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AB-2119 Physicians and surgeons.(1989-1990)

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Assembly Bill No. 2119
CHAPTER 652

An act to amend Section 2113 of, and to repeal Section 2114 of, the Business and Professions Code, relating to physicians and surgeons.

[ Filed with Secretary of State  September 22, 1989. Approved by Governor  September 21, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2119, Filante. Physicians and surgeons.
(1)  Existing law authorizes the issuance of a certificate of registration to engage in the practice of medicine to a person meeting specified requirements and who, among other things, is offered a full-time faculty position by the dean of an approved medical school in this state. Existing law provides that the certificate of registration shall be valid for one year after its issuance and during that year authorizes the Division of Licensing of the Board of Medical Quality Assurance to require the person to take the written examination required for the issuance of a physician’s and surgeon’s certificate and if the registrant does not pass the examination the certificate shall be effective for the one-year period and may be renewed for a period not to exceed one year, at the discretion of the division, if the certificate will lapse before the examination may be retaken. Existing law also provides that if the registrant is a graduate of a foreign medical school, he or she is required to meet other specified requirements, including taking the written examination that is required of other applicants for a physician’s and surgeon’s certificate and the division is authorized to waive the examination in certain circumstances.
This bill would provide that if the registrant is not required to take the examination or has passed the examination, the registration may be renewed annually at the discretion of the division for a total period of 5 years and allows the division to condition any renewal on passing that written examination.
This bill would also provide that as a condition to waiving any examination the division may require an applicant to pass the clinical examination required for other applicants for a physician’s and surgeon’s certificate.
(2)  Existing law provides for the issuance of a certificate of registration to engage in the practice of medicine to the extent the practice is a part of a person’s duties in connection with an academic position in a medical school when the person is a physician who is a graduate of a foreign medical school, is a clearly outstanding physician in fields of medicine and surgery and has been offered a full-time academic position in a medical school in this state and there is a great need to fill that position.
This bill would delete that provision.
(3)  This bill would make other technical, nonsubstantive changes.

The people of the State of California do enact as follows:


SECTION 1.

 Section 2113 of the Business and Professions Code is amended to read:

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 medical school in this state a full-time faculty position may, after application to and approval by the Division of Licensing, be granted a certificate of registration to engage in the practice of medicine only to the extent that such practice is incident to and a necessary part of his or her duties as approved by the division in connection with such faculty position.
(b)  To qualify for the certificate an applicant shall meet all the following requirements:
(1)  Furnish documentary evidence satisfactory to the division that the applicant is a United States citizen or is legally admitted to the United States.
(2)  If the applicant is a graduate of a medical school other than in the United States or Canada, furnish documentary evidence satisfactory to the division that he or she has been licensed to practice medicine and surgery for not less than four years in another state or country whose requirements for licensure are satisfactory to the division, or has been engaged in the practice of medicine in the United States for at least four years in approved facilities, or has completed a combination of that licensure and training.
If the applicant is a graduate of an approved medical school in the United States or Canada, furnish documentary evidence that he or she has completed a resident course of professional instruction as required in Section 2089.
(3)   The head of the department in which the applicant is to be appointed shall certify in writing to the division that the applicant will be under his or her direction and will not be permitted to practice medicine unless incident to and a necessary part of the applicant’s duties as approved by the division in subdivision (a).
(4)  Take and pass an oral examination if required by the division.
(c)  A certificate of registration is valid for one year after its issuance. During this period the division may require the registrant to take the written examination required for issuance of a physician’s and surgeon’s certificate. If the registrant is required to take the written examination and does not pass, the certificate of registration shall nevertheless be effective for the one-year period issued and if the effective period of the certificate will lapse before the examination may be retaken, the certificate of registration may be renewed, subject to the discretion of the division, for a period not to exceed one additional year.
If the registrant is not required to take the written examination in order to be issued a certificate of registration or has passed that examination, the certificate of registration may be renewed annually at the discretion of the division for a total period of five years from the date of issuance of the original certificate. The division may condition any renewal on passing the written examination as described in this subdivision.
(d)  If the registrant is a graduate of a medical school other than in the United States or Canada, he or she shall meet the requirements of Section 2101 or 2102, as appropriate, in order to obtain a physician’s and surgeon’s certificate. Notwithstanding any other provision of law, the division may accept practice in an appointment pursuant to this section as qualifying time to meet the postgraduate training requirements in Sections 2101 and 2102, and may, in its discretion, waive the examination requirements specified in Sections 2101 and 2102 in the event the registrant applies for a physician’s and surgeon’s certificate. As a condition to waiving any examination, the division in its discretion, may require an applicant to pass the clinical competency examination referred to in subdivision (d) of Section 2135. The division shall not waive any examination for an applicant who has not completed at least one year in the faculty position.
(e)  Except to the extent authorized by this section, the registrant shall not engage in the practice of medicine or receive compensation therefor, unless he or she is issued a physician’s and surgeon’s certificate.

SEC. 2.

 Section 2114 of the Business and Professions Code is repealed.