BILL NUMBER: AB 2386 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2010
AMENDED IN ASSEMBLY APRIL 14, 2010
INTRODUCED BY Assembly Members Gilmore and Cook
FEBRUARY 19, 2010
An act to add and repeal Section 714 to
of the Business and Professions Code, relating
to the Armed Forces.
LEGISLATIVE COUNSEL'S DIGEST
AB 2386, as amended, Gilmore. Armed Forces: medical personnel.
Existing federal law authorizes a health care professional, as
defined, to practice his or her health profession in any state or
territory without licensure by that state if he or she has a current
license to practice the health profession and is performing
authorized duties for the Department of Defense.
Existing state law provides that no board that licenses dentists,
physicians and surgeons, podiatrists, or nurses may require a person
to obtain a California license to practice his or her profession in
this state if the person is employed by, or has a contract with, the
federal government and is rendering services in a facility of the
government or the person is practicing as part of a program or
project conducted by the federal government which, by federal
statute, exempts persons in the program from state licensure, as
specified.
This bill , until January 1, 2016, would
authorize a hospital to enter into an agreement with the Armed Forces
of the United States to authorize a physician and surgeon, physician
assistant, or registered nurse to provide medical care in the
hospital if the health care professional holds a valid license in
good standing in another state or territory, the medical care is
provided as part of a training or educational program designed to
further promote the employment
combat readiness of the health care
professional, and the agreement complies with federal law. The bill
would exempt those health care professionals from licensure or
relicensure by the State of California while practicing under an
agreement .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 714 is added to the Business and Professions
Code, to read:
714. (a) A hospital may enter into an agreement with the Armed
Forces of the United States to authorize a physician and surgeon,
physician assistant, or registered nurse to provide medical care in
the hospital if all of the following apply:
(1) The physician and surgeon, physician assistant, or registered
nurse holds a valid license in good standing to provide medical care
in the District of Columbia or any state or territory of the United
States.
(2) The medical care is provided as part of a training or
educational program designed to further the employment
promote the combat readiness of the physician
and surgeon, physician assistant, or registered nurse.
(3) The agreement complies with Section 1094 of Title 10 of the
United States Code and any regulations or guidelines adopted pursuant
to that section.
(b) If an agreement is entered into pursuant to subdivision (a),
no board under this division that licenses physicians and surgeons,
physician assistants, or registered nurses may require a person under
subdivision (a) to obtain or maintain any license to practice his or
her profession or render services in the State of California.
(c) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.