Laws

Laws, regulations, pending legislation, and precedential decisions governing the practice of medicine and other allied health professionals.

Key Legislation Bringing Significant Changes to the Medical Board of California Starting January 1, 2022

Fee Increases, and Licensing and Enforcement Changes Included in New Law

Senate Bill (SB) 806, signed into law by Governor Newsom in October 2021 brings multiple changes to the Medical Board of California (Board), and its applicants, licensees, and public stakeholders, beginning January 1, 2022. This webpage explains the major changes in the law enacted by SB 806. Soon, the Board's other relevant website content will be updated to reflect these changes.

Changes Impacting All Board Applicants and Licensees

Fee Increases: In recent years, the Board's expenditures have exceeded its revenue. Therefore, SB 806 increases all application, initial licensure, and renewal fees. This table shows each fee amount in 2021 and the new amounts effective January 1, 2022:

Increased Board Fees

Name Prior Fee Amount New Fee Amount
Penalty Fee - Physician & Surgeon $ 391.50 $ 431.50
Penalty Fee - Special Faculty Permit $ 391.50 $ 431.50
Registration - Research Psychoanalyst $ 100.00 $ 150.00
Fictitious Name Permit $ 50.00 $ 70.00
Application Processing Fee $ 442.00 $ 625.00
Postgraduate Training License Application Fee $ 442.00 $ 625.00
Initial License Fee - Physicians & Surgeons $ 783.00 $ 863.00
Initial License Fee - Special Faculty Permit $ 783.00 $ 863.00
1/2 Initial License Fee - Physicians & Surgeons $ 391.50 $ 431.50
Special Faculty Permit - Application Fee $ 442.00 $ 625.00
Duplicate Fictitious Name Permit $ 30.00 $ 40.00
Biennial Renewal - Research Psychoanalyst $ 50.00 $ 75.00
Fictitious Name Renewal VARIABLE $ 50.00
Biennial Renewal - Physicians & Surgeons $ 783.00 $ 863.00
Biennial Renewal - Special Faculty Permit $ 783.00 $ 863.00
Delinquent Fee - Physician & Surgeon $ 78.00 $ 86.30
Delinquent Fee - Special Faculty Permit $ 78.00 $ 86.30

Increased Fees for Licensed Midwifery Program

Name Prior Fee Amount New Fee Amount
Application Fee - License $ 300.00 $ 450.00
Renewal Fee - Biennial $ 200.00 $ 300.00

Increased Fees for Polysomnography

Name Prior Fee Amount New Fee Amount
Polysomnography Trainee Application Fee $ 100.00 $ 120.00
Polysomnography Technician Application Fee $ 100.00 $ 120.00
Polysomnography Technologist Application Fee $ 100.00 $ 120.00
Polysomnography Trainee Regular Fee $ 100.00 $ 120.00
Polysomnography Technician Regular Fee $ 100.00 $ 120.00
Polysomnography Technologist Regular Fee $ 100.00 $ 120.00
Polysomnography Trainee Biennial Renewal Fee $ 150.00 $ 220.00
Polysomnography Technician Biennial Renewal Fee $ 150.00 $ 220.00
Polysomnography Technologist Biennial Renewal Fee $ 150.00 $ 220.00

Fees for Late License Renewals: Licensees who renew their license more than 30 days late will face penalty and delinquency fees, rather than after 90 days.

Email Addresses Required: All applicants and licensees must obtain an email address (if they do not currently possess one) and provide it to the Board no later than July 1, 2022. The Board will provide additional instructions on this requirement prior to this deadline.

Appointment of an Enforcement Monitor: By March 1, 2022, the Director of the Department of Consumer Affairs shall appoint an Enforcement Monitor who will review the Board's enforcement processes and issue two public reports by 2023.

Authorizes a Confidential Letter of Advice: Authorizes the Board to develop regulations that would allow the Board's executive director to issue a confidential letter of advice to resolve complaints involving certain minor violations of the law that are not related to patient care.

Enhanced Online Application Processes: The Board is authorized to shift from paper applications and renewals to online applications and renewals. This change will save paper, help avoid documents being lost, and streamline document processing. The Board will communicate to applicants and licensees prior to the implementation of any new processes.

Physician Applicants and Licensees

Enforcement

Cost Recovery for Investigation and Prosecution Costs: The bill restores the Board's authority to recover costs incurred during the investigation and prosecution of a disciplined physician and surgeon (P&S).

Malpractice Settlement Disclosure: Requires a P&S (or their insurer/legal counsel) to provide the Board a copy of their malpractice settlement agreement if it includes a judgment in an amount greater than $30,000.

Licensure

Changes to Licensing Requirements: Residents are authorized to obtain a P&S license after receiving credit for either 12 months (for graduates of U.S. or Canadian medical schools) or 24 months (for graduates of international medical schools) of board-approved postgraduate training (PGT). Training must be accredited by the Accreditation Council for Graduate Medical Education (ACGME), Royal College of Physicians and Surgeons of Canada (RCPSC), or The College of Family Physicians of Canada (CFPC).

Medical school graduates who enroll in a California ACGME-accredited PGT program will still be required to obtain a postgraduate training license (PTL) within 180 days of their enrollment. In addition, PTL's may be issued up to 15 months (for U.S. and Canadian medical school graduates) or 27 months (for international medical school graduates) to allow PTL holders to continue training in their California PGT program while transitioning to a P&S license. The Board is authorized to extend these timeframes, within its discretion, to allow the PTL holder to receive the PGT credit required for licensure.

Changes to Initial P&S License Renewal Requirements: When a P&S license holder, issued on or after January 1, 2022, first renews their license (24 months after issuance), they will be required to show evidence of receiving credit for 36 months of board-approved PGT, which includes successful progression through 24 months in the same program. The law allows the Board to grant residents an additional 60 days to meet this requirement. Those who do not provide the required documentation by their license expiration date will have their license placed in delinquent status and be unable to practice medicine.

Special Permit Cancelations: Clarifies the circumstances whereby a special permit holder, their sponsoring facility, or the Board may cancel a special permit issued pursuant to Business and Professions Code sections 2111, 2112, and 2113.

Licensed Midwives

Review of Quality-of-Care Complaints: Clarifies the existing requirement that complaints involving the quality of care provided by a licensed midwife must be reviewed by an expert with pertinent education, training, and expertise in midwifery before being referred to a field investigation.

For more information on SB 806, please visit the California Legislative Information Website.