2050-2079
BUSINESS AND PROFESSIONS CODE
SECTION 2050-2079
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 and surgeon's certificate."
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 beings and to use any and all other
methods in the treatment of diseases, injuries, deformities, and
other physical and mental conditions.
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 or mode of treating the sick or
afflicted in this state, or who diagnoses, treats, operates for, or
prescribes for any ailment, blemish, deformity, disease,
disfigurement, disorder, injury, or other physical or mental
condition of any person, without having at the time of so doing a
valid, unrevoked, or unsuspended certificate as provided in this
chapter or without being authorized to perform the act pursuant to a
certificate obtained in accordance with some other provision of law
is guilty of a public offense, punishable by a fine not exceeding ten
thousand dollars ($10,000), by imprisonment in the state prison, by
imprisonment in a county jail not exceeding one year, or by both the
fine and either imprisonment.
(b) Any person who conspires with or aids or abets another to
commit any act described in subdivision (a) is guilty of a public
offense, subject to the punishment described in that subdivision.
(c) The remedy provided in this section shall not preclude any
other remedy provided by law.
2052.5. (a) The proposed registration program developed pursuant to
subdivision (b) shall provide that, for purposes of the proposed
registration program:
(1) A physician and surgeon practices medicine in this state
across state lines when that person is located outside of this state
but, through the use of any medium, including an electronic medium,
practices or attempts to practice, or advertises or holds himself or
herself out as practicing, any system or mode of treating the sick or
afflicted in this state, or diagnoses, treats, operates for, or
prescribes for any ailment, blemish, deformity, disease,
disfigurement, disorder, injury, or other physical or mental
condition of any person in this state.
(2) A doctor of podiatric medicine practices podiatric medicine in
this state across state lines when that person is located outside of
this state but, through the use of any medium, including an
electronic medium, practices or attempts to practice podiatric
medicine, as defined in Section 2472, in this state.
(3) The proposed registration program shall not apply to any
consultation described in Section 2060.
(b) The board may, at its discretion, develop a proposed
registration program to permit a physician and surgeon, or a doctor
of podiatric medicine, located outside this state to register with
the board to practice medicine or podiatric medicine in this state
across state lines.
(1) The proposed registration program shall include proposed
requirements for registration, including, but not limited to,
licensure in the state or country where the physician and surgeon, or
the doctor of podiatric medicine, resides, and education and
training requirements.
(2) The proposed registration program may also include all of the
following: (A) standards for confidentiality, format, and retention
of medical records, (B) access to medical records by the board, (C)
registration fees, renewal fees, delinquency fees, and replacement
document fees in an amount not to exceed the actual cost of
administering the registration program, and (D) provisions ensuring
that enforcement and consumer education shall be integral parts of
administering the registration program.
(3) The proposed registration program may also provide all of the
following:
(A) All laws, rules, and regulations that govern the practice of
medicine or podiatric medicine in this state, including, but not
limited to, confidentiality and reporting requirements, shall apply
to a physician and surgeon, or a doctor of podiatric medicine, who is
registered by the board to practice medicine or podiatric medicine
in this state across state lines.
(B) The board may deny an application for registration or may
suspend, revoke, or otherwise discipline a registrant for any of the
following: (i) on any ground prescribed by this chapter, (ii) failure
to possess or to maintain a valid license in the state where the
registrant resides, or (iii) if the applicant or registrant is not
licensed by the state or country in which he or she resides, and that
state or country prohibits the practice of medicine or podiatric
medicine from that state or country into any other state or country
without a valid registration or license issued by the state or
country in which the applicant or registrant practices. Action to
deny or discipline a registrant shall be taken in the manner provided
for in this chapter.
(C) Any of the following shall be grounds for discipline of a
registrant: (i) to allow any person to engage in the practice of
medicine or podiatric medicine in this state across state lines under
his or her registration, including, but not limited to, any nurse,
physician assistant, medical assistant, or other person, (ii) to fail
to include his or her registration number on any invoice or other
type of billing statement submitted for care or treatment provided to
a patient located in this state, (iii) to practice medicine or
podiatric medicine in any other state or country without meeting the
legal requirements to practice medicine or podiatric medicine in that
state or country, or (iv) to fail to notify the board, in a manner
prescribed by the board, of any restrictions placed on his or her
medical license, or podiatric medical license, in any state.
(D) A registration issued pursuant to the registration program
shall automatically be suspended upon receipt of a copy, from the
state that issued the license, of the surrender, revocation,
suspension, or other similar type of action taken by another state or
country against a medical license, or podiatric medical license,
issued to a registrant. The board shall notify the registrant in
writing of the suspension and of the registrant's right to a hearing.
(4) Section 2314 shall not apply to the registration program.
(c) This section shall not be construed to authorize the board to
implement a registration program for physicians and surgeons or
doctors of podiatric medicine located outside this state. This
section is intended to authorize the board to develop a proposed
registration program to be authorized for implementation by future
legislation.
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 unless that person does any of the
following:
(1) Conducts surgery or any other procedure on another person that
punctures the skin or harmfully invades the body.
(2) Administers or prescribes X-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled
substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled
substances prescribed by an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition
of any person under circumstances or conditions that cause or create
a risk of great bodily harm, serious physical or mental illness, or
death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Holds out, states, indicates, advertises, or implies to a
client or prospective client that he or she is a physician, a
surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful
under Section 2051 or 2052 pursuant to subdivision (a) shall disclose
in the advertisement that he or she is not licensed by the state as
a healing arts practitioner.
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 following:
(1) Disclose to the client in a written statement using plain
language the following information:
(A) That he or she is not a licensed physician.
(B) That the treatment is alternative or complementary to healing
arts services licensed by the state.
(C) That the services to be provided are not licensed by the
state.
(D) The nature of the services to be provided.
(E) The theory of treatment upon which the services are based.
(F) His or her educational, training, experience, and other
qualifications regarding the services to be provided.
(2) Obtain a written acknowledgment from the client stating that
he or she has been provided with the information described in
paragraph (1). The client shall be provided with a copy of the
written acknowledgement, which shall be maintained by the person
providing the service for three years.
(b) The information required by subdivision (a) shall be provided
in a language that the client understands.
(c) Nothing in this section or in Section 2053.5 shall be
construed to do the following:
(1) Affect the scope of practice of licensed physicians and
surgeons.
(2) Limit the right of any person to seek relief for negligence or
any other civil remedy against a person providing services subject
to the requirements of this section.
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) 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.
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 provisions of this chapter shall be
entitled to use of the initials "M.D."
2056. (a) The purpose of this section is to provide protection
against retaliation for physicians who advocate for medically
appropriate health care for their patients pursuant to Wickline v.
State of California 192 Cal. App. 3d 1630.
(b) It is the public policy of the State of California that a
physician and surgeon be encouraged to advocate for medically
appropriate health care for his or her patients. For purposes of this
section, "to advocate for medically appropriate health care" means
to appeal a payor's decision to deny payment for a service pursuant
to the reasonable grievance or appeal procedure established by a
medical group, independent practice association, preferred provider
organization, foundation, hospital medical staff and governing body,
or payer, or to protest a decision, policy, or practice that the
physician, consistent with that degree of learning and skill
ordinarily possessed by reputable physicians practicing according to
the applicable legal standard of care, reasonably believes impairs
the physician's ability to provide medically appropriate health care
to his or her patients.
(c) The application and rendering by any person of a decision to
terminate an employment or other contractual relationship with, or
otherwise penalize, a physician and surgeon principally for
advocating for medically appropriate health care consistent with that
degree of learning and skill ordinarily possessed by reputable
physicians practicing according to the applicable legal standard of
care violates the public policy of this state. No person shall
terminate, retaliate against, or otherwise penalize a physician and
surgeon for that advocacy, nor shall any person prohibit, restrict,
or in any way discourage a physician and surgeon from communicating
to a patient information in furtherance of medically appropriate
health care.
(d) This section shall not be construed to prohibit a payer from
making a determination not to pay for a particular medical treatment
or service, or to prohibit a medical group, independent practice
association, preferred provider organization, foundation, hospital
medical staff, hospital governing body acting pursuant to Section
809.05, or payer from enforcing reasonable peer review or utilization
review protocols or determining whether a physician has complied
with those protocols.
(e) Medically appropriate health care in a hospital licensed
pursuant to Section 1250 of the Health and Safety Code shall be
defined by the hospital medical staff and approved by the governing
body, consistent with that degree of learning and skill ordinarily
possessed by reputable physicians practicing according to the
applicable legal standard of care.
(f) Nothing in this section shall be construed to prohibit the
governing body of a hospital from taking disciplinary actions against
a physician and surgeon as authorized by Sections 809.05, 809.4, and
809.5.
(g) Nothing in this section shall be construed to prohibit the
Medical Board of California from taking disciplinary actions against
a physician and surgeon under Article 12 (commencing with Section
2220).
(h) For purposes of this section, "person" has the same meaning as
set forth in Section 2032.
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 surgeons or other licensed health care
providers that interfere with any ethical responsibility or legal
right of physicians and surgeons or other licensed health care
providers to discuss with their patients information relevant to
their patients' health care. It is the intent of the Legislature to
guarantee that a physician and surgeon or other licensed health care
provider can communicate freely with, and act as advocate for, his or
her patient.
(b) Health care service plans and their contracting entities shall
not include provisions in their contracts that interfere with the
ability of a physician and surgeon or other licensed health care
provider to communicate with a patient regarding his or her health
care, including, but not limited to, communications regarding
treatment options, alternative plans, or other coverage arrangements.
Nothing in this section shall preclude a contract provision that
provides that a physician and surgeon, or other licensed health care
provider, may not solicit for alternative coverage arrangements for
the primary purpose of securing financial gain.
(c) Any contractual provision inconsistent with this section shall
be void and unenforceable.
(d) For purposes of this section, "licensed health care provider"
means any person licensed or certified pursuant to this division or
licensed pursuant to the Osteopathic Initiative Act or the
Chiropractic Initiative Act.
(e) No communication regarding treatment options shall be
represented or construed to expand or revise the scope of benefits or
covered services under a health care service plan or insurance
contract.
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 construed to prohibit
obtaining a blood specimen by skin puncture for the purpose of
performing blood glucose testing for the purposes of monitoring a
minor child in accordance with paragraph (6) of subdivision (b) of
Section 1241.
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, with a licensed practitioner of this
state, or when an invited guest of the California Medical Association
or the California Podiatric Medical Association, or one of their
component county societies, or of an approved medical or podiatric
medical school or college for the sole purpose of engaging in
professional education through lectures, clinics, or demonstrations,
if he or she is, at the time of the consultation, lecture, or
demonstration a licensed physician and surgeon or a licensed doctor
of podiatric medicine in the state or country in which he or she
resides. This practitioner shall not open an office, appoint a place
to meet patients, receive calls from patients within the limits of
this state, give orders, or have ultimate authority over the care or
primary diagnosis of a patient who is located within this state.
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 relating to the healing arts when such
person is engaged in his or her authorized and licensed practice.
2062. Testing and guidance programs in schools, colleges, and
universities and physical fitness tests given by public and private
agencies in connection with employment or issuance or renewal of
licenses or permits do not constitute the practice of medicine within
the meaning or intent of this chapter.
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, or any other treatment, nor
shall it regulate, prohibit, or apply to any kind of treatment by
prayer, nor interfere in any way with the practice of religion.
2064. Nothing in this chapter shall be construed to prevent a
regularly matriculated student undertaking a course of professional
instruction in an approved medical school, or to prevent a foreign
medical student who is enrolled in an approved medical school and
clinical training program in this state, or to prevent students
enrolled in a program of supervised clinical training under the
direction of an approved medical school pursuant to Section 2104,
from engaging in the practice of medicine whenever and wherever
prescribed as a part of his or her course of study.
2064.1. Notwithstanding the provisions of Section 2064 or any other
provisions of this chapter, a regularly matriculated student
undertaking a course of professional instruction in a medical school
approved by the American Osteopathic Association or the Osteopathic
Medical Board of California is eligible for enrollment in elective
clerkships or preceptorships in any medical school or clinical
training program in this state.
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 this state solely on the basis that
a student is enrolled in an osteopathic medical school.
Any violation of this section or Section 2064.1 may be enjoined in
an action brought in the name of the people of the State of
California by the district attorney of the county in which the
violation occurs, upon receipt of a complaint by an aggrieved
student.
2065. Unless otherwise provided by law, no postgraduate trainee,
intern, resident, postdoctoral fellow, or instructor may engage in
the practice of medicine, or receive compensation therefor, or offer
to engage in the practice of medicine unless he or she holds a valid,
unrevoked, and unsuspended physician's and surgeon's certificate
issued by the board. However, a graduate of an approved medical
school, who is registered with the board and who is enrolled in a
postgraduate training program approved by the board, may engage in
the practice of medicine whenever and wherever required as a part of
the program under the following conditions:
(a) A graduate enrolled in an approved first-year postgraduate
training program may so engage in the practice of medicine for a
period not to exceed one year whenever and wherever required as a
part of the training program, and may receive compensation for that
practice.
(b) A graduate who has completed the first year of postgraduate
training may, in an approved residency or fellowship, engage in the
practice of medicine whenever and wherever required as part of that
residency or fellowship, and may receive compensation for that
practice. The resident or fellow shall qualify for, take, and pass
the next succeeding written examination for licensure, or shall
qualify for and receive a physician's and surgeon's certificate by
one of the other methods specified in this chapter. If the resident
or fellow fails to receive a license to practice medicine under this
chapter within one year from the commencement of the residency or
fellowship or if the board denies his or her application for
licensure, all privileges and exemptions under this section shall
automatically cease.
2066. (a) Nothing in this chapter shall be construed to prohibit a
foreign medical graduate from engaging in the practice of medicine
whenever and wherever required as a part of a clinical service
program under the following conditions:
(1) The clinical service is in a postgraduate training program
approved by the Division of Licensing.
(2) The graduate is registered with the division for the clinical
service.
(b) A graduate may engage in the practice of medicine under this
section until the receipt of his or her physician and surgeon's
certificate. If the graduate fails to pass the examination and
receive a certificate by the completion of the graduate's third year
of postgraduate training or if the division denies his or her
application for licensure, all privileges and exemptions under this
section shall automatically cease.
(c) Nothing in this section shall preclude a foreign medical
graduate from engaging in the practice of medicine under any other
exemption contained in this chapter.
2067. An applicant for a physician's and surgeon's certificate who
is found by the Division of Licensing to be deficient in the
education and clinical instruction required by Sections 2089 and
2089.5 or who is required pursuant to Section 2185 to complete
additional medical instruction may engage in the practice of medicine
in this state in any setting approved by the Division of Licensing
for the period of time prescribed by the Division of Licensing.
2068. This chapter shall not be construed to prohibit any person
from providing nutritional advice or giving advice concerning proper
nutrition. However, this section confers no authority to practice
medicine or surgery or to undertake the prevention, treatment, or
cure of disease, pain, injury, deformity, or physical or mental
conditions or to state that any product might cure any disease,
disorder, or condition in violation of any provision of law.
For purposes of this section the terms "providing nutritional
advice or giving advice concerning proper nutrition" means the giving
of information as to the use and role of food and food ingredients,
including dietary supplements.
Any person in commercial practice providing nutritional advice or
giving advice concerning proper nutrition shall post in an easily
visible and prominent place the following statement in his or her
place of business:
"NOTICE"
"State law allows any person to provide nutritional advice or give
advice concerning proper nutrition--which is the giving of advice as
to the role of food and food ingredients, including dietary
supplements. This state law does NOT confer authority to practice
medicine or to undertake the diagnosis, prevention, treatment, or
cure of any disease, pain, deformity, injury, or physical or mental
condition and specifically does not authorize any person other than
one who is a licensed health practitioner to state that any product
might cure any disease, disorder, or condition."
The notice required by this section shall not be smaller than 8
1/2 inches by 11 inches and shall be legibly printed with lettering
no smaller than 1/2 inch in length, except the lettering of the word
"NOTICE" shall not be smaller than 1 inch in length.
2069. (a) (1) Notwithstanding any other provision of law, a medical
assistant may administer medication only by intradermal,
subcutaneous, or intramuscular injections and perform skin tests and
additional technical supportive services upon the specific
authorization and supervision of a licensed physician and surgeon or
a licensed podiatrist. A medical assistant may also perform all these
tasks and services in a clinic licensed pursuant to subdivision (a)
of Section 1204 of the Health and Safety Code upon the specific
authorization of a physician assistant, a nurse practitioner, or a
nurse-midwife.
(2) The supervising physician and surgeon at a clinic described in
paragraph (1) may, at his or her discretion, in consultation with
the nurse practitioner, nurse-midwife, or physician assistant provide
written instructions to be followed by a medical assistant in the
performance of tasks or supportive services. These written
instructions may provide that the supervisory function for the
medical assistant for these tasks or supportive services may be
delegated to the nurse practitioner, nurse-midwife, or physician
assistant within the standardized procedures or protocol, and that
tasks may be performed when the supervising physician and surgeon is
not onsite, so long as the following apply:
(A) The nurse practitioner or nurse-midwife is functioning
pursuant to standardized procedures, as defined by Section 2725, or
protocol. The standardized procedures or protocol shall be developed
and approved by the supervising physician and surgeon, the nurse
practitioner or nurse-midwife, and the facility administrator or his
or her designee.
(B) The physician assistant is functioning pursuant to regulated
services defined in Section 3502 and is approved to do so by the
supervising physician or surgeon.
(b) As used in this section and Sections 2070 and 2071, the
following definitions shall apply:
(1) "Medical assistant" means a person who may be unlicensed, who
performs basic administrative, clerical, and technical supportive
services in compliance with this section and Section 2070 for a
licensed physician and surgeon or a licensed podiatrist, or group
thereof, for a medical or podiatry corporation, for a physician
assistant, a nurse practitioner, or a nurse-midwife as provided in
subdivision (a), or for a health care service plan, who is at least
18 years of age, and who has had at least the minimum amount of hours
of appropriate training pursuant to standards established by the
Division of Licensing. The medical assistant shall be issued a
certificate by the training institution or instructor indicating
satisfactory completion of the required training. A copy of the
certificate shall be retained as a record by each employer of the
medical assistant.
(2) "Specific authorization" means a specific written order
prepared by the supervising physician and surgeon or the supervising
podiatrist, or the physician assistant, the nurse practitioner, or
the nurse-midwife as provided in subdivision (a), authorizing the
procedures to be performed on a patient, which shall be placed in the
patient's medical record, or a standing order prepared by the
supervising physician and surgeon or the supervising podiatrist, or
the physician assistant, the nurse practitioner, or the nurse-midwife
as provided in subdivision (a), authorizing the procedures to be
performed, the duration of which shall be consistent with accepted
medical practice. A notation of the standing order shall be placed on
the patient's medical record.
(3) "Supervision" means the supervision of procedures authorized
by this section by the following practitioners, within the scope of
their respective practices, who shall be physically present in the
treatment facility during the performance of those procedures:
(A) A licensed physician and surgeon.
(B) A licensed podiatrist.
(C) A physician assistant, nurse practitioner, or nurse-midwife as
provided in subdivision (a).
(4) "Technical supportive services" means simple routine medical
tasks and procedures that may be safely performed by a medical
assistant who has limited training and who functions under the
supervision of a licensed physician and surgeon or a licensed
podiatrist, or a physician assistant, a nurse practitioner, or a
nurse-midwife as provided in subdivision (a).
(c) Nothing in this section shall be construed as authorizing the
licensure of medical assistants. Nothing in this section shall be
construed as authorizing the administration of local anesthetic
agents by a medical assistant. Nothing in this section shall be
construed as authorizing the division to adopt any regulations that
violate the prohibitions on diagnosis or treatment in Section 2052.
(d) Notwithstanding any other provision of law, a medical
assistant may not be employed for inpatient care in a licensed
general acute care hospital as defined in subdivision (a) of Section
1250 of the Health and Safety Code.
(e) Nothing in this section shall be construed as authorizing a
medical assistant to perform any clinical laboratory test or
examination for which he or she is not authorized by Chapter 3
(commencing with Section 1206.5). Nothing in this section shall be
construed as authorizing a nurse practitioner, nurse-midwife, or
physician assistant to be a laboratory director of a clinical
laboratory, as those terms are defined in paragraph (7) of
subdivision (a) of Section 1206 and subdivision (a) of Section 1209.
2070. Notwithstanding any other provision of law, a medical
assistant may perform venipuncture or skin puncture for the purposes
of withdrawing blood upon specific authorization and under the
supervision of a licensed physician and surgeon or a licensed
podiatrist, or a physician assistant, a nurse practitioner, or a
nurse-midwife as provided in subdivision (a) of Section 2069, if
prior thereto the medical assistant has had at least the minimum
amount of hours of appropriate training pursuant to standards
established by the Division of Licensing. The medical assistant shall
be issued a certificate by the training institution or instructor
indicating satisfactory completion of the training required. A copy
of the certificate shall be retained as a record by each employer of
the medical assistant.
2071. The Division of Licensing shall adopt and administer
regulations that establish standards for technical supportive
services that may be performed by a medical assistant. Nothing in
this section shall prohibit the board or division from amending or
repealing regulations covering medical assistants. The board or
division shall, prior to the adoption of any regulations, request
recommendations regarding these standards from appropriate public
agencies, including, but not limited to, the State Board of
Optometry, the Board of Registered Nursing, the Board of Vocational
Nursing and Psychiatric Technicians, the Laboratory Field Services
division of the State Department of Health Services, those divisions
of the State Department of Education that pertain to private
postsecondary education and career and vocational preparation, the
Chancellor of the California Community Colleges, the California Board
of Podiatric Medicine, the Physician Assistant Examining Committee,
and the Physical Therapy Examining Committee. The Division of
Licensing shall also request recommendations regarding these
standards from associations of medical assistants, physicians,
nurses, doctors of podiatric medicine, physician assistants, physical
therapists, laboratory technologists, optometrists, and others as
the board or division finds appropriate, including, but not limited
to, the California Optometric Association, the California Nurses
Association, the California Medical Association, the California
Society of Medical Assistants, the California Medical Assistants'
Association, and the California Chapter of the American Physical
Therapy Association. Nothing in this section shall be construed to
supersede or modify that portion of the Administrative Procedure Act
which relates to the procedure for the adoption of regulations and
which is set forth in Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.
2072. Notwithstanding any other provision of law and subject to the
provisions of the State Civil Service Act, any person who is
licensed to practice medicine in any other state, who meets the
requirements for application set forth in this chapter and who
registers with and is approved by the Division of Licensing, may be
appointed to the medical staff within a state institution and, under
the supervision of a physician and surgeon licensed in this state,
may engage in the practice of medicine on persons under the
jurisdiction of any state institution. Qualified physicians and
surgeons licensed in this state shall not be recruited pursuant to
this section.
No person appointed pursuant to this section shall be employed in
any state institution for a period in excess of two years from the
date the person was first employed, and the appointment shall not be
extended beyond the two-year period. At the end of the two-year
period, the physician shall have been issued a physician's and
surgeon's certificate by the board in order to continue employment.
Until the physician has obtained a physician's and surgeon's
certificate from the board, he or she shall not engage in the
practice of medicine in this state except to the extent expressly
permitted herein.
2073. Notwithstanding any other provision of law, any person who is
licensed to practice medicine in any other state who meets the
requirements for application set forth in this chapter, and who
registers with and is approved by the Division of Licensing, may be
employed on the resident medical staff within a county general
hospital and, under the supervision of a physician and surgeon
licensed in this state, may engage in the practice of medicine on
persons within the county institution. Employment pursuant to this
section is authorized only when an adequate number of qualified
resident physicians cannot be recruited from intern staffs in this
state.
No person appointed pursuant to this section shall be employed in
any county general hospital for a period in excess of two years from
the date the person was first employed, and the employment shall not
be extended beyond the two-year period. At the end of the two-year
period, the physician shall have been issued a physician's and
surgeon's certificate by the board in order to continue as a member
of the resident staff. Until the physician has obtained a physician's
and surgeon's certificate from the board, he or she shall not engage
in the practice of medicine in this state except to the extent
expressly permitted herein.
2074. Nothing in this chapter shall prohibit the employment of a
licensed physician and surgeon practicing in the specialty of
ophthalmology by an optometrist licensed under the provisions of
Chapter 7 (commencing with Section 3000) or by an optometric
corporation certificated under that chapter.
2075. The performance of acupuncture by a certified acupuncturist
or other licentiate legally authorized to practice acupuncture within
his or her scope of practice or a person licensed or certified in
another state to perform acupuncture or other forms of traditional
Asian medicine, alone or in conjunction with other forms of
traditional Asian medicine, when carried on in a program affiliated
with and under the jurisdiction of an approved medical school or
approved acupuncture school, for the primary purpose of scientific
investigation of acupuncture, shall not be in violation of this
chapter, but those procedures shall be carried on only under the
supervision of a licensed physician and surgeon.
Any medical school or approved acupuncture school conducting
research into acupuncture under this section shall report to the
Legislature annually on the fifth legislative day of the regular
session of the Legislature concerning the results of that research,
the suitability of acupuncture as a therapeutic technique, and
performance standards for persons who perform acupuncture.
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 licensure requirements under this act
while practicing medicine in this state if all of the following
conditions are met:
(1) The physician and surgeon has an oral or written agreement
with a sports team to provide general or emergency medical care to
the team members, coaching staff, and families traveling with the
team for a specific sporting event to take place in this state.
(2) Except as provided in Section 2058 or 2060, the physician and
surgeon may not provide care or consultation to any person residing
in this state, other than a person described in paragraph (1).
(b) The exemption shall remain in force while the physician and
surgeon is traveling with the team, but shall be no longer than 10
days per individual sporting event.
(c) The executive director may grant a physician and surgeon
additional time for exemption, up to 20 additional days per sporting
event, upon prior request by the physician and surgeon. The total
number of days a physician may be exempt, including additional time
granted upon request, may not exceed 30 days per sporting event.
(d) A physician and surgeon who is exempt from licensure
requirements under this section is not authorized to practice
medicine at a health care clinic or facility, including an acute care
facility.
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 while practicing medicine in this
state under the following conditions:
(1) The physician and surgeon has been invited by the United
States Olympic Committee to provide medical services at training
sites designated by the olympic training center or to provide medical
services at an event in this state sanctioned by the committee.
(2) The United States Olympic Committee certifies to the board the
name of the physician and surgeon, the state or country of the
applicant's licensure, and the dates within which the applicant has
been invited to provide medical services.
(3) The physician and surgeon's practice is limited to that
required by the United States Olympic Committee. Those medical
services shall be within the area of the physician's and surgeon's
competence and shall only be provided to athletes or team personnel
registered to train at the olympic training center or registered to
compete in an event conducted under the sanction of the United States
Olympic Committee.
(b) The exemption provided in this section shall remain in force
while the holder is providing medical services at the invitation of
the United States Olympic Committee and only during the time
certified to the board, but in no event longer than 90 days.
(c) Notwithstanding any other provision of law, the official team
manager who is responsible for any team member participating in
events at the invitation of the United States Olympic Committee in
California may give consent to the furnishing of hospital, medical,
and surgical care to a minor who is a team member and that consent
shall not be subject to disaffirmance because of minority. The
consent of the parent, or parents, of that person shall not be
necessary in order to authorize hospital, medical, and surgical care.
2077. (a) Notwithstanding any other provision of law, a physician
and surgeon may delegate various orthopaedic medical tasks to
individuals who have completed training as orthopaedic physician
assistants and who are working under the supervision and direction of
a physician and surgeon. Those assistants who perform only those
tasks which may under existing law be so delegated shall not be
required to be licensed as physician assistants under Chapter 7.7
(commencing with Section 3500).
(b) As used in this section, "orthopaedic physician assistant"
means an individual who meets all of the following requirements:
(1) Successful completion of training as an orthopaedic physician
assistant from an approved California orthopaedic physician assistant'
s program in any year between 1971 and 1974, inclusive. As used in
this section, "approved California orthopaedic physician assistant's
program" means an orthopaedic physician assistant's course of
training that has been accredited by the American Medical Association
Council on Medical Education.
(2) Continuous experience as an orthopaedic physician assistant
upon completion of the program described in paragraph (1), which may
include experience in the United States Armed Services.
(3) Successful fulfillment of the certification requirements of
the National Board for Certification of Orthopaedic Physician
Assistants.
(c) Nothing in this section shall authorize any individual to hold
himself or herself out as a licensed physician assistant in
violation of Section 3503.
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, inform the patient in writing if
DMSO has not been approved as a treatment or cure by the Food and
Drug Administration for the disorder for which it is being
prescribed.
(c) If DMSO is prescribed for any purpose other than for those
purposes approved pursuant to Section 111550 of the Health and Safety
Code, informed consent shall first be obtained from the patient.
As used in this subdivision, "informed consent" means the
authorization given by the patient for treatment with DMSO after each
of the following conditions have been satisfied:
(1) The patient is informed verbally, in nontechnical terms, about
all of the following:
(A) A description of treatment procedures to be used in
administering DMSO.
(B) A description of any attendant discomfort and risks to the
patient that can be reasonably expected from treatment with DMSO.
(C) An explanation of any benefits to the patient that can be
reasonably expected.
(D) An explanation of any appropriate alternative procedures,
drugs, or devices that might be advantageous to the patient, and
their relative risks and benefits.
(E) An offer to answer any inquiries concerning the treatment of
the procedures involved.
(2) The patient signs and dates a written consent form
acknowledging that disclosure has been given pursuant to paragraph
(1), and acknowledging consent to treatment with DMSO pursuant to
this section. The patient shall be provided with a copy of the signed
and dated form.
(d) An organized health care system may require that the
administration of DMSO within the organized health care system be
performed pursuant to standardized procedures developed by the
organized health care system through collaboration among
administrators and health professionals.
2079. (a) A physician and surgeon who desires to administer general
anesthesia in the office of a dentist pursuant to Section 1646.9,
shall provide the Medical Board of California with a copy of the
application submitted to the Dental Board of California pursuant to
subdivision (b) of Section 1646.9 and a fee established by the board
not to exceed the costs of processing the application as provided in
this section.
(b) The Medical Board of California shall review the information
submitted and take action as follows:
(1) Inform the Dental Board of California whether the physician
and surgeon has a current license in good standing to practice
medicine in this state.
(2) Verify whether the applicant has successfully completed a
postgraduate residency training program in anesthesiology and whether
the program has been recognized by the American Council on Graduate
Medical Education.
(3) Inform the Dental Board of California whether the Medical
Board of California has determined that the applicant has
successfully completed the postgraduate residency training program in
anesthesiology recognized by the American Council on Graduate
Medicine.