Medicine 2000-2529.8.1Special Permits

Section § 2168

Explanation

This section talks about a special faculty permit allowing someone to practice medicine only within certain academic settings, like a medical school or affiliated institutions. It explains that the permit holder can't practice outside these settings and clarifies what qualifies as an 'academic medical center.' The law states that time in these roles doesn’t count toward medical licensure training or exam requirements. Also, permit holders can't be appointed to high administrative roles like division chief without written board approval.

(a)Copy CA Business & Professions Code § 2168(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 2168(a)(2) For the purposes of this section, the term “academic medical center” is defined as meeting all of the following requirements:
(A)CA Business & Professions Code § 2168(a)(2)(A) A facility licensed by the State of California.
(B)CA Business & Professions Code § 2168(a)(2)(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)CA Business & Professions Code § 2168(a)(2)(C) The facility conducts clinical and basic research for the purpose of advancing patient care.
(D)CA Business & Professions Code § 2168(a)(2)(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)CA Business & Professions Code § 2168(a)(2)(E) The facility has more than 100 research students or postdoctoral researchers annually.
(F)CA Business & Professions Code § 2168(a)(2)(F) The facility has foreign medical graduates in research.
(G)CA Business & Professions Code § 2168(a)(2)(G) The facility offers clinical observer experiences.
(H)CA Business & Professions Code § 2168(a)(2)(H) The facility is accredited by the Western Association of Schools and Colleges and the Accreditation Council for Graduate Medical Education.
(b)CA Business & Professions Code § 2168(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)CA Business & Professions Code § 2168(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.
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Section § 2168.1

Explanation

This California law outlines the eligibility and application process for a special faculty permit for esteemed medical professionals. To qualify, individuals must be recognized as academically eminent, hold a valid medical license from another jurisdiction, and not be disqualified under specific sections. Applicants must pay a fee, and certain prior positions may affect eligibility unless waived by the board. A review committee will evaluate applications. The board can approve up to five applications from academic medical centers each year.

(a)CA Business & Professions Code § 2168.1(a) Any person who meets all of the following eligibility requirements may apply for a special faculty permit:
(1)CA Business & Professions Code § 2168.1(a)(1) Is academically eminent. For purposes of this article, “academically eminent” means the applicant meets either of the following criteria:
(A)CA Business & Professions Code § 2168.1(a)(1)(A) The person holds or has been offered a full-time appointment at the level of full professor in a tenure track position, or its equivalent, at an academic medical center, as defined in Section 2168, or a California medical school approved by the board.
(B)CA Business & Professions Code § 2168.1(a)(1)(B) The person is clearly outstanding in a specific field of medicine or surgery and has been offered by the dean of a medical school or the dean or chief medical officer of an academic medical center a full-time academic appointment at the level of full professor or associate professor, and a great need exists to fill that position.
(2)CA Business & Professions Code § 2168.1(a)(2) Possesses a current valid license to practice medicine issued by another state, country, or other jurisdiction.
(3)CA Business & Professions Code § 2168.1(a)(3) Is not subject to denial under Section 480 or any provision of this chapter.
(4)CA Business & Professions Code § 2168.1(a)(4) Pays the fee prescribed for application for, and initial licensure as, a physician and surgeon.
(5)CA Business & Professions Code § 2168.1(a)(5) Has not held a position under Section 2113 for a period of two years or more preceding the date of the application. The board may, in its discretion, waive this requirement.
(b)CA Business & Professions Code § 2168.1(b) The board shall exercise its discretion in determining whether an applicant satisfies the requirements of paragraph (1) of subdivision (a).
(c)Copy CA Business & Professions Code § 2168.1(c)
(1)Copy CA Business & Professions Code § 2168.1(c)(1) The board shall establish a review committee composed of two members of the division, one of whom shall be a physician and surgeon and one of whom shall be a public member, one representative from each of the medical schools, and one individual selected pursuant to paragraph (3) to represent academic medical centers in California. The committee shall review and make recommendations to the board regarding the applicants applying pursuant to this section, including those applicants that a medical school or academic medical center proposes to appoint as a division chief or head of a department or as nontenure track faculty.
(2)CA Business & Professions Code § 2168.1(c)(2) The representative of the medical school or academic medical center offering the applicant an academic appointment shall not participate in any vote on the recommendation to the board for that applicant.
(3)CA Business & Professions Code § 2168.1(c)(3) The academic medical centers shall select by consensus, one individual to represent academic medical centers on the review committee.
(d)CA Business & Professions Code § 2168.1(d) The board shall not approve more than five applications submitted pursuant to this section by academic medical centers in any calendar year.
(e)CA Business & Professions Code § 2168.1(e) As used in this section, “academic medical center” has the same meaning as defined in subdivision (a) of Section 2168.
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Section § 2168.2

Explanation

If you want to get a special faculty permit for teaching medicine in California, you'll need to fill out an application form provided by the board. This form requires specific information, like a statement from the dean or chief medical officer of the medical school where you'll work, detailing your qualifications and roles. It must also list where you'll teach and provide a justification for your medical activities. In addition, you must go through a background check by the Department of Justice to see if you have any criminal records that might prevent you from getting the permit.

An application for a special faculty permit shall be made on a form prescribed by the board and shall include any information that the board may prescribe to establish an applicant’s eligibility for a permit. This information shall include, but is not limited to, the following:
(a)CA Business & Professions Code § 2168.2(a) A statement from the dean of the medical school or dean or chief medical officer at an academic medical center at which the applicant will be employed describing the applicant’s qualifications and justifying the dean’s or chief medical officer’s determination that the applicant satisfies the requirements of paragraph (1) of subdivision (a) of Section 2168.1.
(b)CA Business & Professions Code § 2168.2(b) A statement by the dean of the medical school or dean or chief medical officer of the academic medical center listing every affiliated institution in which the applicant will be providing instruction as part of the medical school’s or academic medical center’s educational program and justifying any clinical activities at each of the institutions listed by the dean or chief medical officer.
(c)CA Business & Professions Code § 2168.2(c) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all applicants for special faculty permits, as defined by Section 2168, 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).
special faculty permit medical qualification statement Dean of medical school

Section § 2168.3

Explanation

If someone with a special faculty permit breaks a rule that would normally cause a doctor to lose their license, their permit can be taken away too. People with these permits must follow the same rules that apply to licensed doctors.

A special faculty permit may be denied, suspended, or revoked for any violation that would be grounds for denial, suspension, or revocation of a physician and surgeon’s certificate, or for violation of any provision of this article. The holder of a special faculty permit shall be subject to all the provisions of this chapter applicable to the holder of a physician’s and surgeon’s certificate.
special faculty permit denied suspended

Section § 2168.4

Explanation

If you have a special faculty permit, it only lasts for two years and will expire at the end of the second year unless you renew it. To renew, you must prove you still qualify based on certain criteria and meet medical education requirements. After the first renewal, you can work part-time instead of full-time, but your job must still fit specific standards. Renewing your permit follows the same rules as renewing a doctor’s license, including paying the same fees, which help fund the Medical Board of California.

(a)CA Business & Professions Code § 2168.4(a) A special faculty permit expires and becomes invalid at midnight on the last day of the month in which the permit was issued during the second year of a two-year term commencing from the date of issuance, if not renewed.
(b)CA Business & Professions Code § 2168.4(b) A person who holds a special faculty permit shall show at the time of license renewal that they continue to meet the eligibility criteria set forth in Section 2168.1. After the first renewal of a special faculty permit, the permitholder shall not be required to hold a full-time faculty position, and may instead be employed part-time in a position that otherwise meets the requirements set forth in paragraph (1) of subdivision (a) of Section 2168.1.
(c)CA Business & Professions Code § 2168.4(c) A person who holds a special faculty permit shall show at the time of license renewal that they meet the continuing medical education requirements of Article 10 (commencing with Section 2190).
(d)CA Business & Professions Code § 2168.4(d) In addition to the requirements set forth above, a special faculty permit shall be renewed in accordance with Article 19 (commencing with Section 2420) in the same manner as a physician’s and surgeon’s certificate.
(e)CA Business & Professions Code § 2168.4(e) Those fees applicable to a physician’s and surgeon’s certificate shall also apply to a special faculty permit and shall be paid into the State Treasury and credited to the Contingent Fund of the Medical Board of California.
special faculty permit expiry renewal eligibility

Section § 2168.5

Explanation

If you received a special faculty permit to practice medicine before January 1, 2021, and you're working at an academic medical center, your permit is automatically considered to be associated with that center, as if they sponsored your original application.

A holder of a special faculty permit issued before January 1, 2021, who practices medicine pursuant to subdivision (a) of Section 2168 at an academic medical center, as defined in subdivision (a) of Section 2168, shall be deemed to hold a special faculty permit with that academic medical center as though the initial application had been sponsored by the academic medical center.
special faculty permit academic medical center medical practice

Section § 2169

Explanation

If you have a special faculty permit, you need to complete ongoing medical education as detailed starting in Section 2190.

A person who holds a special faculty permit shall meet the continuing medical education requirements set forth in Article 10 (commencing with Section 2190).
special faculty permit continuing medical education CME requirements