Section § 850

Explanation

This law states that boards or committees responsible for licensing healthcare professionals can't force applicants to join or be approved by any private organizations unless it's specifically allowed in this article.

No healing arts licensing board or examining committee under the Department of Consumer Affairs shall by regulation require an applicant for licensure or certification to be a member of, to be certified by, to be eligible to be certified or registered by, or otherwise meet the standards of a specified private voluntary association or professional society except as provided for in this article.

Section § 850.1

Explanation

This law prevents California's healing arts boards from denying, suspending, or disciplining a health care practitioner's license because of a civil judgment, criminal conviction, or disciplinary action from another state if it was based solely on that state's law interfering with providing sensitive services. These services must be lawful in California, even if the patient was located elsewhere. However, if the action in question would also constitute a violation under California law, this protection does not apply.

The term 'healing arts board' refers to any licensing board or committee under the Department of Consumer Affairs, and 'sensitive services' aligns with the definition found in another section of California's Civil Code.

(a)CA Business & Professions Code § 850.1(a) A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state, regardless of the patient’s location.
(b)CA Business & Professions Code § 850.1(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)CA Business & Professions Code § 850.1(c) For purposes of this section:
(1)CA Business & Professions Code § 850.1(c)(1) “Healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2)CA Business & Professions Code § 850.1(c)(2) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code.

Section § 850.1

Explanation

This law ensures that if a health care professional in California faces a civil judgment, criminal conviction, or disciplinary action in another state simply because they provided a service that's legal in California, they won’t be penalized here. In other words, if they do nothing more than deliver healthcare services that California allows, they won't lose their license or face discipline here just because those services are restricted elsewhere. However, if the conduct would also be illegal under California law, they could still face consequences. The law clarifies that a 'healing arts board' refers to any licensure board within California’s Department of Consumer Affairs, and 'sensitive services' refers to certain protected services detailed elsewhere in the law.

(a)CA Business & Professions Code § 850.1(a) A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state, regardless of the patient’s location.
(b)CA Business & Professions Code § 850.1(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)CA Business & Professions Code § 850.1(c) For purposes of this section:
(1)CA Business & Professions Code § 850.1(c)(1) “Healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2)CA Business & Professions Code § 850.1(c)(2) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code.

Section § 850.2

Explanation

This law requires health professionals in California who renew their licenses or registrations online to provide their individual National Provider Identifier (NPI) if they have one. The law applies to any board that licenses or certifies health professionals through the Department of Consumer Affairs. Importantly, failing to comply with this requirement doesn't count as a crime.

(a)CA Business & Professions Code § 850.2(a) For purposes of this section, “healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(b)CA Business & Professions Code § 850.2(b) A healing arts board shall require a licensee or registrant who electronically renews their license or registration to provide to that board the licensee’s or registrant’s individual National Provider Identifier, if they have one.
(c)CA Business & Professions Code § 850.2(c) A violation of this section shall not constitute a crime.

Section § 850.3

Explanation

This law makes it clear that no criminal, civil, or professional action can be taken against people licensed by a healing arts board in California for activities related to mifepristone or any medication used for abortion, as long as these activities are legal in the state. Additionally, the law prohibits any disciplinary action or license denial against healthcare providers based solely on similar actions that were disciplined in other states, if those actions are legal in California. Essentially, it protects licensed professionals from punitive measures for being involved with these medications when such involvement is lawful under California law.

(a)CA Business & Professions Code § 850.3(a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local officer shall not commence a criminal, civil, professional discipline, or licensing action against an individual licensed or certified by a healing arts board concerning the manufacture, transport, distribution, delivery, receipt, acquisition, sale, possession, furnishment, dispensation, repackaging, or storage of brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(b)CA Business & Professions Code § 850.3(b) A healing arts board shall not suspend a license, revoke a license, or otherwise take disciplinary action against a licensee solely on the basis that the licensee manufactured, transported, distributed, delivered, received, acquired, sold, possessed, furnished, dispensed, repackaged, or stored brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(c)CA Business & Professions Code § 850.3(c) A healing arts board shall not deny an application for licensure, or suspend a license, revoke a license, or otherwise impose discipline upon a licensee or health care practitioner subject to this division solely because the licensee or practitioner was convicted or disciplined in another state solely for an activity related to brand name or generic mifepristone or any drug used for medication abortion that, if performed in this state, would not be grounds for denial, suspension, revocation, or other discipline.

Section § 851

Explanation

This law allows certain boards responsible for licensing healthcare professionals to require applicants to meet the standards set by specific private associations or groups if there are legal grounds to do so. The boards can either be instructed by law to use these standards or choose to adopt them through a public process if they're in line with current regulations. Additionally, the boards might require applicants to pass an exam from these private organizations. However, this rule does not enable the Medical Board of California to restrict doctors' licenses based on their specialties.

A healing arts licensure board or examining committee may by regulation require an applicant for licensure or certification to meet the standards of a specified private voluntary association or professional society when either of the following conditions is met:
(a)CA Business & Professions Code § 851(a) There is direct statutory authority or requirement that the board or examining committee utilize the standards of the specified private voluntary association or professional society; or
(b)CA Business & Professions Code § 851(b) The board or examining committee specifies in the regulation the amount of education, training, experience, examinations, or other requirements of the private voluntary association or professional society, which standards shall be consistent with the provisions of law regulating such licensees, and the board or examining committee adopts such standards in public hearing. The board or examining committee may, by regulation, require an applicant to successfully complete an examination conducted by or created by a relevant national certification association, testing firm, private voluntary association, or professional society.
Nothing in this section authorizes the Medical Board of California to limit the licensure of physicians and surgeons by specialty.

Section § 852

Explanation

If a licensed healthcare provider in California offers, recommends, or performs a health care service that is legally protected in California but illegal in a patient's home state, this action alone does not count as professional misconduct. They won't lose their license or face penalties just because the service is illegal in the patient's state.

The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.

Section § 854

Explanation

This law section clarifies that the criteria used to grant temporary three-year licenses for medical and dental practice cannot be used as the standard for obtaining a permanent license to practice in California.

Criteria for issuing three-year nonrenewable medical licenses and dental permits under this article shall not be utilized at any time as the standard for issuing a license to practice medicine or a permit to practice dentistry in California on a permanent basis.

Section § 855

Explanation

This law establishes a pilot program for up to 70 international medical graduates (IMGs) who have passed their U.S. medical license exam on the first try, worked in certain medical roles for at least three years, and are California residents familiar with non-English speaking and diverse cultures. If not enough candidates meet these criteria, those who passed on subsequent tries can apply after taking an additional test. Participants must graduate from a recognized school and undergo a three-year process including language and cultural fluency requirements, a six-month orientation, and a one-year residency. IMGs then work in underserved areas for up to three years. Satisfactory completion may lead to a full medical license. The program requires oversight and must secure funding before proceeding.

(a)CA Business & Professions Code § 855(a) Up to 70 international medical graduates who have passed their United States medical license examination on the first attempt and who have been working in the medical field in the capacity of a medical assistant, a nurse practitioner, a nurse-midwife, a physician assistant, a dental hygienist, or a quality assurance and peer review specialist for not less than three years, shall be selected to participate in a pilot program. Preference shall be given to international medical graduates who are residents of California, have experience working in communities whose language is other than English and whose culture is not from the dominant society, and have a proven level of literacy in the foreign language of a medically underserved community.
(b)CA Business & Professions Code § 855(b) If there are not 70 international medical graduates who meet the criteria of subdivision (a), the remaining openings may be filled by participants who have passed the United States medical license examination on two or more attempts, have been working in the medical field in the capacity of a medical assistant, a nurse practitioner, a nurse-midwife, a physician assistant, a dental hygienist, or a quality assurance and peer review specialist for not less than three years, and who pass an additional test to be determined by the medical facility and the medical school participating in the pilot program. Preference shall be given to international medical graduates who are residents of California, have experience working in communities whose language is other than English and whose culture is not from the dominant society, and have a proven level of literacy in the foreign language of a medically underserved community.
(c)CA Business & Professions Code § 855(c) An international medical graduate shall not be eligible for this program if he or she has not graduated from a school in good standing that is recognized by the Medical Board of California.
(d)CA Business & Professions Code § 855(d) Upon selection for the pilot program, participants may submit an application to the International Medical Graduate Liaison of the Medical Board of California’s Division of Licensing, with the appropriate fee, to initiate the medical licensing review process, providing the participant time to remediate any deficiency during the three-year international medical graduates pilot program.
(e)CA Business & Professions Code § 855(e) All program participants shall be required to have the foreign language fluency and the cultural knowledge necessary to serve the non-English-speaking community at the nonprofit community health center where they practice.
(f)CA Business & Professions Code § 855(f) The Medical Board of California shall issue an applicant status letter to participating and qualifying international medical graduates.
(g)CA Business & Professions Code § 855(g) International medical graduates shall be required to participate and satisfactorily complete a six-month orientation program that will address medical protocol, community clinic history and operations, medical administration, hospital operations and protocol, medical ethics, the California medical delivery system, health maintenance organizations and managed care practices, and pharmacology differences. International medical graduates who have passed the Educational Commission for Foreign Medical Graduates (ECFMG) language exam shall not be required to be enrolled in English language classes. However, if a participating international medical graduate has not passed the ECFMG language exam, he or she shall be enrolled in English language acquisition classes until he or she obtains a level of English language proficiency equivalent to the ECFMG language exam.
(h)Copy CA Business & Professions Code § 855(h)
(1)Copy CA Business & Professions Code § 855(h)(1) Upon satisfactorily completing the orientation program and the one-year residency training program, international medical graduates shall be selected by nonprofit community health centers to work in nonprofit community health centers and disproportionate share hospitals whose service areas include federally designated Health Professional Shortage Areas, Dental Professional Shortage Areas, Medically Underserved Areas, and Medically Underserved Populations for a period not to exceed three years.
(2)CA Business & Professions Code § 855(h)(2) There shall be two residency programs operated under the auspices of a medical school in good standing, with one in southern California and one in northern California. These residency programs shall be in family practice, internal medicine, or obstetrics and gynecology.
(3)CA Business & Professions Code § 855(h)(3) After successfully completing the one-year residency program, the training institution for the one-year residency program for international medical graduates may transfer the program participant into an approved residency program.
(i)Copy CA Business & Professions Code § 855(i)
(1)Copy CA Business & Professions Code § 855(i)(1) All program participants shall be required to satisfy the medical curriculum requirements of Section 2089, the clinical instruction requirements of Section 2089.5, and the examination requirements of Section 2170 prior to being admitted into an approved residency program.
(2)CA Business & Professions Code § 855(i)(2) Those international medical graduates who are transferred into an approved residency program shall be required to work in nonprofit community health centers or disproportionate share hospitals whose service areas include federally designated Health Professional Shortage Areas, Dental Professional Shortage Areas, Medically Underserved Areas, and Medically Underserved Populations for not less than three years after being fully licensed.
(j)CA Business & Professions Code § 855(j) For individuals in this program as specified in this section, the applicant status letter shall be deemed a license in good standing pursuant to the provisions of this article for the purpose of participation and reimbursement in all federal, state, and local health programs, including managed care organizations and health maintenance organizations.
(k)Copy CA Business & Professions Code § 855(k)
(1)Copy CA Business & Professions Code § 855(k)(1) The Director of General Medical Education or an equivalent position in the training institution of the one-year residency program for international medical graduates shall have the authority to make a recommendation to the Medical Board of California for the full medical licensure of an international medical graduate who has successfully completed the one-year residency program if the director believes, based on the performance and competency of the international medical graduate, that the international medical graduate should be fully licensed.
(2)CA Business & Professions Code § 855(k)(2) After reviewing the recommendation for full licensure from the director, the Medical Board of California shall have the authority to issue a permanent license to practice medicine in this state to the international medical graduate.
(l)CA Business & Professions Code § 855(l) If an international medical graduate desires to secure a permanent license to practice medicine from the board, he or she shall, among other things, be required to be admitted into an approved residency program.
(m)CA Business & Professions Code § 855(m) The Medical Board of California, in consultation with medical schools located in California, executive and medical directors of nonprofit community health centers, and with hospital administrators, shall provide oversight review of the implementation of this program. The Medical Board of California shall ensure that funding proposals by appropriate institutions to implement these provisions meet the necessary funding thresholds to fulfill the intent of this program. Implementation of this program may not proceed unless appropriate funding is secured. The Medical Board of California shall report to the Legislature every January the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions.

Section § 856

Explanation
If you're a professional who needs to complete continuing education to renew your license in California, you can use some of that time to learn or teach CPR and AED skills. Specifically, once per renewal period, you can count one education unit for a CPR or AED instructor course from recognized programs like the American Heart Association or the Red Cross. Additionally, you can count up to two education units for teaching CPR or AED classes to school or college employees. However, your licensing board must allow these courses to count toward your continuing education. In this context, a 'unit' refers to measurement like hours or credits.
(a)Copy CA Business & Professions Code § 856(a)
(1)Copy CA Business & Professions Code § 856(a)(1) A person licensed pursuant to this division who is required to complete continuing education units as a condition of renewing his or her license may, once per renewal cycle, apply one unit of continuing education credit, pursuant to paragraph (2), towards that requirement for attending a course that results in the licensee becoming a certified instructor of cardiopulmonary resuscitation (CPR) or the proper use of an automated external defibrillator (AED).
(2)CA Business & Professions Code § 856(a)(2) A licensee may only apply continuing education credit for attending one of the following courses:
(A)CA Business & Professions Code § 856(a)(2)(A) An instructional program developed by the American Heart Association.
(B)CA Business & Professions Code § 856(a)(2)(B) An instructional program developed by the American Red Cross.
(C)CA Business & Professions Code § 856(a)(2)(C) An instructional program that is nationally recognized and based on the most current national evidence-based emergency cardiovascular care guidelines for the performance of CPR and the use of an AED.
(b)CA Business & Professions Code § 856(b) A person licensed pursuant to this division who is required to complete continuing education units as a condition of renewing his or her license may, once per renewal cycle, apply up to two units of continuing education credit towards that requirement for conducting CPR or AED training sessions for employees of school districts and community college districts in the state.
(c)CA Business & Professions Code § 856(c) For purposes of this section, “unit” means any measurement for continuing education, such as hours or course credits.
(d)CA Business & Professions Code § 856(d) This section shall only apply to a person licensed under this division if the applicable licensing board’s laws or regulations establishing continuing education requirements include the courses or activities described in subdivisions (a) and (b).