AB 359: Physicians and surgeons: licensure: examination.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-07
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would expand the exception described above to include an applicant who meets certain requirements, including holding an unlimited license as a physician and surgeon in another state, or in a Canadian province, issued as provided, holding an unrestricted license to practice medicine in a state, in a Canadian province, or as a member of the active military, United States Public Health Services, or other federal program for a period of at least 4 years, having satisfactorily completed specified postgraduate training, certification, and examination requirements, and not having been subject to specified licensure denials or disciplinary action.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill, notwithstanding those provisions, would authorize a physician and surgeon to meet the CME standards through courses that satisfy specified criteria, including supporting educational methodology for physicians and surgeons teaching in a medical school, if these courses do not together comprise more than 30% of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would expand the exception described above to include an applicant who meets certain requirements, including holding an unlimited license as a physician and surgeon in another state, or in a Canadian province, issued as provided, holding an unrestricted license to practice medicine in a state, in a Canadian province, or as a member of the active military, United States Public Health Services, or other federal program for a period of at least 4 years, having satisfactorily completed specified postgraduate training, certification, and examination requirements, and not having been subject to specified licensure denials or disciplinary action.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill, notwithstanding those provisions, would authorize a physician and surgeon to meet the CME standards through courses that satisfy specified criteria, including supporting educational methodology for physicians and surgeons teaching in a medical school, if these courses do not together comprise more than 30% of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would eliminate expand the exception described above and would instead establish an exception for an applicant who holds an unrestricted license as a physician and surgeon in another state, if the board makes prescribed determinations with regard to the applicant. to include an applicant who meets certain requirements, including holding an unlimited license as a physician and surgeon in another state, or in a Canadian province, issued as provided, holding an unrestricted license to practice medicine in a state, in a Canadian province, or as a member of the active military, United States Public Health Services, or other federal program for a period of at least 4 years, having satisfactorily completed specified postgraduate training, certification, and examination requirements, and not having been subject to specified licensure denials or disciplinary action.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill, notwithstanding those provisions, would authorize a physician and surgeon to meet the CME standards through courses that satisfy specified criteria, including supporting educational methodology for physicians and surgeons teaching in a medical school, if these courses do not together comprise more than 30% of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would eliminate the exception described above and would instead establish an exception for an applicant who holds an unrestricted license as a physician and surgeon in another state, if the board makes prescribed determinations with regard to the applicant.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill would revise these standards provisions to authorize CME standards to be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. The bill would authorize educational activities that promote recommendations, treatment, or manners of practicing medicine with specified content or curriculum, and would expand that content to include content relating to improved practice management, health care facility management, and medical school teaching, as described, subject to specified limits. The bill would delete the provision limiting educational activities not directed toward the practice of medicine, or directed primarily toward the business aspects of medicine, and, instead, prohibit deeming educational activities that are not consistent with the revised standards provisions to meet the continuing medical education standards for licensed physicians and surgeons.This bill, notwithstanding those provisions, would authorize a physician and surgeon to meet the CME standards through courses that satisfy specified criteria, including supporting educational methodology for physicians and surgeons teaching in a medical school, if these courses do not together comprise more than 30% of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would eliminate the exception described above and would instead establish an exception for an applicant who holds an unrestricted license as a physician and surgeon in another state, if the board makes prescribed determinations with regard to the applicant.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill would revise these standards provisions to authorize CME standards to be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. The bill would authorize educational activities that promote recommendations, treatment, or manners of practicing medicine with specified content or curriculum, and would expand that content to include content relating to improved practice management, health care facility management, and medical school teaching, as described. described, subject to specified limits. The bill would delete the provision limiting educational activities not directed toward the practice of medicine, or directed primarily toward the business aspects of medicine, and, instead, prohibit deeming educational activities that are not consistent with the revised standards provisions to meet the continuing medical education standards for licensed physicians and surgeons.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would eliminate the exception described above and would instead establish an exception for an applicant who holds an unrestricted license as a physician and surgeon in another state, if the board makes prescribed determinations with regard to the applicant.
Existing law requires a physician and surgeon to demonstrate satisfaction of continuing education requirements and requires the board to adopt and administer standards for continuing education for licensees. Under existing law, these continuing medical education (CME) standards may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance that a physician and surgeon uses to provide care, or to improve the quality of care provided to patients. Existing law specifically authorizes educational activities with specified content or curriculum. Existing law prohibits educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, from being deemed to meet the standards.
This bill would revise these standards provisions to authorize CME standards to be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. The bill would authorize educational activities that promote recommendations, treatment, or manners of practicing medicine with specified content or curriculum, and expand that content to include content relating to improved practice management, health care facility management, and medical school teaching, as described. The bill would delete the provision limiting educational activities not directed toward the practice of medicine, or directed primarily toward the business aspects of medicine, and, instead, prohibit deeming educational activities that are not consistent with the revised standards provisions to meet the continuing medical education standards for licensed physicians and surgeons.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Medical Practice Act, requires the Medical Board of California to issue a physicians and surgeons certificate to a qualified applicant. Under the act, an applicant for a physicians and surgeons certificate is required to include specified information in the application and to obtain a passing score on an entire examination or on each part of an examination. Existing law requires an applicant to obtain a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than 4 attempts in order to be eligible for a certificate. Existing law provides an exception to the 4-attempt requirement for an applicant who holds an unlimited and unrestricted license as a physician and surgeon in another state, and has held that license continuously for a minimum of 4 years prior to the date of application, meets certain postgraduate training requirements and is certified by a specialty board, and is not subject to specified licensure denials or disciplinary action.
This bill would eliminate the exception described above and would instead establish an exception for an applicant who holds an unrestricted license as a physician and surgeon in another state, if the board makes prescribed determinations with regard to the applicant.
This bill would declare that it is to take effect immediately as an urgency statute.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Notwithstanding paragraph (1), an applicant who obtains a passing score on all parts of Step 3 of the United States Medical Licensing Examination in more than four attempts and who meets the requirements of Section 2135 or 2135.5 shall be eligible to be considered for issuance of a physicians and surgeons certificate.
SEC. 2.Section 2190.15 is added to the Business and Professions Code, to read:2190.15.Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical education courses that meet any of the criteria below, except that these courses shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board:
(a)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(b)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(c)Support educational methodology for physicians and surgeons teaching in a medical school.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians and surgeons, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California as physicians and surgeons, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Notwithstanding paragraph (1), an applicant who obtains a passing score on all parts of Step 3 of the United States Medical Licensing Examination in more than four attempts and who meets the requirements of Section 2135 or 2135.5 shall be eligible to be considered for issuance of a physicians and surgeons certificate.
SEC. 2.Section 2190.15 is added to the Business and Professions Code, to read:2190.15.Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical education courses that meet any of the criteria below, except that these courses shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board:
(a)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(b)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(c)Support educational methodology for physicians and surgeons teaching in a medical school.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians and surgeons, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California as physicians and surgeons, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Paragraph (1) shall not apply to an applicant for a physicians and surgeons certificate who holds an unrestricted license as a physician and surgeon in another state, if the board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence.(2)Notwithstanding paragraph (1), an applicant who obtains a passing score on all parts of Step 3 of the United States Medical Licensing Examination in more than four attempts and who meets the requirements of Section 2135 or 2135.5 shall be eligible to be considered for issuance of a physicians and surgeons certificate.
SEC. 2.Section 2190.15 is added to the Business and Professions Code, to read:2190.15.Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical education courses that meet any of the criteria below, except that these courses shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board:
(a)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(b)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(c)Support educational methodology for physicians and surgeons teaching in a medical school.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians and surgeons, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California as physicians and surgeons, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Paragraph (1) shall not apply to an applicant for a physicians and surgeons certificate who holds an unrestricted license as a physician and surgeon in another state, if the board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence.
SEC. 2.Section 2190.1 of the Business and Professions Code is amended to read:2190.1.(a)The continuing medical education standards of Section 2190 may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance, via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships, that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. These may include, but are not limited to, educational activities that promote recommendations, treatment, or manners of practicing medicine that meet any of the criteria below. Continuing medical education courses that meet the criteria set forth in paragraphs (5), (6), and (7) shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.(1)Have a scientific or clinical content with a direct bearing on the quality or cost-effective provision of patient care, community or public health, or preventive medicine.(2)Concern quality assurance or improvement, risk management, health facility standards, or the legal aspects of clinical medicine.(3)Concern bioethics or professional ethics.(4)Are designed to improve the physician-patient relationship.(5)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.(6)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.(7)Support educational methodology for physicians and surgeons teaching in a medical school.(b)(1)On and after July 1, 2006, all continuing medical education courses shall contain curriculum that includes cultural and linguistic competency in the practice of medicine.(2)Notwithstanding paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes cultural and linguistic competency in the practice of medicine.(3)Associations that accredit continuing medical education courses shall develop standards before July 1, 2006, for compliance with paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group that has expertise in cultural and linguistic competency issues.(4)A physician and surgeon who completes a continuing education course meeting the standards developed pursuant to paragraph (3) satisfies the continuing education requirement for cultural and linguistic competency.(c)In order to satisfy subdivision (b), continuing medical education courses shall address at least one or a combination of the following:(1)Cultural competency. For the purposes of this section, cultural competency means a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization to care effectively for patients from diverse cultures, groups, and communities. At a minimum, cultural competency is recommended to include the following:(A)Applying linguistic skills to communicate effectively with the target population.(B)Utilizing cultural information to establish therapeutic relationships.(C)Eliciting and incorporating pertinent cultural data in diagnosis and treatment.(D)Understanding and applying cultural and ethnic data to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities.(2)Linguistic competency. For the purposes of this section, linguistic competency means the ability of a physician and surgeon to provide patients who do not speak English or who have limited ability to speak English, direct communication in the patients primary language.(3)A review and explanation of relevant federal and state laws and regulations regarding linguistic access, including, but not limited to, the federal Civil Rights Act (42 U.S.C. Sec. 1981 et seq.), Executive Order 13166 of August 11, 2000, of the President of the United States, and the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).(d)(1)On and after January 1, 2022, all continuing medical education courses shall contain curriculum that includes the understanding of implicit bias.(2)Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes implicit bias in the practice of medicine.(3)Associations that accredit continuing medical education courses shall develop standards before January 1, 2022, for compliance with paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group established by the association that has expertise in the understanding of implicit bias.(e)In order to satisfy subdivision (d), continuing medical education courses shall address at least one or a combination of the following:(1)Examples of how implicit bias affects perceptions and treatment decisions of physicians and surgeons, leading to disparities in health outcomes.(2)Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.(f)Educational activities that are not consistent with subdivision (a) shall not be deemed to meet the continuing medical education standards for licensed physicians and surgeons.(g)Educational activities that meet the content standards set forth in this section and are accredited by the California Medical Association or the Accreditation Council for Continuing Medical Education may be deemed by the board to meet its continuing medical education standards.SEC. 2.Section 2190.15 is added to the Business and Professions Code, to read:2190.15.Notwithstanding Section 2190.1, a physician and surgeon may meet the continuing medical education standards in Section 2190 through continuing medical education courses that meet any of the criteria below, except that these courses shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board:
(a)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(b)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(c)Support educational methodology for physicians and surgeons teaching in a medical school.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Paragraph (1) shall not apply to an applicant for a physicians and surgeons certificate who holds an unrestricted license as a physician and surgeon in another state, if the board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence.
SEC. 2.Section 2190.1 of the Business and Professions Code is amended to read:2190.1.(a)The continuing medical education standards of Section 2190 may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance, via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships, that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. These may include, but are not limited to, educational activities that promote recommendations, treatment, or manners of practicing medicine that meet any of the following criteria: criteria below. Continuing medical education courses that meet the criteria set forth in paragraphs (5), (6), and (7) shall not together comprise more than 30 percent of the total hours of continuing medical education completed by a licensee to satisfy the continuing educational requirement established by the board.
(1)Have a scientific or clinical content with a direct bearing on the quality or cost-effective provision of patient care, community or public health, or preventive medicine.
(2)Concern quality assurance or improvement, risk management, health facility standards, or the legal aspects of clinical medicine.
(3)Concern bioethics or professional ethics.
(4)Are designed to improve the physician-patient relationship.
(5)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(6)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(7)Support educational methodology for physicians and surgeons teaching in a medical school.
(b)(1)On and after July 1, 2006, all continuing medical education courses shall contain curriculum that includes cultural and linguistic competency in the practice of medicine.
(2)Notwithstanding paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes cultural and linguistic competency in the practice of medicine.
(3)Associations that accredit continuing medical education courses shall develop standards before July 1, 2006, for compliance with paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group that has expertise in cultural and linguistic competency issues.
(4)A physician and surgeon who completes a continuing education course meeting the standards developed pursuant to paragraph (3) satisfies the continuing education requirement for cultural and linguistic competency.
(c)In order to satisfy subdivision (b), continuing medical education courses shall address at least one or a combination of the following:
(1)Cultural competency. For the purposes of this section, cultural competency means a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization to care effectively for patients from diverse cultures, groups, and communities. At a minimum, cultural competency is recommended to include the following:
(A)Applying linguistic skills to communicate effectively with the target population.
(B)Utilizing cultural information to establish therapeutic relationships.
(C)Eliciting and incorporating pertinent cultural data in diagnosis and treatment.
(D)Understanding and applying cultural and ethnic data to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities.
(2)Linguistic competency. For the purposes of this section, linguistic competency means the ability of a physician and surgeon to provide patients who do not speak English or who have limited ability to speak English, direct communication in the patients primary language.
(3)A review and explanation of relevant federal and state laws and regulations regarding linguistic access, including, but not limited to, the federal Civil Rights Act (42 U.S.C. Sec. 1981 et seq.), Executive Order 13166 of August 11, 2000, of the President of the United States, and the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).
(d)(1)On and after January 1, 2022, all continuing medical education courses shall contain curriculum that includes the understanding of implicit bias.
(2)Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes implicit bias in the practice of medicine.
(3)Associations that accredit continuing medical education courses shall develop standards before January 1, 2022, for compliance with paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group established by the association that has expertise in the understanding of implicit bias.
(e)In order to satisfy subdivision (d), continuing medical education courses shall address at least one or a combination of the following:
(1)Examples of how implicit bias affects perceptions and treatment decisions of physicians and surgeons, leading to disparities in health outcomes.
(2)Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.
(f)Educational activities that are not consistent with subdivision (a) shall not be deemed to meet the continuing medical education standards for licensed physicians and surgeons.
(g)Educational activities that meet the content standards set forth in this section and are accredited by the California Medical Association or the Accreditation Council for Continuing Medical Education may be deemed by the board to meet its continuing medical education standards.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2)Paragraph (1) shall not apply to an applicant for a physicians and surgeons certificate who holds an unrestricted license as a physician and surgeon in another state, if the board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence.
SEC. 2.Section 2190.1 of the Business and Professions Code is amended to read:2190.1.(a)The continuing medical education standards of Section 2190 may be met by educational activities that meet the standards of the board and that serve to maintain, develop, or increase the knowledge, skills, and professional performance performance, via educational activities which serve to maintain, develop, or increase the knowledge, skills, and professional performance and relationships, that a physician and surgeon uses to provide care, to provide services for patients, the public, or the profession, or to improve the quality of care provided to patients. These may include, but are not limited to, educational activities that promote recommendations, treatment, or manners of practicing medicine that meet any of the following criteria:
(1)Have a scientific or clinical content with a direct bearing on the quality or cost-effective provision of patient care, community or public health, or preventive medicine.
(2)Concern quality assurance or improvement, risk management, health facility standards, or the legal aspects of clinical medicine.
(3)Concern bioethics or professional ethics.
(4)Are designed to improve the physician-patient relationship.
(5)Have practice management content designed to provide better service to patients, including, but not limited to, the use of technology or clinical office workflow.
(6)Have management content designed to support managing a health care facility, including, but not limited to, coding or reimbursement in a medical practice.
(7)Support educational methodology for physicians and surgeons teaching in a medical school.
(b)(1)On and after July 1, 2006, all continuing medical education courses shall contain curriculum that includes cultural and linguistic competency in the practice of medicine.
(2)Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes cultural and linguistic competency in the practice of medicine.
(3)Associations that accredit continuing medical education courses shall develop standards before July 1, 2006, for compliance with the requirements of paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group that has expertise in cultural and linguistic competency issues.
(4)A physician and surgeon who completes a continuing education course meeting the standards developed pursuant to paragraph (3) satisfies the continuing education requirement for cultural and linguistic competency.
(c)In order to satisfy the requirements of subdivision (b), continuing medical education courses shall address at least one or a combination of the following:
(1)Cultural competency. For the purposes of this section, cultural competency means a set of integrated attitudes, knowledge, and skills that enables a health care professional or organization to care effectively for patients from diverse cultures, groups, and communities. At a minimum, cultural competency is recommended to include the following:
(A)Applying linguistic skills to communicate effectively with the target population.
(B)Utilizing cultural information to establish therapeutic relationships.
(C)Eliciting and incorporating pertinent cultural data in diagnosis and treatment.
(D)Understanding and applying cultural and ethnic data to the process of clinical care, including, as appropriate, information pertinent to the appropriate treatment of, and provision of care to, the lesbian, gay, bisexual, transgender, and intersex communities.
(2)Linguistic competency. For the purposes of this section, linguistic competency means the ability of a physician and surgeon to provide patients who do not speak English or who have limited ability to speak English, direct communication in the patients primary language.
(3)A review and explanation of relevant federal and state laws and regulations regarding linguistic access, including, but not limited to, the federal Civil Rights Act (42 U.S.C. Sec. 1981 et seq.), Executive Order 13166 of August 11, 2000, of the President of the United States, and the Dymally-Alatorre Bilingual Services Act (Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code).
(d)(1)On and after January 1, 2022, all continuing medical education courses shall contain curriculum that includes the understanding of implicit bias.
(2)Notwithstanding the provisions of paragraph (1), a continuing medical education course dedicated solely to research or other issues that does not include a direct patient care component or a course offered by a continuing medical education provider that is not located in this state is not required to contain curriculum that includes implicit bias in the practice of medicine.
(3)Associations that accredit continuing medical education courses shall develop standards before January 1, 2022, for compliance with the requirements of paragraph (1). The associations may update these standards, as needed, in conjunction with an advisory group established by the association that has expertise in the understanding of implicit bias.
(e)In order to satisfy the requirements of subdivision (d), continuing medical education courses shall address at least one or a combination of the following:
(1)Examples of how implicit bias affects perceptions and treatment decisions of physicians and surgeons, leading to disparities in health outcomes.
(2)Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.
(f)Notwithstanding subdivision (a), educational Educational activities that are not directed toward the practice of medicine, or are directed primarily toward the business aspects of medical practice, including, but not limited to, medical office management, billing and coding, and marketing consistent with subdivision (a) shall not be deemed to meet the continuing medical education standards for licensed physicians and surgeons.
(g)Educational activities that meet the content standards set forth in this section and are accredited by the California Medical Association or the Accreditation Council for Continuing Medical Education may be deemed by the Division of Licensing board to meet its continuing medical education standards.
SEC. 2.SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, and to expand continuing medical education course offerings for improved practice management, health care facility management, and medical school teaching as soon as possible, it is necessary for this act to take immediate effect.
(a)A passing score is required for an entire examination or for each part of an examination, as established by resolution of the board.
(b)Applicants may elect to take the written examinations conducted or accepted by the board in separate parts.
(c)(1)An applicant shall have obtained a passing score on all parts of Step 3 of the United States Medical Licensing Examination within not more than four attempts in order to be eligible for a physicians and surgeons certificate.
(2) Notwithstanding paragraph (1), an applicant who obtains a passing score on all parts of Step 3 of the United States Medical Licensing Examination in more than four attempts and who meets the requirements of Section 2135.5 shall be eligible to be considered for issuance of a physicians and surgeons certificate.(2)Paragraph (1) shall not apply to an applicant for a physicians and surgeons certificate who holds an unrestricted license as a physician and surgeon in another state, if the board determines that no disciplinary action has been taken against the applicant by any medical licensing authority and that the applicant has not been the subject of adverse judgments or settlements resulting from the practice of medicine that the board determines constitutes evidence of a pattern of negligence or incompetence.
SEC. 2.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
California is currently in a declared state of emergency due to the COVID-19 pandemic. This is alarming, as California has a shortage of licensed physicians, as evidenced by the recent passage of AB 890 in 2020, which removes the physician supervision requirement for nurse practitioners, and the publication by the Emergency Medical Services Authority of a memorandum permitting physicians licensed in other states to practice medicine in California.
To immediately increase the number of licensed medical doctors (MDs) practicing in California, by adjusting the reciprocity statutes that govern the entry of out-of-state MDs into our state, making them consistent with the reciprocity statutes that already apply to other independent, out-of-state health care practitioners, like Doctors of Osteopathy, it is necessary for this act to take immediate effect.
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Date
|
Status
|
|---|---|
| Oct 7, 2021 | Chaptered by Secretary of State - Chapter 612, Statutes of 2021. |
| Oct 7, 2021 | Approved by the Governor. |
| Sep 17, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 9, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3048.). |
| Sep 8, 2021 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2021 | Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2488.). |
| Sep 3, 2021 | Ordered to special consent calendar. |
| Aug 30, 2021 | Read second time. Ordered to third reading. |
| Aug 26, 2021 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 26). |
| Aug 23, 2021 | In committee: Referred to APPR suspense file. |
| Jul 15, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (July 12). |
| Jun 15, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| May 12, 2021 | Referred to Com. on B., P. & E.D. |
| Apr 26, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 22, 2021 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1152.). |
| Apr 15, 2021 | Read second time. Ordered to Consent Calendar. |
| Apr 14, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 14). |
| Apr 7, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (April 6). Re-referred to Com. on APPR. |
| Mar 23, 2021 | Re-referred to Com. on B. & P. |
| Mar 22, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Feb 12, 2021 | Referred to Com. on B. & P. |
| Feb 2, 2021 | From printer. May be heard in committee March 4. |
| Feb 1, 2021 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 9, 2021 | AB 359 Cooper Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2021 | Special Consent AB359 Cooper et al. By Pan Urgency Clause | Senate Floor |
Passed |
|
| Apr 22, 2021 | AB 359 Cooper Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
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