Health Care Practitioners Who Are Licensed in Other States, But Not California, Can Offer Services in California

The California Medical Board has adopted regulations pursuant to California law, allowing healthcare practitioners who are licensed in states outside California, to offer healthcare services in California, on a volunteer basis.The California Medical Board has announced:

The Medical Board of California is the first licensing board to adopt regulations for AB 2699, Bass (Chapter 270, Statutes of 2010), which now allows healthcare practitioners, who are licensed in other states, to provide voluntary health care services to uninsured and underinsured Californians on a short-term basis at a sponsored event, without obtaining California licensure. These regulations were needed in order to implement that law.

There are thousands of individuals in California who are lacking basic health care services and preventive care; there is also a shortage of volunteer healthcare professionals in this state. California’s restrictions that prohibited volunteer out-of-state licensed medical professionals from providing short-term services at these free health fairs, resulted in residents being turned away.

With the passing of this legislation, physicians (M.D.s) who are licensed in states other than California may now volunteer to provide services at health care events in California. No California medical license is needed; however, physicians (M.D.s) must register with the Medical Board of California and hold a current valid medical license in good standing in another state, and the practitioner must submit fingerprints for a criminal background check. The out-of-state practitioner must provide the services on a voluntary basis, without charge to uninsured and underinsured persons at a sponsored healthcare event lasting 10 days or less.

“The mission of the Medical Board is public protection, and this action reflects the Board’s ongoing commitment to that mission,” said Linda Whitney, executive director of the Medical Board.

Physicians (M.D.s) and free health care event sponsors can download the regulations, registration forms, required signage, and instructions at the Medical Board of California Web site http://www.mbc.ca.gov/licensee/sponsored_free_health_care_events.html
Sponsors of free health care events must register with the Medical Board at least 90 days before the event is held.

The California medical board further explains:

AB 2699 added California Business and Professions Code Section 901 (B&P Section 901), which provides a framework whereby healing arts boards are authorized to adopt regulations under which a health care practitioner licensed and in good standing in another state, district or territory of the United States may, under specified conditions, provide health care services for a limited time in California without obtaining California licensure. These professional services only can be provided at free health care events sponsored by certain entities.

GOVERNING REGULATIONS:

Although AB 2699 became effective in 2011, the program could not be implemented until regulations were in place. The Board has adopted Sections 1333,1333.1,1333.2, and 1333.3 of Title 16 of the California Code of Regulations to implement the provisions of B&P Section 901. Click on this link to view the regulations. These regulations only apply to out-of-state M.D.s. Other healthcare professionals should check with the appropriate California board for eligibility requirements to participate in free health care events.

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A person who is not licensed to practice medicine in California but who holds a current valid M.D. license or certificate in good standing in another state, district, or territory of the United States to practice medicine can volunteer to provide medical services at a sponsored free health care event.

An out-of-state M.D. cannot apply independently; each application must specify the event at which the M.D. wants to volunteer.

Note for California Licensees: A California licensed M.D. may volunteer to provide medical services at a free health care event if your California license is (1) renewed and current or (2) in a volunteer status. No further action is required before offering/volunteering services.

Application Process and Fees: An out-of-state licensed M.D. may request authorization to participate in a sponsored free health care event by submitting to the Board a completed “Request for Authorization to Practice Without a California License at a Sponsored Free Health Care Event,” Form 901-B.

If the application is approved, the Board will notify both the out-of-state M.D. and the sponsoring entity that authorization has been given for the M.D. to participate in a specific free health care event; the authorization period may not be for more than 10 days.

An out-of-state M.D. must submit a new application and processing fee for each health event at which he or she wants to volunteer….

Is this a telemedicine statute? Not exactly. Telemedicine (or online health) can refer to two different things:

• Rendering medical services via Skype, the Internet, or otherwise remotely, within a state (for example, to rural patients)
• Delivering medical services online to patients out of state

The latter form of telemedicine raises legal issues such as:

• In what state(s) does the healthcare practitioner (or physician) have to be licensed
• Is a face-to-face physical exam required or can the healthcare licensee conduct a more limited, online exam
• What is the standard of care
• Is there a higher standard in terms of good faith exam for online prescription (whether Rx or controlled substances)
• Does telemedicine apply to alternative therapies such as homeopathy, naturopathy, acupuncture and oriental medicine, etc.
• Is telemedicine regulated by statute, Board regulations, or otherwise
• What liabilities attach?

The new regulation announced by the California medical board is an exception to the rule that normally, physicians must be licensed within the state in order to provide medical services to their patients. Telemedicine rules sometimes operate as an exception, so there is a rough analogy, but here the intent is to help fill in the gaps in service by creating a limited exception for doctors licensed elsewhere.

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