of Licensing may issue a physician and surgeon’s certificate to a diplomate of the National Board of…
- § 2153 In addition to the requirements of Section 164, a certificate issued under this article shall include in its description the basis upon which the certificate…
ARTICLE 7.5. Osteopathic Reciprocity Applications § 2153.5 · 1 section
- § 2153.5 Notwithstanding any other provisions of law, the Osteopathic Medical Board of California shall issue an osteopathic physician’s and surgeon’s certificate on…
ARTICLE 8.5. Special Permits §§ 2168–2169 · 7 sections
- § 2168 (a) (1) A special faculty permit authorizes the holder to practice medicine only within the medical school itself, any affiliated institution of the medical…
- § 2168.1 (a) Any person who meets all of the following eligibility requirements may apply for a special faculty permit: (1) Is academically eminent. For purposes of…
- § 2168.2 An application for a special faculty permit shall be made on a form prescribed by the board and shall include any information that the board may prescribe to…
- § 2168.3 A special faculty permit may be denied, suspended, or revoked for any violation that would be grounds for denial, suspension, or revocation of a physician and…
- § 2168.4 (a) A special faculty permit expires and becomes invalid at midnight on the last day of the month in which the permit was issued during the second year of a…
- § 2168.5 A holder of a special faculty permit issued before January 1, 2021, who practices medicine pursuant to subdivision (a) of Section 2168 at an academic medical…
- § 2169 A person who holds a special faculty permit shall meet the continuing medical education requirements set forth in Article 10 (commencing with Section 2190).
ARTICLE 9. Examinations §§ 2170–2186 · 9 sections
- § 2170 (a) All applicants for a physician’s and surgeon’s certificate shall take the examination provided for in this article unless provisions of this chapter…
- § 2171 All examinations shall be designed to ascertain the applicant’s fitness to practice medicine. Unless otherwise provided the examination shall be in writing.
- § 2175 State examination records shall be kept on file by the board until June 1, 2070. Examinees shall be known and designated by number only, and the name attached…
- § 2176 Examinations for a physician’s and surgeon’s certificate may be conducted by the Division of Licensing under a uniform examination system, and for that purpose…
- § 2177 (a) A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board. (b) Applicants may…
- § 2179 The Division of Licensing shall insure that nutrition is included on the examination for a certificate as a physician and surgeon.
- § 2183 An applicant for a physician’s and surgeon’s certificate shall pass the national examination for medical licensure in biomedical sciences and clinical…
- § 2184 (a) Each applicant shall obtain on the written examination a passing score, established by the board pursuant to Section 2177. (b) (1) Passing scores on each…
- § 2186 An applicant who is a diplomate of the National Board of Medical Examiners shall not be required to take the written examination prescribed by this article,…
ARTICLE 10. Continuing Medical Education §§ 2190–2196.9 · 22 sections
- § 2190 In order to ensure the continuing competence of licensed physicians and surgeons, the board shall adopt and administer standards for the continuing education…
- § 2190.1 (a) The continuing medical education standards of Section 2190 may be met by educational activities that meet the standards of the board and that serve to…
- § 2190.15 Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical…
- § 2190.2 The Division of Licensing shall establish criteria that providers of continuing medical education shall follow to ensure attendance by licensees throughout the…
- § 2190.3 All general internists and family physicians who have a patient population of which over 25 percent are 65 years of age or older shall complete at least 20…
- § 2190.4 (a) Beginning July 1, 2027, a qualifying physician and surgeon who completes continuing medical education courses in perimenopause, menopause, and…
- § 2190.5 (a) (1) All physicians and surgeons shall complete a mandatory continuing education course in the subjects of pain management and the treatment of terminally…
- § 2190.6 (a) As an alternative to Section 2190.5, a physician and surgeon may complete a one-time continuing education course of 12 credit hours in the subject of…
- § 2191 (a) In determining its continuing education requirements, the board shall consider including a course in human sexuality, defined as the study of a human being…
- § 2191.1 The Division of Licensing shall encourage every physician and surgeon to take a course in pharmacology and pharmaceuticals as part of his or her continuing…
- § 2191.2 The division shall encourage every physician and surgeon to take a course in geriatric medicine, including geriatric pharmacology, as part of his or her…
- § 2191.4 The board, in determining its continuing education requirements, shall consider including a course in integrating HIV/AIDS pre-exposure prophylaxis (PrEP) and…
- § 2191.5 In determining its continuing education requirements, the board shall consider including a course in integrating mental and physical health care in primary…
- § 2191.6 In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but…
- § 2196 The board shall periodically develop and disseminate information and educational material regarding the detection and treatment of child abuse and neglect to…
- § 2196.1 The board shall periodically develop and disseminate information and educational material regarding the detection and treatment of elder abuse and neglect to…
- § 2196.2 The board shall periodically develop and disseminate information and educational material regarding pain management techniques and procedures, including the…
- § 2196.5 The board shall periodically disseminate information and educational material regarding the detection and treatment of spousal or partner abuse to each…
- § 2196.6 The board shall periodically disseminate information and educational material regarding the prevention and treatment of chronic disease by the application of…
- § 2196.7 The board shall convene a working group of interested parties to discuss nutrition and lifestyle behavior for the prevention and treatment of chronic disease…
- § 2196.8 The board shall periodically develop and disseminate information and educational material regarding assessing a patient’s risk of abusing or diverting…
- § 2196.9 (a) In determining its continuing education requirements for physicians and surgeons, the board shall consider including a course in maternal mental health,…
ARTICLE 10.5. Cultural and Linguistic Competency of Physicians Act of 2003 §§ 2198–2198.1 · 2 sections
- § 2198 (a) This article shall be known and may be cited as the Cultural and Linguistic Competency of Physicians Act of 2003. The cultural and linguistic physician…
- § 2198.1 For purposes of this article, “cultural and linguistic competency” means cultural and linguistic abilities that can be incorporated into therapeutic and…
ARTICLE 11.5. Surgery in Certain Outpatient Settings §§ 2215–2217 · 7 sections
- § 2215 The Legislature finds and declares that in this state, significant surgeries are being performed in unregulated out-of-hospital settings. The Legislature…
- § 2216 On or after July 1, 1996, no physician and surgeon shall perform procedures in an outpatient setting using anesthesia, except local anesthesia or peripheral…
- § 2216.1 On and after July 1, 2000, it is unprofessional conduct for a physician and surgeon to perform procedures in any outpatient setting except in compliance with…
- § 2216.2 (a) It is unprofessional conduct for a physician and surgeon to fail to provide adequate security by liability insurance, or by participation in an…
- § 2216.3 (a) An outpatient setting accredited pursuant to Section 1248.1 of the Health and Safety Code shall report an adverse event to the board no later than five…
- § 2216.4 If an accredited outpatient setting fails to report an adverse event pursuant to Section 2216.3, the board may assess the accredited outpatient setting a civil…
- § 2217 The Division of Licensing of the Medical Board of California may adopt regulations to implement this article and Chapter 1.3 (commencing with Section 1248) of…
ARTICLE 12. Enforcement §§ 2220–2319 · 116 sections
- § 2220 Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter. The board shall enforce and administer…
- § 2220.01 (a) (1) The director shall appoint an independent enforcement monitor no later than March 1, 2022. The director may retain a person for this position by a…
- § 2220.05 (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California and the California Board of Podiatric…
- § 2220.08 (a) Except for reports received by the board pursuant to Section 801.01 or 805 that may be treated as complaints by the board and new complaints relating to a…
- § 2220.1 (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the…
- § 2220.2 (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the…
- § 2220.5 (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and…
- § 2220.6 The board shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or…
- § 2220.7 (a) A physician and surgeon shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute arising from…
- § 2221 (a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee…
- § 2221.05 (a) Notwithstanding subdivision (a) of Section 2221, the board may issue a physician’s and surgeon’s certificate to an applicant who has committed minor…
- § 2221.1 (a) The board and the California Board of Podiatric Medicine shall investigate and may take disciplinary action, including, but not limited to, revocation or…
- § 2222 The California Board of Podiatric Medicine shall enforce and administer this article as to doctors of podiatric medicine. Any acts of unprofessional conduct or…
- § 2224 (a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of…
- § 2225 (a) Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of podiatric medicine and his or her…
- § 2225.3 The board, the California Board of Podiatric Medicine, and the Attorney General, shall return any original documents received pursuant to Section 2225 to the…
- § 2225.5 (a) (1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s written…
- § 2225.7 When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity…
- § 2226 The Division of Medical Quality or the Senior Assistant Attorney General of the Health Quality Enforcement Section may inspect a licensed general or…
- § 2227 (a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government…
- § 2227.3 (a) The board may delegate to its executive director the authority to issue an administrative confidential letter of advice to a licensee to resolve a…
- § 2227.5 The board shall keep a copy of a complaint it receives concerning the unprofessional conduct of a licensee for seven years or until the statute of limitations…
- § 2228 The authority of the board or the California Board of Podiatric Medicine to discipline a licensee by placing him or her on probation includes, but is not…
- § 2228.1 (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board and the Podiatric Medical Board of California shall require a…
- § 2228.5 (a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for…
- § 2229 (a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative…
- § 2230 (a) All proceedings against a licensee for unprofessional conduct, or against an applicant for licensure for unprofessional conduct or cause, shall be…
- § 2230.5 (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be…
- § 2231 An administrative law judge as designated in Section 11371 of the Government Code may utilize the procedures in Section 11515 of the Government Code concerning…
- § 2232 (a) (1) Except as provided in subdivision (c), the board shall automatically revoke a license under either of the following circumstances: (A) The licensee, at…
- § 2232.5 (a) (1) Notwithstanding Section 2236, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where…
- § 2233 The board may, by stipulation or settlement with the affected physician and surgeon, issue a public letter of reprimand after it has conducted an investigation…
- § 2234 The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional…
- § 2234.1 (a) A physician and surgeon shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis that the treatment…
- § 2235 Upon referral from the division, the Senior Assistant Attorney General of the Health Quality Enforcement Section shall initiate action against any licensee who…
- § 2236 (a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional…
- § 2236.1 (a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction…
- § 2236.2 (a) Notwithstanding Article 9 (commencing with Section 700) of Chapter 1 of Division 2 or any other provision of law, a physician and surgeon’s certificate…
- § 2237 (a) The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or…
- § 2238 A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled…
- § 2239 (a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in…
- § 2240 (a) A physician and surgeon who performs a medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the…
- § 2241 (a) A physician and surgeon may prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to a person with substance…
- § 2241.3 Notwithstanding any other provision of law, nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of…
- § 2241.5 (a) A physician and surgeon may prescribe for, or dispense or administer to, a person under their treatment for a medical condition dangerous drugs or…
- § 2241.6 The Division of Medical Quality shall develop standards before June 1, 2002, to assure the competent review in cases concerning the management, including, but…
- § 2242 (a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication,…
- § 2242.1 (a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as…
- § 2242.2 Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting…
- § 2243 Upon referral by the National Health Services Corps to the Attorney General of the United States of any physician or surgeon who fails to provide service as a…
- § 2244 A physician and surgeon who collects biological specimens for clinical testing or examination shall secure or ensure that his or her employees, agents, or…
- § 2245 (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the…
- § 2246 Any proposed decision or decision issued under this article that contains any finding of fact that the licensee engaged in any act of sexual exploitation, as…
- § 2247 (a) A licensee shall meet the requirements set forth in subdivision (f) of Section 1031 of the Government Code prior to performing either of the following: (1)…
- § 2248 This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act. (a) If a physician and surgeon, during a physical…
- § 2248.5 (a) A standardized written summary in layman’s language and in a language understood by patients shall be approved by the State Department of Health Services.…
- § 2249 (a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient during the annual…
- § 2250 The willful failure to comply with the requirements of Article 6 (commencing with Section 14191) of Chapter 7 of Part 3 of Division 9 of the Welfare and…
- § 2251 The prescribing, dispensing, administering, or furnishing of liquid silicone for the purpose of injecting such substance into a human breast or mammary…
- § 2252 The violation of Chapter 4 (commencing with Section 109250) of Part 4 of Division 104 of the Health and Safety Code, or any violation of an injunction or cease…
- § 2253 (a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and…
- § 2254 The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct.
- § 2255 The violation of any provision of Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, relating to the unlawful referral of…
- § 2256 Any intentional violation of Sections 5326.2 to 5326.8, inclusive, of the Welfare and Institutions Code, relating to the rights of involuntarily confined…
- § 2257 The violation of Section 109275 of the Health and Safety Code, relating to informed consent for the treatment of breast cancer, constitutes unprofessional…
- § 2258 The violation of Section 1708.5 of the Health and Safety Code, relating to the use of laetrile or amygdalin with respect to cancer therapy, constitutes…
- § 2259 (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing silicone…
- § 2259.5 (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing collagen…
- § 2259.7 The Medical Board of California shall adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and…
- § 2259.8 (a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received,…
- § 2260 (a) A physician and surgeon who removes sperm or ova from a patient shall, before the sperm or ova are used for a purpose other than reimplantation in the same…
- § 2260.5 A violation of Section 24185 of the Health and Safety Code, relating to human cloning, constitutes unprofessional conduct.
- § 2261 Knowingly making or signing any certificate or other document directly or indirectly related to the practice of medicine or podiatry which falsely represents…
- § 2262 Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes…
- § 2263 The willful, unauthorized violation of professional confidence constitutes unprofessional conduct.
- § 2264 The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in…
- § 2266 The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients for at least seven…
- § 2271 Any advertising in violation of Section 17500, relating to false or misleading advertising, constitutes unprofessional conduct.
- § 2272 Any advertising of the practice of medicine in which the licensee fails to use his or her own name or approved fictitious name constitutes unprofessional…
- § 2273 (a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct.…
- § 2274 (a) The use by any licensee of any certificate, of any letter, letters, word, words, term, or terms either as a prefix, affix, or suffix indicating that he or…
- § 2275 Any person who held a physician’s and surgeon’s certificate under the jurisdiction of the Osteopathic Medical Board of California and a degree of doctor of…
- § 2276 Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of osteopathy after the completion of a full course of…
- § 2277 Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of podiatric medicine after the completion of a full…
- § 2278 Unless a person authorized under this chapter to use the title “doctor” or the letters or prefix “Dr.” holds a physician’s and surgeon’s certificate, the use…
- § 2280 No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her ability to conduct the…
- § 2281 A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on…
- § 2282 The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not…
- § 2282.5 (a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following: (1) Establishing, in medical staff bylaws, rules,…
- § 2283 The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does…
- § 2284 (a) A licensed physician and surgeon or a licensed podiatrist, or a group of physicians and surgeons or podiatrists, or a medical or podiatry corporation shall…
- § 2285 The use of any fictitious, false, or assumed name, or any name other than his or her own by a licensee either alone, in conjunction with a partnership or…
- § 2286 It shall constitute unprofessional conduct for any licensee to violate, to attempt to violate, directly or indirectly, to assist in or abet the violation of,…
- § 2287 The purchase, sale, or barter, or offering to purchase, sell, or barter any medical or podiatric degree, or any degree, diploma, certificate, affidavit,…
- § 2288 The impersonation of any applicant or acting as proxy for any applicant in any examination required under this chapter for a certificate constitutes…
- § 2289 The impersonation of another licensed practitioner or permitting or allowing another person to use his or her certificate to engage in the practice of medicine…
- § 2290 The provisions of Article 4 (commencing with Section 580) of Chapter 1, relating to frauds of medical records, degrees, diplomas, certificates, and transcripts…
- § 2290.5 (a) For purposes of this division, the following definitions apply: (1) “Asynchronous store and forward” means the transmission of a patient’s medical…
- § 2291 It is unprofessional conduct for any licensee not a member or authorized official of the board, or of the California Board of Podiatric Medicine in the case of…
- § 2292 (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by a medical expert designated by the…
- § 2293 (a) The professional competency examination shall be in the form of an oral clinical examination to be administered by three physician examiners selected by…
- § 2294 (a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination…
- § 2305 The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice medicine issued…
- § 2306 If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such suspension. Upon the…
- § 2307 (a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose…
- § 2307.5 (a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307. (b) The fee…
- § 2310 (a) If a physician and surgeon possesses a license or is otherwise authorized to practice medicine (1) in any state other than California or (2) by any agency…
- § 2311 Whenever any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the…
- § 2312 The Division of Medical Quality shall seek to obtain an injunction against any physician and surgeon within its jurisdiction if the division has reasonable…
- § 2313 The board shall report annually to the Legislature, no later than October 1 of each year, the following information: (a) The total number of temporary…
- § 2314 (a) Unless it is otherwise expressly provided, any person, whether licensed under this chapter or not, who violates any provision of this article is guilty of…
- § 2315 (a) Except as otherwise provided by law, any person found guilty of a misdemeanor for a violation of this chapter shall be punished by a fine of not less than…
- § 2316 If a licensed physician and surgeon who provides expertise to the board in the evaluation of an applicant or a licensee is, as a result of providing that…
- § 2317 If a person, not a regular employee of the board, is hired, under contract, or retained under any other arrangement, paid or unpaid, to provide expertise or…
- § 2318 In addition to any immunity afforded by Sections 43.8 and 47 of the Civil Code, if applicable, any person, including, but not limited to, a physician and…
- § 2319 (a) The board shall set as a goal the improvement of its disciplinary system by January 1, 1992, so that an average of no more than six months will elapse from…
ARTICLE 13. Medical Adjudication §§ 2330–2337 · 6 sections
- § 2330 Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric…
- § 2332 (a) The Division of Medical Quality or the Health Quality Enforcement Section of the office of the Attorney General may establish panels or lists of experts as…
- § 2334 (a) Notwithstanding any other provision of law, with respect to the use of expert testimony in matters brought by the Medical Board of California, no expert…
- § 2335 (a) All proposed decisions and interim orders of the Medical Quality Hearing Panel designated in Section 11371 of the Government Code shall be transmitted to…
- § 2336 The Division of Medical Quality and the California Board of Podiatric Medicine shall adopt rules, pursuant to Chapter 3.5 (commencing with Section 11340) of…
- § 2337 Notwithstanding any other provision of law, superior court review of a decision revoking, suspending, or restricting a license shall take preference over all…
ARTICLE 14. Physician and Surgeon Health and Wellness Program §§ 2340–2340.8 · 5 sections
- § 2340 (a) The board may establish a Physician and Surgeon Health and Wellness Program for the early identification of, and appropriate interventions to support a…
- § 2340.2 If the board establishes a program, the program shall do all of the following: (a) Provide for the education of all licensed physicians and surgeons with…
- § 2340.4 (a) If the board establishes a program, the board shall contract for the program’s administration with a private third-party independent administering entity…
- § 2340.6 (a) A physician and surgeon shall, as a condition of participation in the program, enter into an individual agreement with the program and agree to pay…
- § 2340.8 (a) The Physician and Surgeon Health and Wellness Program Account is hereby established within the Contingent Fund of the Medical Board of California. Any fees…
ARTICLE 15. Osteopathic Physician and Surgeon Diversion Evaluation Committee §§ 2360–2370 · 11 sections
- § 2360 It is the intent of the Legislature that the Osteopathic Medical Board of California seek ways and means to identify and rehabilitate osteopathic physicians…
- § 2361 As used in this article: (a) “Board” means the Osteopathic Medical Board of California. (b) “Diversion program” means a treatment program created by this…
- § 2362 One or more diversion evaluation committees are hereby created in the state to be established by the board. The board shall establish criteria and appoint the…
- § 2363 Each member of the committee shall receive per diem and expenses as provided in Section 103.
- § 2364 The board shall administer this article.
- § 2365 (a) The board shall establish criteria for the acceptance, denial, or termination of participants in the diversion program. Unless ordered by the board as a…
- § 2366 A committee created under this article operates under the direction of the diversion program manager. The program manager has the primary responsibility to…
- § 2367 (a) Each licensee who requests participation in a treatment program shall agree to cooperate with the treatment program designed by the committee and approved…
- § 2368 An administrative fee to be established by the board, may be charged for participation in the program; all costs of treatment shall be paid by the participant.…
- § 2369 (a) After the committee and the program manager, in their discretion, have determined that a participant has been rehabilitated and the program is completed,…
- § 2370 The board shall provide for the representation of any persons making reports to the diversion evaluation committee or to the board under this article in any…
ARTICLE 17. Exemptions from Liability §§ 2395–2398 · 5 sections
- § 2395 No licensee, who in good faith renders emergency care at the scene of an emergency, shall be liable for any civil damages as a result of any acts or omissions…
- § 2395.5 (a) A licensee who serves on an on-call basis to a hospital emergency room, who in good faith renders emergency obstetrical services to a person while serving…
- § 2396 No licensee, who in good faith upon the request of another person so licensed, renders emergency medical care to a person for medical complication arising from…
- § 2397 (a) A licensee shall not be liable for civil damages for injury or death caused in an emergency situation occurring in the licensee’s office or in a hospital…
- § 2398 No licensee, who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college or high school…
ARTICLE 18. Corporations §§ 2400–2417.5 · 17 sections
- § 2400 Corporations and other artificial legal entities shall have no professional rights, privileges, or powers. However, the Division of Licensing may in its…
- § 2401 (a) Notwithstanding Section 2400, a clinic operated primarily for the purpose of medical education by a public or private nonprofit university medical school,…
- § 2402 The provisions of Section 2400 do not apply to a medical or podiatry corporation practicing pursuant to the Moscone-Knox Professional Corporation Act (Part 4…
- § 2403 The provisions of Section 2400 do not apply to physicians and surgeons or doctors of podiatric medicine enrolled in approved residency postgraduate training…
- § 2406 A medical corporation or podiatry corporation is a corporation that is authorized to render professional services, as defined in Section 13401 of the…
- § 2406.5 (a) When a physician and surgeon, podiatrist, or other referring practitioner refers a patient to receive services by a physical therapist employed by a…
- § 2407 A medical or podiatry corporation shall be subject to the provisions of Sections 2285 and 2415.
- § 2408 Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a medical or podiatry corporation, except…
- § 2409 The income of a medical and podiatry corporation attributable to professional services rendered while a shareholder is a disqualified person, as defined in…
- § 2410 A medical or podiatry corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct…
- § 2411 Notwithstanding any other provision of law, the offering and operation by a medical corporation of a health care service plan licensed pursuant to the…
- § 2412 The Division of Licensing may adopt and enforce regulations to carry out the purposes and objectives of this article and the Moscone-Knox Professional…
- § 2413 This article shall apply to medical corporations which have physicians and surgeons licensed by the Osteopathic Medical Board of California as shareholders,…
- § 2415 (a) Any physician and surgeon or any doctor of podiatric medicine, as the case may be, who as a sole proprietor, or in a partnership, group, or professional…
- § 2416 Physicians and surgeons and doctors of podiatric medicine may conduct their professional practices in a partnership or group of physicians and surgeons or a…
- § 2417 (a) If the Department of Insurance has evidence that a business is being operated in violation of this chapter, Part 4 (commencing with Section 13400) of…
- § 2417.5 (a) A business organization that offers to provide, or provides, outpatient elective cosmetic medical procedures or treatments, that is owned or operated in…
ARTICLE 18.5. Locum Tenens Services § 2418 · 1 section
- § 2418 (a) The Legislature hereby finds and declares all of the following: (1) The State of California is facing a growing crisis in physician supply due, in part, to…
ARTICLE 19. Renewal of Licenses §§ 2421–2433 · 12 sections
- § 2421 As used in this article, the terms: (a) “License” includes “certificate,” “permit,” and “registration.” (b) “Licensee” includes the holder of a license. (c)…
- § 2423 (a) All physician and surgeon’s certificates, and certificates to practice midwifery, research psychoanalyst registrations, polysomnographic trainee,…
- § 2424 Notwithstanding Section 163.5, any licensee of the board or the California Board of Podiatric Medicine who does not renew the licensee’s expired license within…
- § 2425 (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any…
- § 2425.1 The Legislature finds and declares all of the following: (a) Currently, California is experiencing an access to health care crisis that, in large measure, is…
- § 2425.3 (a) A licensed physician and surgeon shall report to the board, immediately upon issuance of an initial license and at the time of license renewal, any…
- § 2426 (a) A licensee shall report to the board at the time of renewal of a license any financial interest that the licensee or a member of the licensee’s immediate…
- § 2427 (a) Except as provided in Section 2429, a license which has expired may be renewed at any time within five years after its expiration on filing an application…
- § 2428 (a) A person who voluntarily cancels his or her license or who fails to renew his or her license within five years after its expiration shall not renew it, but…
- § 2429 (a) A license which is suspended for unprofessional conduct is subject to expiration and shall be renewed as provided in this article, but such renewal does…
- § 2432 Upon filing an application therefor, containing such information as the licensing authority may require and accompanied by the required duplicate certificate…
- § 2433 Upon filing an application therefor, containing such information as the licensing authority may require and accompanied by the required endorsement fee, if…
ARTICLE 20. Revenue §§ 2435–2448 · 16 sections
- § 2435 The following fees apply to the licensure of physicians and surgeons: (a) Each applicant for a certificate based upon a national board diplomate certificate,…
- § 2435.1 (a) In addition to the fees charged for the initial issuance or biennial renewal of a physician and surgeon’s certificate pursuant to Section 2435, and at the…
- § 2435.2 (a) Notwithstanding any other provision of law, if Article 14 (commencing with Section 2340) becomes inoperative or the diversion program described in that…
- § 2435.3 Notwithstanding any other provision of law, if Section 12529.6 of the Government Code remains operative on or after July 1, 2008, and is not repealed, the…
- § 2436 The fees in this article fixed by the board shall be set forth as emergency regulations duly adopted by the Division of Licensing.
- § 2436.5 (a) (1) In addition to the fees charged for the initial issuance or biennial renewal of a physician and surgeon’s certificate pursuant to Section 2435, and at…
- § 2437 The board may fix a fee for the approval of postgraduate training for clinical service programs approved by the Division of Licensing at an amount equal to the…
- § 2439 (a) Every licensee is exempt from the payment of the renewal fee and requirement for continuing medical education if the licensee has applied to the Division…
- § 2440 (a) Every licensee is exempt from the payment of the renewal fee while engaged in full-time training or active service in the Army, Navy, Air Force, or…
- § 2441 (a) Any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice medicine due to a disability may request a waiver of…
- § 2442 The renewal fee shall be waived for a physician and surgeon who certifies to the Medical Board of California that license renewal is for the sole purpose of…
- § 2443 The following fees apply to fictitious-name permits issued under Section 2415: (a) The initial permit fee shall be seventy dollars ($70). If the permit will…
- § 2445 All moneys paid to and received by the board shall be paid into the State Treasury and shall be credited to the Contingent Fund of the Medical Board of…
- § 2446 Unless otherwise expressly provided in this chapter, all fines imposed or forfeitures of bail collected by any court in connection with any violation of the…
- § 2447 The board shall refund any fees, fines, or forfeitures in accordance with the provisions of Section 158. The board may expend from its contingent fund whatever…
- § 2448 Notwithstanding the possession by a licensee of a renewal receipt or other acknowledgement of renewal of licensure, a license issued and renewed may, at any…
ARTICLE 21. Provisions Applicable to Osteopathic Physicians and Surgeons §§ 2450–2459.7 · 24 sections
- § 2450 There is a Board of Osteopathic Examiners of the State of California, established by the Osteopathic Act, which shall be known as the Osteopathic Medical Board…
- § 2450.1 Protection of the public shall be the highest priority for the Osteopathic Medical Board of California in exercising its licensing, regulatory, and…
- § 2451 The words “Medical Board of California,” the term “board,” or any reference to a division of the Medical Board of California as used in this chapter shall be…
- § 2452 This chapter applies to the Osteopathic Medical Board of California so far as consistent with the Osteopathic Act. Unless otherwise provided, this article is…
- § 2453 (a) It is the policy of this state that holders of M.D. degrees and D.O. degrees shall be accorded equal professional status and privileges as licensed…
- § 2453.5 Individuals possessing physician’s and surgeon’s certificates issued by the Osteopathic Medical Board of California shall not hold themselves out to be board…
- § 2454.5 In order to ensure the continuing competence of licensed osteopathic physicians and surgeons, the board shall adopt and administer standards for the continuing…
- § 2454.6 In determining its continuing education requirements, the board shall consider including a course in infection-associated chronic conditions, including, but…
- § 2454.7 (a) Beginning July 1, 2027, a qualifying osteopathic physician and surgeon who completes continuing medical education courses in perimenopause, menopause, and…
- § 2455 The amount of fees and refunds is that established by the following schedule for any certificate issued by the Osteopathic Medical Board of California. All…
- § 2455.1 (a) In addition to the fees charged pursuant to Section 2455, and at the time those fees are charged, the board shall charge each applicant for an original or…
- § 2455.2 (a) A licensed osteopathic physician and surgeon shall report to the Osteopathic Medical Board of California, at the time of initial licensure, any specialty…
- § 2456 (a) Each person holding a certificate issued by the Osteopathic Medical Board of California residing in or out of California shall pay the board a biennial…
- § 2456.1 All osteopathic physician’s and surgeon’s certificates shall be issued for two years and shall expire at midnight on the last day of the month in which the…
- § 2456.2 (a) The board shall notify in writing by certified mail, return receipt requested, any physician and surgeon who does not renew his or her license within 60…
- § 2456.3 Except as provided in Section 2429, a license which has expired may be renewed at any time within five years after its expiration by filing an application for…
- § 2457 The failure of any person holding a certificate issued by the Osteopathic Medical Board of California to pay the biennial license fee during the time his or…
- § 2457.5 (a) In addition to Article 12 (commencing with Section 2220), the charging, or obtaining of an unconscionable fee for professional services rendered to a…
- § 2458 When the prosecution for a violation of this chapter is initiated by the Osteopathic Medical Board of California, 75 percent of all fines and forfeitures of…
- § 2459 The Osteopathic Medical Board of California shall not issue any drugless practitioner’s certificates under this chapter or any other law. All persons holding…
- § 2459.4 (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that…
- § 2459.5 An osteopathic physician and surgeon licensed pursuant to the Osteopathic Initiative Act may utilize the services of an aide to assist the osteopathic…
- § 2459.6 (a) For the purposes of Section 2459.5 and this section: (1) “Osteopathic physician and surgeon” means a person defined in the Osteopathic Initiative Act. (2)…
- § 2459.7 Notwithstanding any other provision of law, no osteopathic physician and surgeon shall utilize an osteopathic aide to perform services other than those…
ARTICLE 22. Podiatric Medicine §§ 2460–2499.8 · 43 sections
- § 2460 (a) There is created in the Department of Consumer Affairs the Podiatric Medical Board of California. Any reference in any provision of law to the California…
- § 2460.1 Notwithstanding any other law, the repeal of Section 2460 renders the Podiatric Medical Board of California subject to review by the appropriate policy…
- § 2460.2 Protection of the public shall be the highest priority for the Podiatric Medical Board of California in exercising its licensing, regulatory, and disciplinary…
- § 2461 (a) As used in this article: (1) “Board” means the Podiatric Medical Board of California. (2) “Podiatric licensing authority” refers to any officer, board,…
- § 2462 The board shall consist of seven members, three of whom shall be public members. Not more than one member of the board shall be a full-time faculty member of a…
- § 2463 Each member of the board, except the public members, shall be appointed from persons having all of the following qualifications: (a) Be a citizen of this state…
- § 2464 The public members shall be appointed from persons having all of the following qualifications: (a) Be a citizen of this state for at least five years next…
- § 2465 No person who directly or indirectly owns any interest in any college, school, or other institution engaged in podiatric medical instruction shall be appointed…
- § 2466 All members of the board shall be appointed for terms of four years. Vacancies shall immediately be filled by the appointing power for the unexpired portion of…
- § 2467 (a) The board may convene from time to time as it deems necessary. (b) Four members of the board constitute a quorum for the transaction of business at any…
- § 2468 Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1…
- § 2469 Each member of the board shall receive per diem and expenses as provided in Section 2016.
- § 2470 The board may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of…
- § 2471 Except as provided by Section 159.5, the board may employ, within the limits of the funds received by the board, all personnel necessary to carry out this…
- § 2472 (a) The certificate to practice podiatric medicine authorizes the holder to practice podiatric medicine. (b) As used in this chapter, “podiatric medicine”…
- § 2473 (a) A doctor of podiatric medicine may independently prescribe and administer influenza and COVID-19 vaccines, consistent with recommendations adopted pursuant…
- § 2474 (a) Any person who uses in any sign or in any advertisement or otherwise, the word or words “doctor of podiatric medicine,” “doctor of podiatry,” “podiatric…
- § 2475 Unless otherwise provided by law, no postgraduate trainee, intern, resident postdoctoral fellow, or instructor may engage in the practice of podiatric…
- § 2475.1 Before a resident’s license may be issued, each applicant shall show by evidence satisfactory to the board, submitted directly to the board by the national…
- § 2475.2 As used in this article, “podiatric residency” means a program of supervised postgraduate clinical training, one year or more in duration, approved by the…
- § 2475.3 (a) The board shall approve podiatric residency programs, as defined in Section 2475.2, in the field of podiatric medicine, for persons who are applicants for…
- § 2476 Nothing in this chapter shall be construed to prevent a regularly matriculated student undertaking a course of professional instruction in an approved college…
- § 2477 Nothing in this chapter prohibits the manufacture, the recommendation, or the sale of either corrective shoes or appliances for the human feet.
- § 2479 The board shall issue a certificate to practice podiatric medicine to each applicant who meets the requirements of this chapter. Every applicant for a…
- § 2480 The board shall have full authority to investigate and to evaluate each applicant applying for a certificate to practice podiatric medicine and to make a…
- § 2481 Each applicant who commenced professional instruction in podiatric medicine after September 1, 1959, shall show by an official transcript or other official…
- § 2483 (a) Each applicant for a certificate to practice podiatric medicine shall show by an official transcript or other official evidence satisfactory to the board…
- § 2484 In addition to any other requirements of this chapter, before a certificate to practice podiatric medicine may be issued, each applicant shall show by evidence…
- § 2486 The board shall issue a certificate to practice podiatric medicine if the applicant has submitted directly to the board from the credentialing organizations…
- § 2488 The board shall issue a certificate to practice podiatric medicine by credentialing if the applicant has submitted directly to the board from the credentialing…
- § 2492 (a) The board shall examine every applicant for a certificate to practice podiatric medicine to ensure a minimum of entry-level competence at the time and…
- § 2493 An applicant for a certificate to practice podiatric medicine shall pass an examination in the subjects required by Section 2483 in order to ensure a minimum…
- § 2495 Notwithstanding any other provision of this chapter, the board may delegate to officials of the board the authority to approve the admission of applicants to…
- § 2496 In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board shall adopt and administer regulations requiring…
- § 2496.5 Any vaccine training program provided through the federal Centers for Disease Control and Prevention, including courses that were completed by a licensed…
- § 2497 (a) The board may order the denial of an application for, or the suspension of, or the revocation of, or the imposition of probationary conditions upon, a…
- § 2497.5 (a) The board may request the administrative law judge, under his or her proposed decision in resolution of a disciplinary proceeding before the board, to…
- § 2498 (a) The board shall have the responsibility for reviewing the quality of podiatric medical practice carried out by persons licensed to practice podiatric…
- § 2499 (a) There is in the State Treasury the Board of Podiatric Medicine Fund. Commencing July 1, 2019, the Board of Podiatric Medicine Fund is renamed the Podiatric…
- § 2499.5 The following fees apply to certificates to practice podiatric medicine. The amount of fees prescribed for doctors of podiatric medicine shall be determined by…
- § 2499.6 The fees in this article shall be fixed by the board in accordance with Section 313.1.
- § 2499.7 (a) Certificates to practice podiatric medicine shall expire at midnight on the last day of the birth month of the licensee during the second year of a…
- § 2499.8 Any licensee who demonstrates to the satisfaction of the board that he or she is unable to practice podiatric medicine due to a disability may request a waiver…
ARTICLE 23. Alternative Practices and Treatments §§ 2500–2501 · 2 sections
- § 2500 The boards acknowledge the significant interest of physicians and patients alike in integrating preventative approaches and holistic-based alternatives into…
- § 2501 In fulfilling their responsibilities under this article, the boards shall , on or before July 1, 2002, establish disciplinary policies and procedures to…
ARTICLE 24. Licensed Midwives §§ 2505–2523 · 26 sections
- § 2505 This article shall be known and may be cited as the Licensed Midwifery Practice Act of 1993.
- § 2506 As used in this article the following definitions shall apply: (a) “Board” means the Medical Board of California. (b) “Licensed midwife” means an individual to…
- § 2507 (a) The license to practice midwifery authorizes the holder to attend cases of normal pregnancy and childbirth, as defined in paragraph (1) of subdivision (b),…
- § 2508 (a) A licensed midwife shall disclose in oral and written form to a prospective client as part of a client care plan, and obtain informed consent for, all of…
- § 2509 The board shall create and appoint a Midwifery Advisory Council consisting of licensees of the board in good standing, who need not be members of the board,…
- § 2510 If a client is transferred to a hospital, the licensed midwife shall provide records, including prenatal records, and speak with the receiving physician and…
- § 2511 (a) No person, other than one who has been licensed to practice midwifery by the board, shall hold himself or herself out as a licensed midwife, or use any…
- § 2511.5 Each application for licensure as a licensed midwife shall be made upon an online electronic form, or other form, provided by the board, and each application…
- § 2512 The board shall issue a license to practice midwifery to all applicants who meet the requirements of this article and who pay the fee required by Section 2520.
- § 2512.5 A person is qualified for a license to practice midwifery when he or she satisfies one of the following requirements: (a) (1) Successful completion of a…
- § 2513 (a) An approved midwifery education program shall offer the opportunity for students to obtain credit by examination for previous midwifery education and…
- § 2513.5 The Medical Board of California shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of…
- § 2514 (a) Nothing in this chapter shall be construed to prevent a bona fide student from engaging in the practice of midwifery in this state, as part of his or her…
- § 2514.5 (a) Within 60 days following January 1, 1998, the board shall adopt regulations setting forth educational requirements. To develop these regulations, the board…
- § 2515 The board shall approve specific educational programs intended to meet the requirements of subdivision (a) of Section 2512.5 and Section 2514 for the course of…
- § 2515.5 Each applicant shall show by evidence satisfactory to the board that he or she has met the educational standards established by the board pursuant to this…
- § 2516 (a) Each licensed midwife who assists, or supervises a student midwife in assisting, in childbirth that occurs in an out-of-hospital setting shall annually…
- § 2516.5 (a) As used in this section, the following definitions apply: (1) “Midwife assistant” means a person, who may be unlicensed, who performs basic administrative,…
- § 2517 A person who has been convicted of a misdemeanor violation of Section 2052, prior to the effective date of this article, shall not be barred from licensure…
- § 2518 (a) Licenses issued pursuant to this article shall be renewable every two years upon payment of the fee prescribed by Section 2520 and submission of…
- § 2519 The board may suspend, revoke, or place on probation the license of a midwife for any of the following: (a) Unprofessional conduct, which includes, but is not…
- § 2519.5 (a) Any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet both of the following…
- § 2520 (a) (1) The fee to be paid upon the filing of a license application shall be four hundred fifty dollars ($450). (2) For licenses that expire on or after…
- § 2521 Any person who violates this article is guilty of a misdemeanor.
- § 2522 (a) A person whose license has been voluntarily surrendered while under investigation or while charges are pending or whose license has been revoked or…
- § 2523 (a) Except as provided in subdivisions (b) and (c), the board shall revoke the license of any person who has been required to register as a sex offender…
ARTICLE 25. Recommending Medical Cannabis §§ 2525–2525.5 · 6 sections
- § 2525 (a) It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration…
- § 2525.1 The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized…
- § 2525.2 An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California, the California Board of…
- § 2525.3 Recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional…
- § 2525.4 It is unprofessional conduct for any attending physician recommending medical cannabis to be employed by, or enter into any other agreement with, any person or…
- § 2525.5 (a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the…
ARTICLE 26. Athletic Trainers § 2529.8.1 · 1 section
- § 2529.8.1 (a) A person shall not hold themselves out to be an athletic trainer, use the title “athletic trainer,” “certified athletic trainer,” “licensed athletic…