BILL NUMBER: AB 501 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 26, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Emmerson
FEBRUARY 24, 2009
An act to amend Sections 2054 and 2435 of, and to add Section 2088
to, the Business and Professions Code, relating to medicine.
LEGISLATIVE COUNSEL'S DIGEST
AB 501, as amended, Emmerson. Physicians and surgeons.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Existing law makes it a misdemeanor for a person who is
not licensed as a physician and surgeon under the act to
use certain words, letters, and phrases or any other terms that imply
that he or she is authorized to practice medicine as a physician and
surgeon.
This bill would authorize a graduate of an approved medical school
who is enrolled in a postgraduate training program approved by the
board to use certain words, letters, or phrases while under
instruction and under the supervision of a licensed physician and
surgeon at the training program. The bill would also authorize a
graduate of an approved medical school who does not have a valid
certificate as a physician and surgeon issued by the board and who is
not otherwise authorized to practice medicine in this state to use
the initials "M.D." subject to specified conditions.
This bill would authorize certain persons who are not licensed as
physicians and surgeons under the act to use the words "doctor" or
"physician," the letters or prefix "Dr.," or the initials "M.D.," as
specified.
Existing law authorizes the board to issue a probationary license
subject to specified terms and conditions, including restrictions
against engaging in certain types of medical practice. Existing law
authorizes a licensee who demonstrates that he or she is
unable to practice medicine due to a disability to request a waiver
of the license renewal fee. Under existing law, a licensee granted
that waiver is prohibited from practicing medicine until he or she
establishes that the disability no longer exists or signs an
agreement, under penalty of perjury, agreeing to limit his or her
practice in the manner prescribed by the reviewing physician.
This bill would authorize an applicant for a license who is
otherwise eligible for a license but is unable to practice some
aspects of medicine safely due to a disability to receive a limited
license if the applicant pays the license fee and signs an agreement,
under penalty of perjury, agreeing to limit his or her practice in
the manner prescribed by the reviewing physician and agreed to by the
board. By requiring that the agreement be signed under penalty of
perjury, the bill would expand the scope of a crime, thereby imposing
a state-mandated local program. The bill would authorize the board
to require the applicant to obtain an independent clinical evaluation
of his or her ability to practice medicine safely as a condition of
receiving the limited license.
Under existing law, licensees of the board are required to pay
licensure fees, including an initial licensing fee of $790 and a
biennial renewal fee of $790. Existing law authorizes the board to
increase those fees in certain circumstances and states the intent of
the Legislature that, in setting these fees, the board seek to
maintain a reserve in the Contingent Fund of the Medical Board equal
to 2 months' operating expenditures.
This bill would require those fees to be fixed by the board at a
maximum of $790, while retaining the authority of the board to raise
those fees in certain circumstances. The bill would state the intent
of the Legislature that, in setting those fees, the board seek to
maintain a reserve in the Contingent Fund of the Medical Board in an
amount not less than 2 nor more than 4 months' operating
expenditures. The bill would also require the Bureau of State Audits
to commence a review of the board's financial status by January 1,
2012, and to report its findings and recommendations to the Joint
Legislative Audit Committee by June 1, 2012, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2054 of the Business and Professions Code is
amended to read:
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 initials "M.D.," or any
other terms or letters indicating or implying that he or she is a
physician and surgeon, physician, surgeon, or practitioner under the
terms of this or any other law, or that he or she is entitled to
practice hereunder, or who represents or holds himself or herself out
as a physician and surgeon, physician, surgeon, or practitioner
under the terms of this or any other law, without having at the time
of so doing a valid, unrevoked, and unsuspended certificate as a
physician and surgeon under this chapter, is guilty of a misdemeanor.
(b) A holder of a valid, unrevoked, and unsuspended certificate to
practice podiatric medicine may use the phrases "doctor of podiatric
medicine," "doctor of podiatry," and "podiatric doctor," or the
initials "D.P.M.," and shall not be in violation of subdivision (a).
(c) A graduate of an approved medical school who is enrolled in a
postgraduate training program approved by the board may use the words
"doctor" or "physician," the letters or prefix "Dr.," or the
initials "M.D." while under instruction and under the supervision of
a licensed physician and surgeon at that postgraduate training
program, and shall not be in violation of subdivision (a).
(d) Except as provided in subdivision (c), a graduate of an
approved medical school who does not have a valid, unrevoked, and
unsuspended certificate as a physician and surgeon issued under this
chapter and who is not otherwise authorized to practice medicine
under this chapter may use the initials "M.D." without violating
subdivision (a), provided he or she does not do either of the
following:
(1) Imply that he or she is a physician and surgeon, physician,
surgeon, or practitioner under the terms of this chapter, or that he
or she is entitled to practice medicine in this state.
(2) Represent or hold himself or herself out as a physician and
surgeon, physician, surgeon, or practitioner under the terms of this
chapter.
(c) Notwithstanding subdivision (a), any of the following persons
may use the words "doctor" or "physician," the letters or prefix
"Dr.," or the initials "M.D.":
(1) A graduate of a medical school approved or recognized by the
board while enrolled in a postgraduate training program approved by
the board.
(2) A graduate of a medical school who does not have a certificate
as a physician and surgeon under this chapter if he or she meets all
of the following requirements:
(A) If issued a license to practice medicine in another
jurisdiction, has not had that license revoked or suspended by any
jurisdiction.
(B) Does not otherwise hold himself or herself out as a physician
and surgeon entitled to practice medicine in this state except to the
extent authorized by this chapter.
(C) Does not engage in any of the acts prohibited by Section 2060.
(3) A person authorized to practice medicine under Section 2111 or
2113 subject to the limitations set forth in those sections.
SEC. 2. Section 2088 is added to the Business and Professions
Code, to read:
2088. (a) An applicant for a physician's and surgeon's license
who is otherwise eligible for that license but is unable to practice
some aspects of medicine safely due to a disability may receive a
limited license if he or she does both of the following:
(1) Pays the initial license fee.
(2) Signs an agreement on a form prescribed by the board, signed
under penalty of perjury, in which the applicant agrees to limit his
or her practice in the manner prescribed by the reviewing physician
and agreed to by the board.
(b) The board may require the applicant described in subdivision
(a) to obtain an independent clinical evaluation of his or her
ability to practice medicine safely as a condition of receiving a
limited license under this section.
SEC. 3. Section 2435 of the Business and Professions Code is
amended to read:
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, each applicant for a certificate based on
reciprocity, and each applicant for a certificate based upon written
examination, shall pay a nonrefundable application and processing
fee, as set forth in subdivision (b), at the time the application is
filed.
(b) The application and processing fee shall be fixed by the board
by May 1 of each year, to become effective on July 1 of that year.
The fee shall be fixed at an amount necessary to recover the actual
costs of the licensing program as projected for the fiscal year
commencing on the date the fees become effective.
(c) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required
herein, shall pay an initial license fee, if any, in an amount fixed
by the board consistent with this section. The initial license fee
shall not exceed seven hundred ninety dollars ($790). An applicant
enrolled in an approved postgraduate training program shall be
required to pay only 50 percent of the initial license fee.
(d) The biennial renewal fee shall be fixed by the board
consistent with this section and shall not exceed seven hundred
ninety dollars ($790).
(e) Notwithstanding subdivisions (c) and (d), and to ensure that
subdivision (k) of Section 125.3 is revenue neutral with regard to
the board, the board may, by regulation, increase the amount of the
initial license fee and the biennial renewal fee by an amount
required to recover both of the following:
(1) The average amount received by the board during the three
fiscal years immediately preceding July 1, 2006, as reimbursement for
the reasonable costs of investigation and enforcement proceedings
pursuant to Section 125.3.
(2) Any increase in the amount of investigation and enforcement
costs incurred by the board after January 1, 2006, that exceeds the
average costs expended for investigation and enforcement costs during
the three fiscal years immediately preceding July 1, 2006. When
calculating the amount of costs for services for which the board paid
an hourly rate, the board shall use the average number of hours for
which the board paid for those costs over these prior three fiscal
years, multiplied by the hourly rate paid by the board for those
costs as of July 1, 2005. Beginning January 1, 2009, the board shall
instead use the average number of hours for which it paid for those
costs over the three-year period of fiscal years 2005-06, 2006-07,
and 2007-08, multiplied by the hourly rate paid by the board for
those costs as of July 1, 2005. In calculating the increase in the
amount of investigation and enforcement costs, the board shall
include only those costs for which it was eligible to obtain
reimbursement under Section 125.3 and shall not include probation
monitoring costs and disciplinary costs, including those associated
with the citation and fine process and those required to implement
subdivision (b) of Section 12529 of the Government Code.
(f) Notwithstanding Section 163.5, the delinquency fee shall be 10
percent of the biennial renewal fee.
(g) The duplicate certificate and endorsement fees shall each be
fifty dollars ($50), and the certification and letter of good
standing fees shall each be ten dollars ($10).
(h) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Contingent Fund of the Medical Board of California in an
amount not less than two nor more than four months' operating
expenditures.
(i) Not later than January 1, 2012, the Bureau of State Audits
(BSA) shall commence a review of the board's financial status,
including, but not limited to, its projections related to expenses,
revenues, and reserves, and the impact of the loan from the
Contingent Fund of the Medical Board of California to the General
Fund made pursuant to the Budget Act of 2008. The BSA shall, on the
basis of the review, report its findings and recommendations to the
Joint Legislative Audit Committee by June 1, 2012. This review shall
be funded from the existing resources of the board during the 2011-12
fiscal year.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.