SECTIONS 2135-2153 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2135-2153

2135. The board shall issue a physician and surgeon's certificate
to an applicant who meets all of the following requirements:
(a) The applicant holds an unlimited license as a physician and
surgeon in another state or states, or in a Canadian province or
Canadian provinces, which was issued upon:
(1) Successful completion of a resident course of professional
instruction leading to a degree of medical doctor equivalent to that
specified in Section 2089. However, nothing in this section shall be
construed to require the board to evaluate for equivalency any
coursework obtained at a medical school disapproved by the board
pursuant to Article 4 (commencing with Section 2080).
(2) Taking and passing a written examination that is recognized by
the board to be equivalent in content to that administered in
California.
(b) The applicant has held an unrestricted license to practice
medicine, in a state or states, in a Canadian province or Canadian
provinces, or as a member of the active military, United States
Public Health Services, or other federal program, for a period of at
least four years. Any time spent by the applicant in an approved
postgraduate training program or clinical fellowship acceptable to
the board shall not be included in the calculation of this four-year
period.
(c) 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.
(d) The applicant (1) has satisfactorily completed at least one
year of approved postgraduate training and is certified by a
specialty board approved by the American Board of Medical Specialties
or approved by the board pursuant to subdivision (h) of Section 651;
(2) has satisfactorily completed at least two years of approved
postgraduate training; or (3) has satisfactorily completed at least
one year of approved postgraduate training and takes and passes the
clinical competency written examination.
(e) The applicant has not committed any acts or crimes
constituting grounds for denial of a certificate under Division 1.5
(commencing with Section 475) or Article 12 (commencing with Section
2220).
(f) Any application received from an applicant who has held an
unrestricted license to practice medicine, in a state or states, or
Canadian province or Canadian provinces, or as a member of the active
military, United States Public Health Services, or other federal
program for four or more years shall be reviewed and processed
pursuant to this section. Any time spent by the applicant in an
approved postgraduate training program or clinical fellowship
acceptable to the board shall not be included in the calculation of
this four-year period. This subdivision does not apply to
applications that may be reviewed and processed pursuant to Section
2151.

2135.5. Upon review and recommendation, the Division of Licensing
may determine that an applicant for a physician's and surgeon's
certificate has satisfied the medical curriculum requirements of
Section 2089, the clinical instruction requirements of Sections
2089.5 and 2089.7, and the examination requirements of Section 2170
if the applicant meets all of the following criteria:
(a) He or she holds an unlimited and unrestricted license as a
physician and surgeon in another state and has held that license
continuously for a minimum of four years prior to the date of
application.
(b) He or she is certified by a specialty board that is a member
board of the American Board of Medical Specialties.
(c) He or she is not subject to denial of licensure under Division
1.5 (commencing with Section 475) or Article 12 (commencing with
Section 2220).
(d) He or she has not graduated from a medical school that has
been disapproved by the division or that does not provide a resident
course of instruction.
(e) He or she has graduated from a medical school recognized by
the division. If the applicant graduated from a medical school that
the division recognized after the date of the applicant's graduation,
the division may evaluate the applicant under its regulations.
(f) He or she has not been the subject of a disciplinary action by
a medical licensing authority or of an adverse judgment or
settlement resulting from the practice of medicine that, as
determined by the division, constitutes a pattern of negligence or
incompetence.

2141. (a) An applicant under this article shall file a verified
application on a form furnished by the Division of Licensing.
(b) Each application shall include all of the following:
(1) A list of each license to practice medicine issued by a
medical licensing authority to the applicant with the date each
certificate or license was issued and a description of each
certificate or license. The division in its discretion may require
the applicant to file an indicia of each certification or licensure.
If a certificate or license has been lost, a copy may be filed
together with proof satisfactory to the division that the copy is a
correct one and that the certificate was issued to the applicant
without fraud or misrepresentation.
(2) A list of each medical school or college at which the
applicant undertook his or her resident course of professional
instruction and all postsecondary educational institutions from which
the applicant was graduated, including the period of study at each.
(3) Other information as may be required by the division.
(c) The application shall be accompanied by the reciprocity
application fee required in Section 2435.

2143. An applicant for a reciprocity certificate need not have
completed the first year of postgraduate training required in Section
2096 prior to the issuance of a license in another state, if the
applicant complies with the requirements of Section 2096 before
application is made to the Division of Licensing for a reciprocity
certificate.

2144. The Division of Licensing may make an independent
investigation of the educational qualifications and the ability and
standing of the applicant.
If, after this investigation and any other or further examination
or investigation which the division may see fit to make on its own
part, it is found that the applicant does not meet the requirements
for licensure as a physician and surgeon under this chapter, then the
division may deny licensure under this article.

2151. Notwithstanding any other provision of law, the Division of
Licensing may issue a physician and surgeon's certificate to a
diplomate of the National Board of Medical Examiners provided the
following requirements are met:
(a) The standard of the National Board of Medical Examiners on the
date the diplomate certificate was issued was in no degree or
particular less than that which was required for a physician and
surgeon's certificate under this chapter on the same date.
(b) The applicant shall file an application with the division as
provided in Article 4 (commencing with Section 2080). The applicant
shall not, however, be required to comply with any provision of that
article which is inconsistent with or in conflict with the provisions
of this section.
(c) The application shall be accompanied by the fee required in
Section 2435.
(d) The applicant shall satisfy the division that the diplomate
certificate was procured without fraud or misrepresentation.
(e) The applicant shall not have committed any acts or crimes
constituting grounds for denial of a certificate under Section 480 or
Article 12 (commencing with Section 2220).

2153. In addition to the requirements of Section 164, a certificate
issued under this article shall include in its description the basis
upon which the certificate was issued.