2007 California Business and Professions Code Article 8.5. Special Permits

CA Codes (bpc:2168-2168.5)

2168.  (a) A special faculty permit authorizes the holder to
practice medicine only within the medical school itself and any
affiliated institution in which the permitholder is providing
instruction as part of the medical school's educational program and
for which the medical school has assumed direct responsibility. The
holder of a special faculty permit shall not engage in the practice
of medicine except as provided above.
   (b) Time spent in a faculty position under a special faculty
permit shall not be counted toward the postgraduate training required
for licensure and shall not qualify the holder of the permit for
waiver of any written examination required for licensure.
   (c) The medical school shall not appoint the holder of a special
faculty permit to a position as a division chief or head of a
department without express written authorization from the division.




2168.1.  (a) Any person who meets all of the following eligibility
requirements may apply for a special faculty permit:
   (1) Is academically eminent. For purposes of this article,
"academically eminent" means the applicant meets either of the
following criteria:
   (A) He or she holds or has been offered a full-time appointment at
the level of full professor in a tenure track position, or its
equivalent, at a California medical school approved by the Division
of Licensing.
   (B) He or she is clearly outstanding in a specific field of
medicine or surgery and has been offered by the dean of a medical
school in this state a full-time academic appointment at the level of
full professor or associate professor, and a great need exists to
fill that position.
   (2) Possesses a current valid license to practice medicine issued
by another state, country, or other jurisdiction.
   (3) Is not subject to denial under Section 480 or any provision of
this chapter.
   (4) Pays the fee prescribed for application for, and initial
licensure as, a physician and surgeon.
   (5) Has not held a position under Section 2113 for a period of two
years or more preceding the date of the application. The Division of
Licensing may, in its discretion, waive this requirement.
   (b) The Division of Licensing shall exercise its discretion in
determining whether an applicant satisfies the requirements of
paragraph (1) of subdivision (a).
   (c) (1) The division shall establish a review committee comprised
of two members of the division, one of whom shall be a physician and
surgeon and one of whom shall be a public member, and one
representative from each of the medical schools in California. The
committee shall review and make recommendations to the division
regarding the applicants applying pursuant to this section, including
those applicants that a medical school proposes to appoint as a
division chief or head of a department or as nontenure track faculty.

   (2) The representative of the medical school offering the
applicant an academic appointment shall not participate in any vote
on the recommendation to the division for that applicant.




2168.2.  An application for a special faculty permit shall be made
on a form prescribed by the Division of Licensing and shall include
any information that the Division of Licensing may prescribe to
establish an applicant's eligibility for a permit. This information
shall include, but is not limited to, the following:
   (a) A statement from the dean of the medical school at which the
applicant will be employed describing the applicant's qualifications
and justifying the dean's determination that the applicant satisfies
the requirements of paragraph (1) of subdivision (a) of Section
2168.1.
   (b) A statement by the dean of the medical school listing every
affiliated institution in which the applicant will be providing
instruction as part of the medical school's educational program and
justifying any clinical activities at each of the institutions listed
by the dean.



2168.3.  A special faculty permit may be denied, suspended, or
revoked for any violation that would be grounds for denial,
suspension, or revocation of a physician and surgeon's certificate,
or for violation of any provision of this article.  The holder of a
special faculty permit shall be subject to all the provisions of this
chapter applicable to the holder of a physician's and surgeon's
certificate.



2168.4.  (a) A special faculty permit expires and becomes invalid at
midnight on the last day of the permitholder's birth month during
the second year of a two-year term, if not renewed.
   (b) A person who holds a special faculty permit shall show at the
time of license renewal that he or she continues to meet the
eligibility criteria set forth in Section 2168.1.  After the first
renewal of a special faculty permit, the permitholder shall not be
required to hold a full-time faculty position, and may instead be
employed part-time in a position that otherwise meets the
requirements set forth in paragraph (1) of subdivision (a) of Section
2168.1.
   (c) In addition to the requirements set forth above, a special
faculty permit shall be renewed in accordance with Article 19
(commencing with Section 2420) in the same manner as a physician's
and surgeon's certificate.
   (d) Those fees applicable to a physician's and surgeon's
certificate shall also apply to a special faculty permit and shall be
paid into the State Treasury and credited to the Contingent Fund of
the Medical Board of California.


2168.5.  The Medical Board of California shall report to the
Legislature by December 31, 2011, on the status of the special
faculty permit program.