Fictitious Name Permit - Frequently Asked Questions
When do I need a fictitious name permit?
If you are a licensed physician and surgeon, or podiatrist, practicing under a fictitious,
false or assumed name in any public communication, advertisement, sign or announcement.
Example: "Sunrise Medical Group."
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When do I not need a fictitious name permit?
If only the name or surname (last name) of the physician or podiatrist is used,
followed by Medical Doctor, M.D., Podiatrist, Doctor of Podiatric Medicine, D.P.M.,
Medical Corporation, Medical Corp., Podiatry Corporation, Podiatry Corp., Professional
Corporation, Prof. Corp., Corporation, Corp., Incorporated or Inc. Examples: "John
Doe Medical Corporation" or "John Doe, M.D. Inc." would not require
a fictitious name permit as long as John Doe matches the legal name on the physician's
medical license.
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Are there specific name style requirements for fictitious name permits?
Yes. The proposed name cannot be misleading, deceptive, confusing, or similar to
a previously issued name. A doctor of podiatric medicine must include the designation
(word) "podiatric," "podiatry," "podiatrist," "foot" or "ankle." (Title 16, Division
13.9, Section 1399.688(b) of the California Code of Regulations.)
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What is the fee?
A $50 non-refundable processing fee is required, with a renewal fee of $40 every
two years. The check should be made payable to the Medical Board of California.
A renewal notice automatically will be mailed to the practice address approximately
90 days before the permit expires.
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How do I get a copy of my fictitious name permit?
Click on Application for a Duplicate Fictitious
Name Permit and download (print) the document. Complete it and mail it along
with the fee to the address listed on the application. Or, you may print an Internet
verification of the permit by clicking License
Search and downloading (printing) the document.
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How do I renew my current permit?
Approximately 90 days before the permit expires, you will receive a renewal notice
in the mail. If you do not receive your notice or have lost the notice, you may
use the form titled Fictitious Name Permit Notification of Renewal/Hold/Release.
The usual fee is $40, every two years. If the permit has become delinquent, an additional
fee of $20 is required for a total of $60. To check the status of the permit, click
on "License Search for Fictitious Name Permit." If the permit has been expired for
more than 30 days past the expiration date, the total fee would be $60. If the permit
is less than 30 days past the expiration date, the fee would be $40.
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When choosing a fictitious name, what are some tips to increase
the chance of the name being approved?
Before selecting a fictitious name, visit our link
License Search to determine the availability of a fictitious
name. Try to avoid names that include initials, abbreviations, acronyms, symbols
or misspellings. Stay away from names that only contain generic medical words or
terms. If the name is unoriginal/common, chances are it has already been issued.
Remember, you are competing with physicians not only in your immediate city or county,
but the entire state of California. If you already have an FNP and are applying
for a different name, do not attempt a name that is similar to the one you already
have for the purpose of public recognition. As stated above, the criteria for approving
a name is that it not be deceptive, misleading, confusing or similar to a name which
has already been issued, regardless of who owns the similar name.
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Are words allowed that are not in English?
Yes. Keep in mind that the same name style requirements apply, as stated above.
Be sure to include, on a separate attachment, the English translation of all non-English
words.
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If an FNP is issued by the Medical Board, am I still required to
file for a fictitious name with my local county and city agencies?
Contact your local county and city agencies. The Medical Board is a state agency
and, as such, cannot provide an answer regarding local requirements. The answer
may be different, depending upon where the physician is practicing medicine.
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Once I apply for and receive my fictitious name permit, are there
any other permits or certificates of registration that are required from the Medical
Board?
No. As long as the physician's medical license is renewed and current, the Board
does not require anything further. For questions regarding corporations, contact
the Secretary of State at (916) 657-5448.
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Can you have more than one location for each FNP?
Yes. As long as the fictitious name is exactly the same at each location and the
owners notify the Medical Board in writing of each practice address. The Board's
data system can only reflect two practice addresses. Additional addresses will be
added to the hard copy file.
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Is there a limit as to how many FNPs a physician may be issued?
No, as long as the names are different from each other. A separate application must
be submitted for each fictitious name. Physicians doing business as a corporation
also may file for multiple permits under the same corporation.
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How can the fictitious name be changed?
If the new name is similar to the issued name, the current permit must be cancelled
and the applicant must reapply for the new name. Complete the forms
Application for Cancellation of a Fictitious
Name Permit and Fictitious Name Permit Application.
Both forms should be mailed at the same time.
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Is the FNP transferable if a medical practice is purchased by another
physician?
No. The former owner must submit an Application
for Cancellation of a Fictitious Name Permit to cancel the permit and the
new owner must submit a Fictitious Name Permit
Application. Both forms should be mailed at the same time to assure the
name will be available to the new owner.
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Can shareholders or partners be added or deleted from the permit?
Yes. If there are multiple owners of the permit, and you would like to associate
or disassociate shareholders or partners, complete the
Fictitious Name Permit Notification of Shareholders Change (if a corporation),
or Fictitious Name Permit Notification of Partnership
Change (if a partnership) form and mail it to the Medical Board.
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Can a lay person be an owner or partial owner of an FNP?
No.
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What type of corporation is necessary to meet the requirements
for an FNP?
The Medical Board can only accept corporations that are formed in California and
are professional medical corporations. No out-of-state (foreign), limited liability,
or general corporations are allowed.
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Are Limited Liability Partnerships (LLPs) and Limited Liability
Corporations (LLCs) allowed?
No. Physicians cannot practice medicine as LLPs or LLCs.
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Who can form a partnership with a physician to practice medicine?
Physicians may only be partners with other physicians and osteopaths or podiatrists
(see Business & Professions Code section 2416).
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Does a non-profit corporation meet the requirements for an FNP?
No. Non-profit corporations do not fall under the jurisdiction of the Medical Board.
Only professional medical corporations are qualified for FNPs.
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If I apply as a corporation, do I need to incorporate with the
Secretary of State before I apply for my FNP?
Yes. The Board requires a copy of the Articles of Incorporation to insure that the
corporation is active and is a professional medical corporation. If a corporate
name is issued by the Secretary of State and
is not available as a fictitious name, the physician has the option of amending
the corporate name to match the fictitious name. This amendment should be done after
the fictitious name has been issued by the Board. The corporate name may be different
from the fictitious name.
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If I receive my corporate name from the
Secretary of State and plan on advertising under the same fictitious name,
do I still need to get an FNP from the Medical Board?
Yes. The approval of the corporate name does not give permission to advertise that
name to the public if it is a fictitious name.
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Do I need an FNP for my corporate name if I receive a corporate
name from the Secretary of State and will not
advertise with that name?
No. A Fictitious Name Permit is not required as long as the corporate name is not
seen by the general public.
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Do I need to inform the Medical Board if I amend my corporate name
at a future time?
No. The Board would only need to be notified if there is a complete change of the
corporation. This would only apply to physicians who have an FNP with the Board.
Any other corporate matters should be addressed to the
Secretary of State. They can be reached at (916) 657-5448.
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Who can be an owner of a professional medical corporation?
At least 51% of the shares must be owned by a licensed physician and surgeon. The
remaining 49% may be owned by: podiatrists, psychologists, registered nurses, optometrists,
marriage and family therapists, clinical social workers, physician assistants, chiropractors,
acupuncturists, or naturopathic doctors. The number of these licensed persons cannot
exceed the number of physicians and cannot exceed a combined share total of 49%.
A lay (unlicensed) person cannot own any shares of a medical corporation.
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How long will it take to get a fictitious name permit?
From the time that the application is received, approximately four to six weeks.
The Board has no provision to expedite the review of an application. The application
must be reviewed in the order in which it was received.
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Does it speed up the review process if I hand deliver the application?
No. The application still will be reviewed in the order in which it was received,
whether received in the mail or hand delivered.
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How do I notify the Board of a change of address?
Complete and mail the form entitled, Fictitious
Name Permit-Change of Address Form. The form must be signed by a current
owner of the permit.
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What if I decide to cancel my permit?
Complete the form entitled, Application for
Cancellation of a Fictitious Name Permit. The form must be signed by at
least one physician who is recognized by the Board as being a current owner. Mail
the form to the address listed at the top of the application. There is no fee to
cancel the permit.
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What if I change the way I am doing business? For instance, changing
from a sole proprietor to a corporation.
You must reapply for a new FNP. Submit an Application
for Cancellation of a Fictitious Name Permit to cancel the existing permit
and include a Fictitious Name Permit Application
to reapply for the new permit. Make sure to mail the two forms together to assure
the name will be available.
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What if I have paid the renewal fees on my current permit but did
not receive a new permit?
You may have had a change of address or failed to complete the renewal form in its
entirety. When this happens, the fees still are collected by the cashiering unit
but a hold is sometimes placed on the permit. This insures that
the new permit is not mailed to an incorrect address and that an unauthorized person
has not signed for the renewal of the permit. Please see next question.
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What should I do if a hold has been placed on my permit?
Complete and mail to the Board the form entitled,
Fictitious Name Permit Notification of Renewal/Hold Release. The form must
be signed by a physician who is recognized by the Board as being a current owner.
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What if I am no longer using the permit and choose not to renew
it?
If the permit is not renewed, it will fall into delinquent status. If the permit
has not been renewed for five years, the system is programmed to automatically cancel
the permit as required by law. The owner of the permit has the option of submitting
an Application for Cancellation of a Fictitious
Name Permit at any time. No fee is charged to cancel the permit.
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What happens if my application is reviewed and the proposed name
is not available/allowed or other problems are discovered?
After the application has been reviewed, the permit will be issued
and mailed to the applicant or a notice will be sent indicating
deficiencies that need to be corrected for the permit to be approved. If the name
is not available, call the FNP coordinator at the phone number provided on the deficiency
notice to discuss possible changes in the name. After you speak with the coordinator,
alternate names may be faxed for review and the application will be given priority
over applications that have not been reviewed. Be sure to make the corrections on
the original applications. You may white out or cross out mistakes; just be sure
the application is still legible. Once the corrections have been made and the application
has been received by the Board, the permit is usually issued within seven to 10
days.
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Are there any medical practices that are exempt from needing an
FNP?
Yes. Licensees who contract with, are employed by, or are on the staff of 1. any
clinic licensed by the Department of Public Health under Chapter 1 (commencing with
Section 1200) of Division 2 of the Health and Safety code, or 2. any medical school
approved by the division or a faculty practice plan connected with that medical
school, or 3. an outpatient surgery setting accredited by an accreditation agency
approved by the Medical Board are not required to obtain a fictitious
name permit. The four approved accreditation agencies are: "The Institute for Medical
Quality," "Accreditation Association for Ambulatory Health Care," "American Association
for Accreditation of Ambulatory Surgery Facilities, Inc." and "Joint Commission
on Accreditation of Healthcare Organizations."
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If I am advertising under my own name, and want to let the public
know what I specialize in, is a fictitious name permit required?
No, as long as the specialty listed is not part of the name you are advertising.
Example: JOHN DOE, M.D. (Specializing in Pediatrics)
would not require a permit. JOHN DOE, M.D.
PEDIATRIC SPECIALTY would require a permit.
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Can a permit be issued to a physician who is not licensed in California?
No.
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If the physician would like to change his/her own name, is applying
for an FNP the correct procedure?
No. The physician should complete the Board's Notification
of Name Change application to change his/her name on the medical license.
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If a similar fictitious name permit was previously issued by the
Board, but is in delinquent status (unpaid renewal fees), is the name available?
No. The current permit must be cancelled before the name can be issued.
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Does the Board need to be notified if there is an employee change
to the permit?
No. The Board only needs to be notified if there is a change of shareholders or
partners.
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Is it OK to advertise a shortened version of the fictitious name?
No. The entire name as it appears on the permit must be on all advertisements and
materials seen by the public.
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Does a hospital corporation or surgery center having a Department
of Public Health certification and/or licensure need to obtain a fictitious name
permit from the Medical Board of California?
No. Pursuant to Business and Professions Code sections 2285 (b) and (c) and 2415
(d), only a physician and surgeon or doctor of podiatric medicine who is a sole
proprietor, or in a partnership, group, or professional corporation, may obtain
a fictitious name permit issued by the Board.
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