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AB-2273 Approvals and certificates of registration: special faculty permits. (2019-2020)

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Date Published: 06/04/2020 04:00 AM
AB2273:v97#DOCUMENT

Amended  IN  Assembly  June 03, 2020
Amended  IN  Assembly  May 18, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2273


Introduced by Assembly Member Bloom

February 14, 2020


An act to amend Sections 2168 and 2168.1 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2273, as amended, Bloom. Approvals and certificates of registration: special faculty permits.
Existing law, the Medical Practice Act, prohibits the practice of medicine without a physician’s and surgeon’s certificate issued by the Medical Board of California through its Division of Licensing. Under existing law, any person who meets certain eligibility requirements, including, but not limited to, the requirement that the person is academically eminent, as defined, may apply for a special faculty permit that authorizes the holder to practice medicine, without a physician’s and surgeon’s certificate, within the medical school itself and certain affiliated institutions.
This bill would also authorize the holder of a special faculty permit to practice medicine at approved an academic medical centers, as defined. center. The bill would define an “academic medical center” to include, but not be limited to, a minimum 750-bed facility licensed by the State of California that trains a minimum of 250 residents and postdoctoral fellows on an annual basis commencing each January 1. The bill would also expand the definition of “academically eminent” to include persons who hold or have been offered a full-time position at an approved academic medical center approved by the Division of Licensing or person who have or persons, clearly outstanding in a specific field of medicine or surgery, and who have been offered a full-time position by the chief medical officer of an approved academic medical center, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 2168 of the Business and Professions Code is amended to read:

2168.
 (a) (1) A special faculty permit authorizes the holder to practice medicine only within the medical school itself, or an approved academic medical center and any affiliated institution in which the permitholder is providing instruction as part of the medical school’s or academic medical center’s educational program and for which the medical school or academic medical center has assumed direct responsibility. The holder of a special faculty permit shall not engage in the practice of medicine except as provided above.
(2) For the purposes of this section, the term “academic medical center” is defined as being all of the following:
(A) A minimum 750-bed facility licensed by the State of California.
(B) The facility conducts both internal and external peer review of the faculty for the purpose of conferral of academic appointments on an ongoing basis of clinical and basic research for the purpose of advancing patient care.
(C) The facility trains a minimum of 250 residents and postdoctoral fellows on an annual basis commencing each January 1.
(D) The facility has more than 100 research students and postdoctoral researchers annually and foreign medical graduates in clinical research and offers clinical observership training.
(b) Time spent in a faculty position under a special faculty permit shall not be counted toward the postgraduate training required for licensure and shall not qualify the holder of the permit for waiver of any written examination required for licensure.
(c) The medical school or academic medical center shall not appoint the holder of a special faculty permit to a position as a division chief or head of a department without express written authorization from the division.

SEC. 2.

 Section 2168.1 of the Business and Professions Code is amended to read:

2168.1.
 (a) Any person who meets all of the following eligibility requirements may apply for a special faculty permit:
(1) Is academically eminent. For purposes of this article, “academically eminent” means the applicant meets either of the following criteria:
(A) The person holds or has been offered a full-time appointment at the level of full professor in a tenure track position, or its equivalent, at an academic medical center, as defined in Section 2168, or a California medical school or approved academic medical center approved by the Division of Licensing.
(B) The person is clearly outstanding in a specific field of medicine or surgery and has been offered by the dean of a medical school or chief medical officer of an approved academic medical center as defined in the May 1991 Hospital Peer Grouping Report by the State Department of Health Care Service Services in this state a full-time academic appointment at the level of full professor or associate professor, and a great need exists to fill that position.
(2) Possesses a current valid license to practice medicine issued by another state, country, or other jurisdiction.
(3) Is not subject to denial under Section 480 or any provision of this chapter.
(4) Pays the fee prescribed for application for, and initial licensure as, a physician and surgeon.
(5) Has not held a position under Section 2113 for a period of two years or more preceding the date of the application. The Division of Licensing may, in its discretion, waive this requirement.
(b) The Division of Licensing shall exercise its discretion in determining whether an applicant satisfies the requirements of paragraph (1) of subdivision (a).
(c) (1) The division shall establish a review committee comprised of two members of the division, one of whom shall be a physician and surgeon and one of whom shall be a public member, and one representative from each of the medical schools in California. The committee shall review and make recommendations to the division regarding the applicants applying pursuant to this section, including those applicants that a medical school proposes to appoint as a division chief or head of a department or as nontenure track faculty.
(2) The representative of the medical school offering the applicant an academic appointment shall not participate in any vote on the recommendation to the division for that applicant.