Medicine 2000-2529.8.1License Required and Exemptions
Section § 2050
Section § 2051
This law allows a licensed physician and surgeon to treat people medically. Specifically, it gives them permission to prescribe medications, perform surgeries, and use various techniques to address physical and mental health issues, including diseases and injuries.
Section § 2052
If someone tries to practice medicine or claim they can treat people without a proper and current license, they can be fined up to $10,000, jailed for up to a year, or both. Helping someone else do this is also against the law and subject to the same penalties. This section doesn't stop other legal actions from being taken as well.
Section § 2052.5
This law allows doctors licensed in other states to provide telehealth services to California patients with life-threatening conditions if certain conditions are met. Patients must give informed consent, can't join nearby clinical trials, and need a note from their primary doctor confirming eligibility. Out-of-state doctors must be in good standing and specialize in the patient's illness. Telehealth services can only be provided if these criteria are satisfied.
Section § 2053.5
This law outlines specific actions that are prohibited for someone who is not licensed as a healing arts practitioner in California, even if they meet certain legal criteria. These prohibited actions include performing surgery, using X-rays, prescribing certain drugs, misrepresenting themselves as a doctor, and performing treatments that pose serious health risks. If someone advertises services legally without a license, they must clearly state in their advertisements that they are not licensed by the state as a healing arts practitioner.
Section § 2053.6
This law requires anyone providing alternative or complementary healing services, who isn't a licensed doctor, to tell clients that they're not a licensed physician and that their treatments are not state-licensed. The service provider must explain the kind of services they offer, the treatment theory, and their qualifications using plain language. They also have to get the client's written acknowledgment of this information, which must be kept on file for three years. The information should be in a language the client understands. This law doesn't change what licensed doctors can do and doesn't stop people from pursuing legal action for negligence against service providers.
Section § 2054
This law states that it's illegal for someone to present themselves as a doctor or physician, using titles like 'Dr.', 'M.D.', or 'D.O.', without having a valid medical license. However, there are exceptions. Medical graduates in approved training can use these titles, as can certain graduates without a certificate if they follow specific rules and don't mislead about being licensed. Others who can use these titles are those authorized under specific medical sections, holders of current licenses when allowed by related acts, and people whose use doesn't wrongly suggest they're licensed doctors.
Section § 2055
If you have a doctor's license from the Medical Board of California, you can officially use the initials 'M.D.' after your name.
Section § 2056
This law aims to protect doctors from being punished for advocating for their patients' proper medical care. It encourages doctors to challenge decisions denying healthcare services and to voice concerns about policies that might harm patient care. Doctors should not face job loss or penalties for speaking up for medically appropriate treatments. However, insurance companies are still allowed to decide not to pay for certain treatments, and hospitals or medical groups can enforce review processes to ensure doctors follow standards. Also, hospitals and the Medical Board can still discipline doctors if needed for other reasons.
Section § 2056.1
This law protects the rights of doctors and other licensed health care providers to openly discuss all relevant health care information with their patients. Health care plans cannot have contract terms that stop doctors from talking about all possible treatments, options, and coverage plans. It's okay for contracts to say doctors can't push for different coverage just to make money. If any contract terms do restrict open communication, they are not valid. This right to communicate doesn't change what services a health plan must cover. The term 'licensed health care provider' includes any professional licensed under specific health acts.
Section § 2058
This law section clarifies that in California, certain activities are not restricted by the chapter it belongs to. Specifically, it allows people to provide needed help in emergencies or use home remedies for family care. It also permits collecting blood through a simple skin prick to check blood sugar levels for a child, as long as it follows specific rules.
Section § 2060
This law says that a medical professional from outside California can consult with a licensed California practitioner or participate in educational events like lectures, as long as they follow certain rules. However, they cannot set up an office, see patients, or provide medical care to patients in California during their visit. They must be licensed in their own state or country.
Section § 2061
This law ensures that the rules in this chapter don't stop people who are licensed or certified in other healing professions from practicing their skills as they're allowed by law. It basically says that if someone is legally permitted to do their type of healing work, they're free to keep doing it.
Section § 2062
This law clarifies that conducting tests or guidance in educational institutions, or physical fitness tests related to jobs or licenses, is not considered practicing medicine.
Section § 2063
This law essentially states that no part of this chapter should be interpreted to favor or discriminate against different types of medical schools, podiatric medicine, or treatments. It also clarifies that the law does not control, forbid, or apply to treatments done through prayer or religious practices.
Section § 2064
This law allows medical students, whether from the U.S. or abroad, who are studying at an approved medical school in California, to practice medicine as part of their coursework. This rule became effective on January 1, 2020.
Section § 2064.1
This law allows students who are enrolled and taking classes in a medical school that's approved by the American Osteopathic Association or the Osteopathic Medical Board of California to participate in elective clerkships or preceptorships at any medical school or clinical training program within the state.
Section § 2064.2
This law says that medical schools and clinical training programs in California cannot refuse to let students from osteopathic medical schools participate in elective training opportunities just because of their school's focus. If a program breaks this rule, the county's district attorney can take legal action on behalf of a student who files a complaint about this unfair treatment.
Section § 2064.3
This law states that students who qualify for admission to a medical degree program at a college or university cannot be denied entry because of their citizenship or immigration status. This protection includes students without legal immigration status and those exempt from nonresident tuition. However, the rule does not cover certain individuals excluded under federal immigration laws, except those with a specific immigration status under sections dealing with victims of trafficking or crimes.
Section § 2064.4
This law ensures that students who qualify for unpaid healing arts residency training programs in California cannot be denied admission based on their citizenship or immigration status. However, there are exceptions for certain individuals who have a specific immigration status, according to federal immigration law. Those exceptions include individuals with special statuses like victims of human trafficking (T visa) and some crime victims (U visa).
Section § 2064.5
This law outlines the requirements for medical school graduates in California to obtain a physician's and surgeon's postgraduate training license within 180 days of starting a board-approved training program. Applicants must submit an application with verified information, proof of education, and fingerprints, and pay a fee. The license is valid for 36 months, allowing practice under specific conditions related to their internship or residency. Graduates must maintain compliance with background checks and may face discipline if warranted. If an applicant does not meet these conditions, the privileges under this license cease. Additionally, graduates with previous authorization may receive licenses under specified conditions, with unfulfilled files confidentially destroyed.
Section § 2064.6
If a postgraduate training license was set to expire between June 2, 2023, and December 31, 2023, the expiration date is automatically extended to March 31, 2024.
Section § 2064.7
The board can refuse to issue a postgraduate training license if the applicant has been engaged in unprofessional conduct or if there's a reason they could have their license revoked or suspended. Instead, a probationary license could be issued with conditions like restricted practice, limited drug prescribing, mandatory treatment, or rehab programs. Probation details must be publicly disclosed and posted online during its term. An applicant on probation can ask for changes to the terms after a year. Anyone required to register as a sex offender cannot get a license unless the offense was a specific misdemeanor. Reapplication after a denial is usually not allowed for three years, but exceptions can be made for good reasons after a year. This law became effective on January 1, 2020.
Section § 2064.8
This law allows the licensing board to issue a postgraduate training license to applicants who have committed minor violations, if the board believes these violations aren't severe enough to deny the license or place the applicant on probation. Alongside the license, a public letter of reprimand could be issued, which might require completing board-approved educational courses. This reprimand will be removed from records after three years. The reprimand is also publicly accessible on the board's website until it's purged. This does not limit the board's ability to issue unrestricted licenses and has been in effect since January 1, 2020.
Section § 2065
This law explains that medical graduates need a license to practice medicine in California, but with exceptions for postgraduate training. To work during training, a graduate must have passed licensing exams, and if from a foreign school, must be certified by a specific medical certification authority. They must also be enrolled in a training program that meets board standards. Some flexibility is allowed for foreign graduates joining short rotations in local programs, but they can't stay more than 90 days without a special license. Directors of these programs must report to the board if a trainee's status changes, such as if they leave or extend their training. The board can grant a license if the applicant shows they've met training requirements or has special circumstances, and American or Canadian graduates must get their license quickly after starting a California program to retain their training privileges.
Section § 2066.5
This section establishes UCLA's International Medical Graduate Program, allowing foreign medical graduates to practice medicine as part of their training. The program is optional for UCLA and offers hands-on clinical instruction to selected international medical graduates (IMGs). To qualify, participants must graduate from a recognized medical school, pass certain exams, and apply through the appropriate body. Clinical training is conducted at UCLA facilities or approved sites, typically lasting up to 16 weeks, with a possible extension to 24 weeks. Licensed UCLA faculty supervise the trainees, with regular evaluations documented. UCLA must provide participant information to the board annually or as needed.
Section § 2068
This law allows anyone to give advice about nutrition, like how to use food and dietary supplements, but it doesn't let them act as a doctor or claim that food products can heal diseases or health conditions. If you're giving this kind of advice as a business, you have to put up a clear notice that says you are not a licensed health practitioner and can't make medical claims. This notice must be large enough to read easily, with the word 'NOTICE' very prominent.
Section § 2069
This law allows medical assistants to give certain injections and perform skin tests if they are authorized and supervised by a doctor, podiatrist, nurse practitioner, certified nurse-midwife, or physician assistant. They can do these tasks using written instructions even if the overseeing doctor isn't present, as long as the nurse or physician assistant is operating under approved procedures. Medical assistants must be trained and certified but are not licensed. They can't administer local anesthetics or do lab tests. Also, they can't work in general hospitals for inpatient care. They can only hand out prepackaged drugs if verified by a licensed professional.
Section § 2070
This section allows medical assistants to draw blood, but only if they have specific training and are supervised by a licensed physician, podiatrist, or other specified healthcare professional. Medical assistants must complete a certain number of training hours as set by licensing standards and receive a certificate proving their training. Employers must keep a copy of this certificate on record.
Section § 2071
This law requires the board to set rules for what medical assistants can do, making sure to get input from various health-related agencies and professional associations before making these rules official. It also clarifies that these rules can change and must be made according to California's existing rule-making procedures.
Section § 2074
This law says that optometrists and optometric corporations can hire ophthalmologists, who are doctors specializing in eye care, without any legal issues.
Section § 2075
This law allows certified acupuncturists or those licensed in other states to conduct acupuncture as part of a research program at an approved medical or acupuncture school. However, a licensed physician must supervise these procedures. Additionally, schools conducting this research must report annually to the Legislature about their findings, including the effectiveness and standards of acupuncture as a therapeutic method.
Section § 2076
Section § 2076.5
This law allows doctors from other states or countries to temporarily practice medicine in California without a license if they are invited by the United States Olympic Committee. These doctors can only offer medical services to athletes or team personnel connected to Olympic events, and only under specific conditions certified by the Committee. Such practice is limited to 90 days. Additionally, a team manager can consent to medical care for minor athletes without needing parental consent.
Section § 2077
This law allows physicians and surgeons to delegate orthopaedic medical tasks to trained orthopaedic physician assistants without needing them to be licensed as regular physician assistants. These assistants must have completed a specific program in California between 1971 and 1974, have relevant continuous experience, and meet certification requirements. The law ensures these individuals cannot falsely represent themselves as licensed physician assistants.
Section § 2078
This law specifies rules for doctors using DMSO, a chemical, in treatments. Before a doctor treats a patient with DMSO, they must tell the patient if it hasn't been FDA-approved for their condition, in writing. If DMSO is used for non-approved reasons, the doctor must get the patient's informed consent, which means explaining the treatment, potential discomfort, risks, and benefits, as well as alternative options. The patient must sign a consent form and receive a copy. Healthcare systems may have their own procedures for administering DMSO, decided collaboratively by staff.