Medicine 2000-2529.8.1Foreign Medical Graduates

Section § 2105

Explanation
If you're a U.S. citizen who went to medical school outside of the U.S., hospitals in California can't make you meet extra requirements to start postgraduate training that U.S. or Canadian graduates don't need to meet. This rule started on January 1, 2020.
(a)CA Business & Professions Code § 2105(a) No hospital licensed by this state, or operated by the state or a political subdivision thereof, or which receives state financial assistance, directly or indirectly, shall require an individual who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, to satisfy any requirements other than those contained in paragraph (3) of subdivision (a) of Section 2065 prior to commencing the postgraduate training which are not required for graduates of approved medical schools located in the United States or Canada.
(b)CA Business & Professions Code § 2105(b) This section shall become operative on January 1, 2020.
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Section § 2111

Explanation

This law allows foreign physicians to do postgraduate study at an approved medical school or academic medical center in California. These doctors, called "visiting fellows," must have a specific appointment and be supervised. They can't practice medicine outside this role, charge for their services, or use this time for state licensure requirements. Their approval lasts up to three years and has to be renewed annually. The medical school's dean or the center's chief officer must approve their appointment. The board can stop the approval if the fellow does something wrong, and they will notify both the fellow and the school of any complaints. If a fellow wants to appeal a termination, they must do so within 30 days. A permit can be canceled if requested by the holder, the sponsoring institution, or if it expires without renewal. U.S. citizens with foreign medical degrees are not excluded from participating in these programs.

(a)CA Business & Professions Code § 2111(a) Physicians who are not citizens but who meet the requirements of subdivision (b) and who seek postgraduate study in an approved medical school or academic medical center may, after receipt of an appointment from the dean of the California medical school, or dean or chief medical officer of an academic medical center, and application to and approval by the board, be permitted to participate in the professional activities of the department or division in the medical school or academic medical center to which they are appointed. The physician shall be under the direction of the head of the department to which the physician is appointed, supervised by the medical center staff of the medical school or academic medical center, and known for these purposes as a “visiting fellow.” The visiting fellow shall wear a visible name tag containing the title “visiting fellow” when the visiting fellow provides clinical services.
(b)Copy CA Business & Professions Code § 2111(b)
(1)Copy CA Business & Professions Code § 2111(b)(1) Application for approval shall be made on a form prescribed by the division and shall be accompanied by a fee fixed by the board in an amount necessary to recover the actual application processing costs of the program. The application shall show that the person does not immediately qualify for a physician’s and surgeon’s certificate under this chapter and that the person has completed at least three years of postgraduate basic residency requirements. The application shall include a written statement of the recruitment procedures followed by the medical school or academic medical center before offering the appointment to the applicant.
(2)CA Business & Professions Code § 2111(b)(2) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for Section 2111 permits, as defined by this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475).
(3)CA Business & Professions Code § 2111(b)(3) Approval shall be granted only for appointment to one medical school or academic medical center, and a physician shall not be granted more than one approval for the same period of time.
(4)CA Business & Professions Code § 2111(b)(4) Approval may be granted for a maximum of three years and shall be renewed annually. The medical school or academic medical center shall submit a request for renewal on a form prescribed by the board, which shall be accompanied by a renewal fee fixed by the board in an amount necessary to recover the actual application processing costs of the program.
(c)CA Business & Professions Code § 2111(c) Except to the extent authorized by this section, the visiting fellow may not engage in the practice of medicine. The visiting fellow or the medical school or academic medical center shall not assess any charge for the medical services provided by the visiting fellow, and the visiting fellow shall not receive any other compensation therefor.
(d)CA Business & Professions Code § 2111(d) The time spent under appointment in a medical school or academic medical center pursuant to this section shall not be used to meet the requirements for licensure.
(e)Copy CA Business & Professions Code § 2111(e)
(1)Copy CA Business & Professions Code § 2111(e)(1) The board shall notify both the visiting fellow and the dean of the appointing medical school or the dean or chief medical officer of the academic medical center of any complaint made about the visiting fellow.
(2)CA Business & Professions Code § 2111(e)(2) The board may terminate its approval of an appointment for any act that would be grounds for discipline if done by a licensee. The board shall provide both the visiting fellow and the dean of the medical school or dean or chief medical officer of the academic medical center with a written notice of termination including the basis for that termination. The visiting fellow may, within 30 days after the date of the notice of termination, file a written appeal to the board. The appeal shall include any documentation the visiting fellow wishes to present to the board.
(f)CA Business & Professions Code § 2111(f) This section shall not preclude any United States citizen who has received a medical degree from a medical school located in a foreign country and recognized by the board from participating in any program established pursuant to this section.
(g)CA Business & Professions Code § 2111(g) A visiting fellow approved pursuant to this section before January 1, 2021, who participates in the professional activities of the department or division in an academic medical center shall be deemed to be appointed to that academic medical center as though the initial application had been sponsored by the academic medical center.
(h)CA Business & Professions Code § 2111(h) As used in this section, “academic medical center” has the same meaning as defined in subdivision (a) of Section 2168.
(i)CA Business & Professions Code § 2111(i) The permit authorized by this section may be canceled in any of the following circumstances:
(1)CA Business & Professions Code § 2111(i)(1) Upon request by the permit holder.
(2)CA Business & Professions Code § 2111(i)(2) Upon request by an authorized representative of the sponsoring facility or institution.
(3)CA Business & Professions Code § 2111(i)(3) By the board after the permit has expired and is no longer eligible for renewal.
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Section § 2112

Explanation

This law allows non-citizen doctors to study advanced medical topics in California hospitals through a fellowship program. To participate, a doctor must apply to and be approved by a board, which requires supervision by a highly qualified and licensed doctor. The fellowship can be renewed annually for up to five years, but no longer. The applicants must also go through a fingerprint-based criminal background check. While these visiting doctors can learn in these programs, they can't practice medicine for pay outside of it. U.S. citizens with foreign medical degrees can also join these programs. A permit for the fellowship can be canceled by request or if the board decides not to renew it.

(a)CA Business & Professions Code § 2112(a) Physicians who are not citizens and who seek postgraduate study, may, after application to and approval by the board, be permitted to participate in a fellowship program in a specialty or subspecialty field, providing the fellowship program is given in a hospital in this state which is approved by the Joint Commission and providing the service is satisfactory to the board. Such physicians shall at all times be under the direction and supervision of a licensed, board-certified physician and surgeon who is recognized as a clearly outstanding specialist in the field in which the foreign fellow is to be trained. The supervisor, as part of the application process, shall submit the supervisor’s curriculum vitae and a protocol of the fellowship program to be completed by the foreign fellow. Approval of the program and supervisor is for a period of one year, but may be renewed annually upon application to and approval by the board. The approval may not be renewed more than four times. The board may determine a fee, based on the cost of operating this program, which shall be paid by the applicant at the time the application is filed.
(b)CA Business & Professions Code § 2112(b) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for Section 2112 permits, as defined by this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475).
(c)CA Business & Professions Code § 2112(c) Except to the extent authorized by this section, no such visiting physician may engage in the practice of medicine or receive compensation therefor. The time spent under appointment in a medical school pursuant to this section may not be used to meet the requirements for licensure.
(d)CA Business & Professions Code § 2112(d) Nothing in this section shall preclude any United States citizen who has received their medical degree from a medical school located in a foreign country from participating in any program established pursuant to this section.
(e)CA Business & Professions Code § 2112(e) The permit authorized by this section may be canceled in the following circumstances:
(1)CA Business & Professions Code § 2112(e)(1) Upon request by the permit holder.
(2)CA Business & Professions Code § 2112(e)(2) Upon request by an authorized representative of the sponsoring facility or institution.
(3)CA Business & Professions Code § 2112(e)(3) By the board after the permit has expired and is no longer eligible for renewal.
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Section § 2113

Explanation

This law allows a person who doesn't immediately qualify for a California medical license to practice medicine if they have a full-time teaching job at an approved medical school or academic medical center. They need a special certificate from the medical board, which is mainly for doing their job duties. To get the certificate, they must meet certain conditions, like having practiced medicine elsewhere for at least four years and submitting a variety of documents. This certificate is temporary, valid for one year but can be renewed twice. However, the certificate holder can't admit patients to certain facilities unless the facility is linked to the medical school. They also can't engage in regular medical practice or bill for medical services without a full license. If an issue arises, the certificate can be revoked, and there's a process for appealing that decision. Finally, the certificate can be canceled by request or if it expires.

(a)CA Business & Professions Code § 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, or dean or chief medical officer of an academic medical center, in this state a full-time faculty position may, after application to and approval by the board, be granted a certificate of registration to engage in the practice of medicine only to the extent that the practice is incident to and a necessary part of that person’s duties as approved by the board in connection with the faculty position. A certificate of registration does not authorize a registrant to admit patients to a nursing or a skilled or assisted living facility unless that facility is formally affiliated with the sponsoring medical school. A clinical fellowship shall not be submitted as a faculty service appointment.
(b)CA Business & Professions Code § 2113(b) Application for a certificate of registration shall be made on a form prescribed by the board and shall be accompanied by a registration fee fixed by the board in an amount necessary to recover the actual application processing costs of the program. To qualify for the certificate, an applicant shall submit all of the following:
(1)CA Business & Professions Code § 2113(b)(1) If the applicant is a graduate of a medical school other than in the United States or Canada, documentary evidence satisfactory to the board that the applicant 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 board, 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.
(2)CA Business & Professions Code § 2113(b)(2) If the applicant is a graduate of a medical school in the United States or Canada, documentary evidence that the medical school is approved by the board.
(3)CA Business & Professions Code § 2113(b)(3) Written certification by the head of the department in which the applicant is to be appointed of all of the following:
(A)CA Business & Professions Code § 2113(b)(3)(A) The applicant will be under the head of the department’s direction.
(B)CA Business & Professions Code § 2113(b)(3)(B) The applicant will not be permitted to practice medicine unless incident to and a necessary part of the applicant’s duties as approved by the board in subdivision (a).
(C)CA Business & Professions Code § 2113(b)(3)(C) The applicant will be accountable to the medical school’s or academic medical center’s chair or division chief for the specialty in which the applicant will practice.
(D)CA Business & Professions Code § 2113(b)(3)(D) The applicant will be proctored in the same manner as other new faculty members, including, as appropriate, review by the medical staff of the sponsoring medical school or academic medical center.
(E)CA Business & Professions Code § 2113(b)(3)(E) The applicant will not be appointed to a supervisory position at the level of a medical school or academic medical center’s department chair or division chief.
(4)CA Business & Professions Code § 2113(b)(4) Demonstration by the dean of the medical school, or dean or chief medical officer or an academic medical center, that the applicant has the requisite qualifications to assume the position to which the applicant is to be appointed and that shall include a written statement of the recruitment procedures followed by the medical school or academic medical center before offering the faculty position to the applicant.
(5)CA Business & Professions Code § 2113(b)(5) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for Section 2113 registration, as defined by this section, to determine whether the applicant has a criminal conviction record in this state or in any other jurisdiction, including foreign countries, pursuant to Section 2042. The Department of Justice shall provide a state- and federal-level response in accordance with subdivision (p) of Section 11105 of the Penal Code for the board to determine whether the applicant is subject to denial of licensure under the provisions of Division 1.5 (commencing with Section 475).
(c)CA Business & Professions Code § 2113(c) A certificate of registration shall be issued only for a faculty position at one approved medical school, or academic medical center, and a person shall not be issued more than one certificate of registration for the same period of time.
(d)Copy CA Business & Professions Code § 2113(d)
(1)Copy CA Business & Professions Code § 2113(d)(1) A certificate of registration is valid for one year from its date of issuance and may be renewed twice.
A request for renewal shall be submitted on a form prescribed by the board and shall be accompanied by a renewal fee fixed by the board in an amount necessary to recover the actual application processing costs of the program.
(2)CA Business & Professions Code § 2113(2) The dean of the medical school, or the dean or chief medical officer of an academic medical center, may request renewal of the registration by submitting a plan at the beginning of the third year of the registrant’s appointment demonstrating the registrant’s continued progress toward licensure and, if the registrant is a graduate of a medical school other than in the United States or Canada, that the registrant has been issued a certificate by the Educational Commission for Foreign Medical Graduates. The board may, in its discretion, extend the registration for a two-year period to facilitate the registrant’s completion of the licensure process.
(e)CA Business & Professions Code § 2113(e) If the registrant is a graduate of a medical school other than in the United States or Canada, the registrant shall meet the requirements of Section 2065 or 2135, as appropriate, in order to obtain a physician’s and surgeon’s certificate. Notwithstanding any other provision of law, the board may accept clinical practice in an appointment pursuant to this section as qualifying time to meet the postgraduate training requirements in Section 2065, and, in its discretion, waive the examination and the Educational Commission for Foreign Medical Graduates certification requirements specified in paragraph (2) of subdivision (a) of Section 2065 in the event the registrant applies for a physician’s and surgeon’s certificate. As a condition to waiving any examination or the Educational Commission for Foreign Medical Graduates certification requirement, the board in its discretion, may require an applicant to pass a clinical competency examination approved by the board. The board shall not waive any examination for an applicant who has not completed at least one year in the faculty position.
(f)CA Business & Professions Code § 2113(f) Except to the extent authorized by this section, the registrant shall not engage in the practice of medicine, bill individually for medical services provided by the registrant, or receive compensation therefor, unless the registrant is issued a physician’s and surgeon’s certificate.
(g)CA Business & Professions Code § 2113(g) When providing clinical services, the registrant shall wear a visible name tag containing the title “visiting professor” or “visiting faculty member,” as appropriate, and the institution at which the services are provided shall obtain a signed statement from each patient to whom the registrant provides services acknowledging that the patient understands that the services are provided by a person who does not hold a physician’s and surgeon’s certificate but who is qualified to participate in a special program as a visiting professor or faculty member.
(h)CA Business & Professions Code § 2113(h) The board shall notify both the registrant and the dean of the medical school, or the dean or chief medical officer of an academic medical center, of a complaint made about the registrant. The board may terminate a registration for any act that would be grounds for discipline if done by a licensee. The board shall provide both the registrant and the dean of the medical school, or the dean or chief medical officer of an academic medical center, with written notice of the termination and the basis for that termination. The registrant may, within 30 days after the date of the notice of termination, file a written appeal to the board. The appeal shall include any documentation the registrant wishes to present to the board.
(i)CA Business & Professions Code § 2113(i) A registrant granted a certificate of registration before January 1, 2021, to engage in the practice of medicine pursuant to this section at an academic medical center shall be deemed to be authorized at that academic medical center as though the initial application had been sponsored by the academic medical center.
(j)CA Business & Professions Code § 2113(j) As used in this section, “academic medical center” has the same meaning as defined in subdivision (a) of Section 2168.
(k)CA Business & Professions Code § 2113(k) The certificate of registration authorized by this section may be canceled in the following circumstances:
(1)CA Business & Professions Code § 2113(k)(1) Upon request by the certificate holder.
(2)CA Business & Professions Code § 2113(k)(2) Upon request by an authorized representative of the sponsoring facility or institution.
(3)CA Business & Professions Code § 2113(k)(3) By the board after the certificate has expired and is no longer eligible for renewal.
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