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AB-2178 Physicians and surgeons: special faculty permits: academic medical center.(2021-2022)

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Date Published: 09/16/2022 02:00 PM
AB2178:v96#DOCUMENT

Assembly Bill No. 2178
CHAPTER 329

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

[ Approved by Governor  September 15, 2022. Filed with Secretary of State  September 15, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2178, Bloom. Physicians and surgeons: special faculty permits: academic medical center.
Existing law, the Medical Practice Act, generally prohibits the practice of medicine without a physician’s and surgeon’s certificate issued by the Medical Board of California. The Medical Practice Act authorizes a person who meets certain eligibility requirements to apply to the board for a special faculty permit, which authorizes the holder to practice medicine without a physician’s and surgeon’s certificate only within the medical school itself, any affiliated institution of the medical school, or an 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. Existing law defines “academic medical center” for these purposes as a facility that meets certain requirements, including training a minimum of 250 residents and postdoctoral fellows annually, having foreign medical graduates in clinical research, and offering clinical observership training.
This bill would revise the definition of “academic medical center” by instead requiring the facility to train a minimum of 250 resident physicians in specified residencies, by removing the requirement that the research of the foreign medical graduates be clinical, and by requiring the facility to instead offer clinical observer experiences.
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, any affiliated institution of the medical school, or an 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 meeting all of the following requirements:
(A) A 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.
(C) The facility conducts clinical and basic research for the purpose of advancing patient care.
(D) The facility trains a minimum of 250 resident physicians in Accreditation Council for Graduate Medical Education accredited residencies on an annual basis commencing each January 1.
(E) The facility has more than 100 research students or postdoctoral researchers annually.
(F) The facility has foreign medical graduates in research.
(G) The facility offers clinical observer experiences.
(H) The facility is accredited by the Western Association of Schools and Colleges and the Accreditation Council for Graduate Medical Education.
(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 board.