The provisions of this chapter insofar as they are substantially the same as provisions relating to the same subject matter of previous medical practice acts shall be construed as restatements and continuations thereof, and not as new enactments.
Medicine 2000-2529.8.1General Provisions
Section § 2030
This law means that if a rule or process in this chapter is almost the same as one from an older medical practice law, it should be viewed as a continuation of the old rule, not a brand new one.
medical practice acts restatements continuations
Section § 2031
This section ensures that if you already have a medical certification from a previous law, your rights under that certification are still valid. However, you'll need to follow the rules set out in the current law when using those rights.
The rights given by any certificate issued under any preceding medical practice act are not affected by the enactment of this chapter, nor by the repeal of any law upon which such rights are based, but such rights shall hereafter be exercised according to the provisions of this chapter.
medical certification rights previous medical practice act enactment impact
Section § 2032
This law defines the term "person" as including individuals, businesses, or organizations, but specifies that only individuals (natural persons) can be given licenses under this specific chapter.
“Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof, except that only natural persons shall be licensed under this chapter.
individual partnership corporation
Section § 2033
The term "professional" here refers to skills and practices in medicine and surgery, and it also covers related fields that fall under the broader category of medicine and surgery.
“Professional” relates to the art and science of medicine and surgery and to such other arts and sciences as may be included within the field of medicine and surgery.
art and science of medicine surgery medical practice
Section § 2034
In this section, 'medical licensing authority' is defined as any official or group from another state whose certificate someone might use to get a reciprocal medical license in California.
“Medical licensing authority” refers to any officer, board, commission, or department of another state upon whose certificate a reciprocity certificate may be issued.
medical licensing authority reciprocity certificate medical license
Section § 2036
This law states that if you need to take a course for a certificate, it must be a 'resident course.' That means classes should take place in-person, covering various types of instruction like classroom work, lab work, hands-on practice, and clinical training, all done while you are physically there. The course should also be taught for the set amount of time required.
Whenever a course of instruction is required for any certificate, it shall be satisfied by a resident course of medical instruction. Whenever a resident course of instruction is mentioned in this chapter, it shall be interpreted to mean classroom, laboratory, practical, and clinical instruction, received and given the person physically present, wherever prescribed as a part of his or her instruction and for the period prescribed for such instruction.
resident course medical instruction certificate requirement
Section § 2037
In California, if any rules mention the need for a certificate from a medical school or hospital, or refer to a medical school or hospital, these institutions must be approved by the Division of Licensing.
Whenever any requirement is provided for any certificate relating to a medical school or hospital, or any reference is made to a medical school or hospital, the medical school and hospital shall be ones approved by the Division of Licensing.
certificate requirement approved medical school approved hospital
Section § 2038
This section explains that in this context, 'diagnose' or 'diagnosis' means any attempt, using any method or tool, to determine if someone has a physical or mental disorder. This includes checking blood pressure and using machines to help with diagnosing, but not devices that measure height or weight.
Whenever the words “diagnose” or “diagnosis” are used in this chapter, they include any undertaking by any method, device, or procedure whatsoever, and whether gratuitous or not, to ascertain or establish whether a person is suffering from any physical or mental disorder. Such terms shall also include the taking of a person’s blood pressure and the use of mechanical devices or machines for the purpose of making a diagnosis and representing to such person any conclusion regarding his or her physical or mental condition. Machines or mechanical devices for measuring or ascertaining height or weight are excluded from this section.
diagnose diagnosis physical disorder
Section § 2039
This law says that any certificates given out by the board must clearly describe what kind of practice is allowed for the person receiving it.
All certificates issued by the board shall state the extent and character of the practice which is permitted.
certificates extent of practice character of practice
Section § 2040
This law says that the words 'license' and 'certificate' mean the same thing in this section of the code.
The terms “license” and “certificate” as used in this chapter are deemed to be synonomous.
license certificate definitions
Section § 2041
This law defines a 'licensee' as a qualified doctor or podiatrist who holds the appropriate certificate and is authorized to practice under a specific regulatory board.
The term “licensee” as used in this chapter means the holder of a physician’s and surgeon’s certificate or doctor of podiatric medicine’s certificate, as the case may be, who is engaged in the professional practice authorized by the certificate under the jurisdiction of the appropriate board.
licensee definition physician's certificate surgeon's certificate
Section § 2042
This law requires that anyone applying for a medical license in California must provide their fingerprints for a background check. The Medical Board will forward these to the Department of Justice, which will check the applicant's criminal history at both the state and federal levels. The cost of processing these fingerprints is covered by the applicant.
Notwithstanding any other law, the Medical Board of California and the Osteopathic Medical Board of California shall require each applicant to furnish to the board a full set of fingerprints for purposes of conducting criminal history record checks. The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state and federal response to the board pursuant to subdivision (p) of Section 11105 of the Penal Code. The Department of Justice shall charge a fee sufficient to cover the cost of processing the fingerprints and response required by this section. The applicant shall be responsible for this
cost.
medical license application fingerprints criminal history check
