News

Physician Fee Increases and Licensing and Enforcement Changes Coming Soon

SB 815, signed into law by Governor Newsom on September 30, 2023, brings multiple significant changes to the Medical Board of California (Board), and its applicants, licensees, and public stakeholders.

This webpage explains the major changes in the law enacted by SB 815. Soon, the Board’s other website content will be updated, where appropriate, to reflect these changes. Unless otherwise noted, these law changes take effect on January 1, 2024.

The Medical Board of California (Board) is pleased to share that on September 13, 2023, Governor Newsom signed Senate Bill 143, which makes the following changes that are now in effect:

• Extends the expiration date of Postgraduate Training Licenses (PTL) that expire after June 1, 2023, and before December 31, 2023, to March 31, 2024.
  These PTL holders do not have to take any action. The Board will automatically change their expiration date and notify affected licensees via email.
• Provides residents who completed the board-approved postgraduate training out-of-state required for licensure and are enrolled in a California ACGME-accredited program more time to obtain a Physician’s and Surgeon’s (P&S) license, under Business and Professions Code (BPC) section 2065(g).
  Under the new law, these applicants have a total of 180 days from the date they begin their training program to obtain a P&S license (under the prior law they had 90 days from their enrollment date).
• States that residents must obtain a PTL within 180 days from beginning a California board-approved postgraduate training program rather than from the date of enrollment, as required under BPC section 2064.5(a).

Questions regarding these law changes for applicants and licensees of the Board may be directed to licensing.questions@mbc.ca.gov.

Questions related to applicants and licensees of the Osteopathic Medical Board of California should be directed to OMBC.Applications@dca.ca.gov or Dina.Ruprecht@dca.ca.gov.

Medical Board of California 2023 Second Quarter Newsletter.

The Board recognizes the need to ensure patients have access to safe and effective pain management treatment and, at the same time, also recognizes the need to support physicians providing treatment to this patient population. Consequently, the guidelines were updated to provide a framework for clinician use while also encouraging the development of treatment plans customized for their patients.

(Sacramento) – On Friday, June 23, 2023, Mr. Reji Varghese (pronounced Var-Geese) was sworn in as the executive director of the Medical Board of California (Board). Mr. Varghese has more than thirty years of medical regulatory experience and first joined the Board as deputy director in August 2020. He was appointed by the Board as interim executive director in February 2023.

News Release - 06/26/2023

Beginning May 20, 2023, the Board will no longer provide paper-based application forms for the Physician’s and Surgeon’s (P&S) License. Instead, these applications should be submitted electronically through BreEZe.

Furthermore, beginning June 1, 2023, the Board will no longer accept any paper-based P&S License applications as it moves to a paperless process.

The switch to a paperless application process helps both applicants and the Board by increasing the efficiency of the review process, enhancing security, and reducing costs and impact to the environment.

To submit this application online, please visit the Board’s P&S License webpage.

After June 1, 2023, any paper-based applications for a P&S license received by the Board will not be accepted or processed and the Board will notify the applicant that they must apply through BreEZe.

To allow sufficient time for processing and remediating deficiencies, the Board strongly encourages applicants to submit their application online six months in advance.

If you have any questions about this process change, please contact the Board by phone, toll free at (800) 633-2322 or via email at webmaster@mbc.ca.gov.

Medical Board of California 2023 First Quarter Newsletter.

The biennial fee charged to maintain CURES will decrease to $18 for licenses expiring on or after July 1, 2023, per AB 3330 (Calderon, Chapter 359, Statutes of 2020) from the current biennial amount of $22. Please refer to your renewal notice for the amount due. (BPC section 208).

Pursuant to SB 806, the Medical Board of California presents the independent enforcement monitor's report containing initial findings and recommendations pertaining to the Board's Enforcement efforts.

On Wednesday, March 29, 2023, the Medical Board of California (Board) will be hosting a live webinar from 12:00pm to 1:30pm (Pacific Standard Time) to provide an overview of the licensing requirements for Postgraduate Training Licenses and Physician’s and Surgeon’s Licenses. An opportunity to ask questions will follow the presentation. The Board encourages questions to be submitted in advance of the webinar through the registration form to better address them during the session. The webinar will be recorded and made available on the Board’s website.

Please register in advance.

The Medical Board of California is proud to present its 2023 Strategic Plan. The Board’s Strategic Plan is the roadmap that the Board and its staff will follow for the next five years to achieve its mission of consumer protection, and establishes goals in the areas of licensing, enforcement, legislation and regulation, outreach, and Board administration.

Important Reminder: Following the anticipated termination of California’s COVID-19 State of Emergency on February 28, 2023, health care providers licensed out-of-state who received the Emergency Medical Services Authority’s (EMSA) authorization to practice in the state without a license issued by the Medical Board of California (Board) will no longer be permitted to practice pursuant to that authorization after that date. Health care providers who have not received California licensure and wish to continue practicing, should check with the Board’s website licensing page for information on how to obtain licensure in California and/or temporary licensure options.

Please note, individuals wishing to continue to practice in California should submit an application and the necessary documentation for licensure immediately as the EMSA out-of-state medical personnel authorization approval concludes on February 28, 2023, and no further practice pursuant to that authorization will be permitted.

The Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee hold joint sunset review oversight hearings to review the Medical Board of California (Board). The Board is responsible for protecting health care consumers through the proper licensing and regulation of physicians and surgeons and certain allied health care professionals. The sunset review process provides an opportunity for the Board, the Legislature, and interested parties/stakeholders to discuss the performance of the Board and make recommendations for improvements.

• Sunset Review Report 2022

Medical Board of California 2022 Fourth Quarter Newsletter.

Earlier today, William Prasifka, the Executive Director of the Medical Board of California (Board) informed the staff and Board members that he will be leaving his position at the end of 2022:

It has been a privilege to have served the people of California as the Board’s Executive Director for these past two and a half years. I have enjoyed tremendously working alongside the Board’s leadership and staff.”

After living in Ireland for decades and raising my family there, I came back to my home state of California for this role and to attend to certain other personal matters. While working at the Board, I have been apart from my family, which has been very difficult. At this time, I wish to rejoin my family in Ireland, which I intend to do at the end of this year. I have the utmost confidence in the management team that is remaining at the Board and their commitment to consumer protection.

Board President Kristina D. Lawson had the following response to Mr. Prasifka’s decision to leave the Board:

I am grateful to Bill for his service. I was disappointed when he informed me of this personal decision, but I certainly respect his desire to reunite with his family and wish him continued success in his career. Bill took on his role during a particularly challenging time, helping the Board pursue its mission of consumer protection, while navigating through the COVID-19 pandemic.

I am pleased that our Deputy Director, Reji Varghese, will continue to lead the day-to-day operations during this period of transition. Next, the Board will meet in early 2023 to decide upon the recruitment process for our next Executive Director.

Board Vice President Dr. Randy Hawkins made the following comment regarding Mr. Prasifka’s decision:

I would like to express my appreciation and support to Bill for his time and service to the Board. We will miss him.

During his time with us, Bill worked hard to increase the Board’s effectiveness and efficiency. I am happy that Mr. Varghese is remaining in a leadership role as we continue in our consumer protection mission.

Pursuant to Assembly Bill (AB) 1278, physicians will soon be required to provide a notice to their patients regarding the Open Payments database (Database), which is managed by the U.S. Centers for Medicare & Medicaid Services, or CMS.

Specifically, this new law requires physicians to do the following beginning January 1, 2023:

1. At the initial office visit with their patient, a physician must provide either a written or electronic notice of the Database that includes the following text:

   “The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.”

   If the physician uses an electronic records system, they must include a record of this notice in the patient’s records.

   If the physician uses a paper-based records system, then the written notice to the patient must include a signature from the patient (or their representative) and a date of signature. Further, a copy of the written notice must be provided to the patient (or their representative) and included in the patient's records.

2. Post a notice regarding the Database at each location where the physician practices, in an area likely to be seen by all persons. That notice must include an internet website link to the Database and the following text:

   “For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.”

   If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Beginning January 1, 2024, a physician who uses a website in their medical practice must conspicuously post the same notice described above in 2) on their website. If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Under this law, a violation of these requirements constitutes unprofessional conduct. The requirements created by this law do not apply to a physician working in a hospital emergency room.

For additional information, please see the text of AB 1278.

Beginning December 30, 2022, the Board will no longer provide paper-based application forms for the following types of applications:

• Application for a PTL
• Application to Transition from a PTL to a P&S License

Instead, these applications should be submitted electronically through BreEZe.

Furthermore, beginning February 1, 2023, the Board will no longer accept any paper-based applications for the above-mentioned application types as it moves to a paperless process.

The switch to a paperless application process helps both applicants and the Board by increasing the efficiency of the review process, enhancing security, and reducing costs and impact to the environment.

To submit these applications online, please visit the appropriate Board webpage:

• Applications for a PTL
• Applications to Transition from a PTL to a P&S License

After February 1, 2023, any paper-based applications for a PTL or to Transition from a PTL to a P&S license received by the Board will not be accepted or processed and the Board will notify the applicant that they must apply through BreEZe.

To allow sufficient time for processing and remediating deficiencies, the Board strongly encourages applicants to submit their application online six months in advance.

If you have any questions about this process change, please contact the Board by phone, toll free at (800) 633-2322 or via email at webmaster@mbc.ca.gov.

Medical Board of California 2022 Third Quarter Newsletter.

The Medical Board of California (Board) wishes to provide interested stakeholders additional opportunities to provide comments on what legislative proposals and priorities the Board should adopt at their meeting on December 1-2, 2022. During the December Board meeting, the Board is expected to review and approve its 2022 sunset report, including various statutory proposals, which will be delivered to the California State Legislature by January 2023.

If any interested stakeholder has comments on this matter, please submit them in writing to sunset@mbc.ca.gov. We request comments be submitted no later than Wednesday, November 9, 2022.

In addition, Board staff will be accepting verbal comments at a public meeting on Wednesday, November 9, 2022, from 2:00 p.m. to 4:00 p.m., to be conducted via WebEx. This meeting is intended to offer an additional opportunity for stakeholders to provide public comment and to share their opinions on how the Board should prioritize its proposals. Public comments are limited to three minutes per person. An agenda will be published on the Board’s website meetings page and distributed no later than 10 days prior to the meeting. To receive the agenda, please subscribe to the “Board and Committee Meetings” email alert.

All written and verbal comments received on this topic will be provided to the Board members for their consideration. As usual, stakeholders will be able to provide verbal comment at the Board’s meeting on December 1-2, 2022, during the appropriate agenda item.

For additional information, please see the staff report from the Board’s August 25-26, 2022, discussion regarding the 2022 Sunset Report Legislative Proposals.

Medical Board of California Annual Report for fiscal year 2021-2022.

Medical Board of California 2022 Second Quarter Newsletter.

The Medical Board of California (Board) has learned of a new scam targeting California physicians in which a caller impersonates a Board investigator, staff member or other law enforcement official and warns the physician that their license has been suspended, or a warrant has been issued for their arrest (sometimes both) due to criminal activity.

The scammer warns the physician that the suspension of the license will not show up on the physician’s public profile page, but that it is in full effect and the physician is not permitted to treat patients. The caller demands money or other compensation from the physician to stop the threatened action and utilizes fake Board letterhead containing fraudulent use of Board staff names and signatures to add authenticity to the scam.

The scammer also instructs the physician to not speak about the matter to anyone.

The Board would like to remind physicians that no Board staff member will ever contact physicians by telephone to inform them of a license suspension or to demand money or any other form of payment.

If you receive such a call:

• Hang up immediately
• Contact the Board directly at (800) 633 2322 to report the call
• Report the call to local law enforcement authorities
• It should be noted that the scammers use sophisticated methods to spoof Board phone numbers. Do not fall for this. Always call the Board directly if you have any questions.

Medical Board of California 2022 First Quarter Newsletter.

The California Department of Justice (DOJ) will release the optimized Controlled Substance Utilization Review and Evaluation System (CURES) on April 11, 2022. Please refer to the DOJ guidance document “ New Optimized Cures Being Released On 4/11/2022” for important information on new features of the optimized CURES, supported web browsers, and planned system downtime from Friday, April 8, 2022 at 5:00 PM, through Monday, April 11, 2022 at 8:00 AM.

After this deployment, the initial login to CURES, whether via the web application or the Information Exchange Web Service (IEWS), will require users to follow the steps outlined below and in the DOJ bulletin:

Step #1: Login to CURES with your username and Password.

Step #2: Review and agree to the CURES Terms and Conditions.

Step #3: Verify your DOJ Identity by completing five (5) personal identity questions

• First Name at Birth
• Last Name at Birth
• Mothers Maiden Name
• Place of Birth
• Date of Birth

Step #3 is to be completed by the user only one time. If the user does not complete this step the first time they login to the optimized CURES, they will be prompted to do this step every time they login until this is completed.

In addition, CURES optimization will provide expanded Delegate functionality, through which Delegates will be authorized to directly access data in CURES. Practitioners currently utilizing a Delegate must enter into a new Delegate Agreement in order for their Delegate to have continued access to CURES beginning April 11, 2022.

New Delegates may also be added via Delegate Agreement. For information about the Delegate access, please refer to the DOJ guidance document “ New Features and Requirements for Expanded Delegate Access.”

As part of the transition to optimized CURES, beginning on April 11, 2022, users will need to complete a few simple steps the first time they log into the system. For more information, please refer to the DOJ guidance document “ First Time Login to the New Optimized CURES.”

If you have any questions about optimized CURES, Delegate Access, or browser accessibility, contact the CURES Program at cures@doj.ca.gov or (916) 210-3187.

The California Department of Justice (DOJ) will release the optimized Controlled Substance Utilization Review and Evaluation System (CURES) on April 11, 2022. Please refer to the DOJ guidance document “New Optimized Cures Being Released On 4/11/2022” for important information on new features of the optimized CURES, supported web browsers, and planned system downtime from Friday, April 8, 2022 at 5:00 PM, through Monday, April 11, 2022 at 8:00 AM.

In addition, CURES optimization will provide expanded Delegate functionality, through which Delegates will be authorized to directly access data in CURES. Practitioners currently utilizing a Delegate must enter into a new Delegate Agreement in order for their Delegate to have continued access to CURES beginning April 11, 2022. New Delegates may also be added via Delegate Agreement. For information about the Delegate access, please refer to the DOJ guidance document “New Features and Requirements for Expanded Delegate Access” or contact the CURES Program at cures@doj.ca.gov or (916) 210-3187.

The California Department of Justice (DOJ) recently awarded the contract for prescription data collection services for the Controlled Substance Utilization Review and Evaluation System (CURES) to a new vendor. For information on how licensees of DCA boards are impacted by this change, please see the Data Collection Vendor For Cures document on the DOJ CURES webpage.

Registration is now open for the Medical Board of California’s (Board) current active expert reviewers to attend an expert reviewer training event.

Medical Board of California 2021 Fourth Quarter Newsletter.

January 1, 2022, various licensing and enforcement law changes, including fee increases, will take effect. These law changes impact all Medical Board of California applicants and licensees.

The Medical Board of California would like to share information from the Employment Development Department (EDD) regarding a new disability insurance identity theft scam. Here are links from EDD about the scam:

• EDD News Release: Employment Development Department Moves to Block New Disability Insurance Fraudsters
• EDD New Disability Insurance Scam FAQs

Updated regularly with all COVID related updates.

In this edition of Medical Board Chat, host Carlos Villatoro and Board President Kristina Lawson discuss how the Board makes decisions on petitions for license reinstatement and penalty relief.

Medical Board of California Annual Report for fiscal year 2020-2021.

The Medical Board of California (Board) has temporarily suspended the ability for licensees to renew early if their license expires after December 31, 2021. Pending legislation, Senate Bill (SB) 806, includes multiple changes to the Board’s licensing fees that, if approved, would take effect January 1, 2022.

If signed into law, the Board will release additional information on its website as soon as possible regarding the new fee amounts, the timing of when licenses may be renewed, and other aspects of the bill that impact the public, applicants, and licensees. In the meantime, information on the bill may be accessed on the California Legislative Information Website.

The Statewide Overdose Safety (SOS) Workgroup has issued some best practices for physicians and surgeons who may have inherited patients on opioid medications due to the recent, abrupt closures of 29 California pain management centers in May 2021. The closure of the centers resulted in over 20,000 patients without referrals, medical records, or treatment plans, and created a potentially dangerous disruption in the care for patients receiving treatment with opioid therapy.

Beginning January 1, 2022, all prescriptions issued by a licensed prescriber will need to be done electronically pursuant to Assembly Bill (AB) 2789.

The Medical Board of California (Board) would like to inform you of a change in the United States Medical Licensing Examination’s (USMLE) policy regarding test attempts.

Beginning July 1, 2021, the USMLE’s attempt limit policy will be reduced from six attempts to four attempts per Step exam.

The USMLE Composite Committee, the governing body of USMLE, voted to change the number of allowed attempts to protect the integrity of the exam and to more closely match the USMLE attempt limits imposed by the majority of state medical boards.

For more information about the USMLE’s change in its attempt limit policy, visit the FAQs on the USMLE’s website. If you have questions about how this change impacts you, please email the Office of the USMLE Secretariat at USMLESec@nbme.org.

The Medical Board of California (Board) has learned that scam artists posing as U.S. Drug Enforcement Administration (DEA) agents or Board staff are calling California physicians as part of an extortion scheme. Updated: 6/08/21

The Medical Board of California (Board) would like to inform you that the fee charged to maintain the Controlled Substances Utilization Review and Evaluation System (CURES) is set to increase.

Wellness Is Racial Justice