BILL ANALYSIS
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THIRD READING
Bill No: AB 501
Author: Emmerson (R)
Amended: 7/13/09 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 10-0, 6/29/09
AYES: Negrete McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SENATE APPROPRIATIONS COMMITTEE : 11-0, 7/6/09
AYES: Kehoe, Cox, Corbett, Hancock, Leno, Price, Runner,
Walters, Wolk, Wyland, Yee
NO VOTE RECORDED: Denham, Oropeza
ASSEMBLY FLOOR : 80-0, 5/28/09 - See last page for vote
SUBJECT : Physicians and surgeons
SOURCE : Medical Board of California
DIGEST : This bill authorizes certain persons who are not
licensed physicians and surgeons under the Medical Practice
Act to use the words Doctor or physician, the letters or
prefix "Dr." or the initials "M.D." as specified, and
states that an applicant for a physician's and surgeons'
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. In addition,
this bill requires, no later than January 1, 2012, the
Office of State Audits and Evaluations within the
CONTINUED
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Department of Finance to commence a preliminary review of
the Medical Board of California (MBC's) financial status
and the impact of the loan from the Contingent Fund of the
MBC to the General Fund made pursuant to the Budget Act of
2008.
Senate Floor Amendments of 7/13/09 changes the entity of
who conducts the audit of the Medical Board's of California
(MBC) financial status, and provides that any physician and
surgeon applying for a limited license due to a disability
who knowingly provides false information in their
application shall be subject to any sanctions available to
the MBC.
ANALYSIS :
Existing law:
1. Establishes MBC to license, regulate, and discipline
physicians and surgeons, and specifies that the
protection of the public is the highest priority of MBC.
2. Requires MBC to assess licensure and renewal fees on
physicians and surgeons.
3. Specifies that the initial license fee is $790 and the
biennial renewal fee is $790, and allows MBC to
increase the amount of the license and the biennial
renewal fee under specified conditions.
4. Requires MBC to maintain a reserve in the Contingent
Fund of MBC equal to approximately two months' operating
expenditures.
5. Requires that 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, as
specified, or that he or she is entitled to practice
under the Medical Practice Act, or who represents or
holds himself or herself out as a physician and surgeon,
physician, surgeon, or practitioner, without a valid,
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unrevoked, and unsuspended certificate as a physician
and surgeon under this chapter is guilty of a
misdemeanor.
6. Requires MBC to assess licensure and renewal fees on
physicians and surgeons.
7. Specifies that the initial license fee is $790 and the
biennial renewal fee is $790, and allows MBC to
increase the amount of the license and the biennial
renewal fee in specified conditions.
8. Requires MBC to maintain a reserve in the Contingent
Fund of MBC equal to approximately two months' operating
expenditures.
This bill:
1. Revises existing law allowing specific persons to use
the words "doctor" or physician, the letters of prefix
"Dr." or the initials "M.D." if they have graduated from
a medical school approved or recognized by MBC and are
enrolled in a postgraduate training program approved by
MBC.
2. Allows a graduate of a medical school who does not have
a certificate as a physician and surgeon to use the
designations in item #1) above if all of the following
requirements are met:
A. If issued a license to practice medicine in
another jurisdiction, but 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.
C. Does not engage in any of prohibited acts as
specified.
3. States that an applicant for a physician's and surgeon's
license who is otherwise eligible for that license, but
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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:
A. Pays the initial license fee.
B. Signs an agreement on a form prescribed by MBC,
in which the applicant agrees to limit his/her
practice in a manner prescribed by the reviewing
physician and agreed to by MBC. Provides that any
person who provides false information is subject to
any sanctions available to the MBC.
4. Allows MBC to require the applicant described above to
obtain an independent clinical evaluation of his or her
ability to practice medicine safely as a condition of
receiving a limited license.
5. Requires MBC to fix the licensing fees for physicians
and surgeons, and not to exceed $790.
6. Clarifies the intent of the Legislature that the reserve
that must be maintained by MBC in its Contingent Fund be
in an amount no less than two or nor more than four
months' operating expenditures.
7. Requires, no later than January 1, 2012, the Office of
State Audits and Evaluations (Office) within the
Department of Finance to commence a preliminary review
of MBC's financial status and the impact of the loan
from the Contingent Fund of MBC to the General Fund made
pursuant to the Budget Act of 2008.
8. Requires the Office to make the results of this review
available upon request by June 1, 2012, and requires
this review to be funded from the existing resources of
the Office during the 2011-2012 fiscal year.
Background
Use of the term Doctor or "Dr ." This bill allows a
graduate of a medical school approved or recognized by the
MBC, while enrolled in a postgraduate training program
approved by MBC, or a graduate of a medical school who does
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not have a certificate as a physician and surgeon, if
certain conditions are met, to use the designations Doctor
or "Dr." Current law limits the use of Doctor or "Dr." and
indicates that 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/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 Medical Practice Act, without having
at the time of so doing a valid, unrevoked, and unsuspended
certificate as a physician and surgeon, is guilty of a
misdemeanor. Aside from physician and surgeons, existing
law has created certain limitations on the use of the term
"doctor" or "Dr" for the following practitioners: holders
of a certificate to practice podiatric medicine, holders of
a doctoral degree in physical therapy, naturopathic
doctors, holders of doctoral degree in acupuncture, doctor
of chiropractic medicine, dentists, and optometrists.
Licensure fees . Existing law requires MBC to assess
licensure and renewal fees on physicians and surgeons, and
specifies that the initial license fee is $790 and the
biennial renewal fee is $790. Currently, MBC assesses
physicians and surgeons $830 but effective July 1, 2009,
these fees will go down to $805. This reduction reflects
the elimination of the physician diversion program.
According to the MBC, capping the fees at $790 as provided
in this bill will allow it to lower fees when necessary.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/13/09)
Medical Board of California (source)
Loma Linda University School of Medicine
Stanford School of Medicine
University of California
University of Southern California
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ARGUMENTS IN SUPPORT : According to the Medical Board of
California, the sponsor of this bill, it currently does not
have the authority to issue an initial limited medical
license. MBC states that although it is authorized to
limit a license of an existing licensee, it does not have
that same authority for doctors who come from out of state.
This bill is intended to allow the various individuals who
are not eligible for a full medical license but can
practice safely with a limited license to be issued an
initial limited license. Furthermore, this bill
establishes a cap on the licensing fees and allows MBC to
lower the fees when necessary.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Price, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
JJA:do 7/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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