| 1 | | - | Assembly Bill No. 2164 CHAPTER 952An act to amend Section 2425 of, and to add Section 2090 to, the Business and Professions Code, relating to healing arts. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2164, Berman. Physicians and surgeons: licensure requirements: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require.This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license.Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license.This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2090 is added to the Business and Professions Code, to read:2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license.SEC. 2. Section 2425 of the Business and Professions Code is amended to read:2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 1 | + | Enrolled August 26, 2024 Passed IN Senate August 22, 2024 Passed IN Assembly May 16, 2024 Amended IN Assembly April 16, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2164Introduced by Assembly Member BermanFebruary 06, 2024An act to amend Section 2425 of, and to add Section 2090 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2164, Berman. Physicians and surgeons: licensure requirements: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require.This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license.Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license.This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2090 is added to the Business and Professions Code, to read:2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license.SEC. 2. Section 2425 of the Business and Professions Code is amended to read:2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 3 | | - | Assembly Bill No. 2164 CHAPTER 952An act to amend Section 2425 of, and to add Section 2090 to, the Business and Professions Code, relating to healing arts. [ Approved by Governor September 29, 2024. Filed with Secretary of State September 29, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 2164, Berman. Physicians and surgeons: licensure requirements: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require.This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license.Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license.This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Enrolled August 26, 2024 Passed IN Senate August 22, 2024 Passed IN Assembly May 16, 2024 Amended IN Assembly April 16, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2164Introduced by Assembly Member BermanFebruary 06, 2024An act to amend Section 2425 of, and to add Section 2090 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2164, Berman. Physicians and surgeons: licensure requirements: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require.This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license.Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license.This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | AB 2164, Berman. Physicians and surgeons: licensure requirements: disclosure. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons.Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require.This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license.Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license.This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. |
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| 24 | 34 | | |
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| 25 | 35 | | Existing law requires medical school graduates to obtain a physicians and surgeons postgraduate training license, and, for purposes of obtaining that license, to submit an application form and required primary source documents to the board. Existing law requires applicants for a physicians and surgeons certificate to include specified information in their application, including other information concerning the professional instruction and preliminary education of the applicant as the board may require. |
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| 26 | 36 | | |
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| 27 | 37 | | This bill would prohibit the board from requiring an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose specified information, including a condition or disorder that does not impair the applicants ability to practice medicine safely. The bill would provide that its provisions do not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, as specified. If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the bill would require the board to provide the applicant with information on the availability of a probationary or limited practice license. |
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| 28 | 38 | | |
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| 29 | 39 | | Existing law authorizes the board to prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. Existing law requires each licensed physician to complete, sign, and return the questionnaire to the board as a condition of renewing their license. |
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| 30 | 40 | | |
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| 31 | 41 | | This bill would require each licensed physician to complete, sign, and return the questionnaire either electronically or by mail. The bill would prohibit the questionnaire from requiring the disclosure of any prohibited information, as described above. |
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| 32 | 42 | | |
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| 33 | 43 | | ## Digest Key |
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| 34 | 44 | | |
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| 35 | 45 | | ## Bill Text |
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| 36 | 46 | | |
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| 37 | 47 | | The people of the State of California do enact as follows:SECTION 1. Section 2090 is added to the Business and Professions Code, to read:2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license.SEC. 2. Section 2425 of the Business and Professions Code is amended to read:2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 38 | 48 | | |
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| 39 | 49 | | The people of the State of California do enact as follows: |
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| 40 | 50 | | |
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| 41 | 51 | | ## The people of the State of California do enact as follows: |
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| 42 | 52 | | |
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| 43 | 53 | | SECTION 1. Section 2090 is added to the Business and Professions Code, to read:2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. |
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| 44 | 54 | | |
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| 45 | 55 | | SECTION 1. Section 2090 is added to the Business and Professions Code, to read: |
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| 46 | 56 | | |
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| 47 | 57 | | ### SECTION 1. |
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| 48 | 58 | | |
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| 49 | 59 | | 2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. |
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| 50 | 60 | | |
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| 51 | 61 | | 2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. |
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| 52 | 62 | | |
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| 53 | 63 | | 2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following:(1) A condition or disorder that does not impair the applicants ability to practice medicine safely.(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely.(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. |
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| 54 | 64 | | |
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| 55 | 65 | | |
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| 56 | 66 | | |
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| 57 | 67 | | 2090. (a) The board shall not require an applicant for a physicians and surgeons license or a physicians and surgeons postgraduate training license to disclose either of the following: |
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| 58 | 68 | | |
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| 59 | 69 | | (1) A condition or disorder that does not impair the applicants ability to practice medicine safely. |
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| 60 | 70 | | |
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| 61 | 71 | | (2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicants ability to practice medicine safely. |
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| 62 | 72 | | |
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| 63 | 73 | | (b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California. |
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| 64 | 74 | | |
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| 65 | 75 | | (c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license. |
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| 66 | 76 | | |
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| 67 | 77 | | SEC. 2. Section 2425 of the Business and Professions Code is amended to read:2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 68 | 78 | | |
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| 69 | 79 | | SEC. 2. Section 2425 of the Business and Professions Code is amended to read: |
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| 70 | 80 | | |
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| 71 | 81 | | ### SEC. 2. |
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| 72 | 82 | | |
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| 73 | 83 | | 2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 74 | 84 | | |
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| 75 | 85 | | 2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 76 | 86 | | |
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| 77 | 87 | | 2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely.(b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license.(c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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| 78 | 88 | | |
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| 79 | 89 | | |
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| 80 | 90 | | |
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| 81 | 91 | | 2425. (a) The board may prepare and provide electronically or by mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physicians ability to practice medicine safely. |
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| 82 | 92 | | |
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| 83 | 93 | | (b) Each licensed physician shall complete, sign, and return the questionnaire either electronically or by mail to the board as a condition of renewing their license. |
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| 84 | 94 | | |
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| 85 | 95 | | (c) The questionnaire described in this section shall not require disclosure of any information prohibited under Section 2090. |
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