2007 California Business and Professions Code Article 10. Federal Personnel

CA Codes (bpc:710-718)

710.  It is the policy of the State of California that, consistent
with high quality health care services, persons with skills,
knowledge and experience obtained in the armed services of the United
States should be permitted to apply such learning and contribute to
the health manpower needs of the state at the maximum level of
responsibility and skill for which they are qualified.
   To this end, the rules and regulations of boards under this
division shall provide for methods of evaluating education, training,
and experience obtained in military service if such training is
applicable to the requirements of that profession.



715.  Unless otherwise required by federal law or regulation, no
board under this division which licenses dentists, physicians and
surgeons, podiatrists, or nurses may require a person to obtain or
maintain any license to practice a profession or render services in
the State of California if one of the following applies:
   (a) The person practicing a profession or rendering services does
so exclusively as an employee of a department, bureau, office,
division, or similarly constituted agency of the federal government,
and provides medical services exclusively on a federal reservation or
at any facility wholly supported by and maintained by the United
States government.
   (b) The person practicing a profession or rendering services does
so solely pursuant to a contract with the federal government on a
federal reservation or at any facility wholly supported and
maintained by the United States government.
   (c) The person practicing a profession or rendering services does
so pursuant  to, or as a part of a program or project conducted or
administered by a department, bureau, office, division, or similarly
constituted agency of the federal government which by federal statute
expressly exempts persons practicing a profession or rendering
services as part of the program or project from state laws requiring
licensure.


716.  Notwithstanding any other provision of law, a board under this
division may deny issuance of a license to an applicant or take
disciplinary action against the holder of a California license for
acts or omissions committed by the applicant or licensee in the
course of professional practice or rendering services described in
Section 715 if both of the following apply:
   (a) The acts or omissions committed by the applicant or licensee
constituted grounds for denial or discipline pursuant to the laws of
this state governing licensees or applicants for licensure for the
profession or vocation in question.
   (b) The acts or omissions constituting the basis for denial or
discipline by the agency were not authorized, exempted or rendered
inconsistent by federal statute.


717.  This article is not intended to address the scope of practice
of a dentist, physician and surgeon, or nurse licensed under this
division, and nothing in this article shall be construed to restrict,
expand, alter, or modify the existing scope of practice established
by federal statute or regulation.


718.  A physician and surgeon who is not licensed in this state but
who is a commissioned officer on active duty in the medical corps of
any branch of the armed forces of the United States may engage in the
practice of medicine as part of a residency, fellowship, or clinical
training program if all the following conditions are met:
   (a) The residency, fellowship, or clinical training program is
conducted by a branch of the armed forces of the United States at a
health facility on a federal reservation and limited in enrollment to
military physicians on active duty in the medical corps of a branch
of the armed forces of the United States.
   (b) The residency, fellowship, or clinical training program, as
part of its program, contracts with or affiliates with a similar
program in or at a health facility not on a federal reservation to
offer specific courses or training not available at the facility
located on the federal reservation.
   (c) The officers enrolled in the residency, fellowship, or
clinical training program restrict their practice only to patients
who are seen as part of their duties in the program.
   (d) The compensation received by the officers enrolled in the
residency, fellowship, or clinical training program is limited to
their regular pay and allowances as commissioned officers.
   (e) The officers enrolled in the training programs or portions of
training programs not conducted on a federal reservation shall
register with the Division of Licensing of the Medical Board of
California on a form provided by the division.