AMENDED IN SENATE MAY 24, 2023

AMENDED IN ASSEMBLY MARCH 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

95

CHAPTER 166

Statutes of 2023

[ Approved by Governor September 8, 2023. Filed with Secretary of State September 8, 2023. ]

Introduced by Assembly Member Irwin

February 14, 2023

An act to amend Section 2416 of the Business and Professions Code, relating to healing arts.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law establishes the California Board of Podiatric Medicine within the Medical Board of California for the licensing, regulation, and discipline of podiatrists. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce the Medical Practice Act with respect to its licensees. Existing law makes a violation of specified provisions of the Medical Practice Act a crime.

The Medical Practice Act authorizes physicians and surgeons and doctors of podiatric medicine to establish a professional partnership or group that includes both physicians and surgeons and doctors of podiatric medicine if a majority of the partners and partnership interests in the professional partnership are physicians and surgeons or osteopathic physicians and surgeons. Existing law prohibits a partner who is not a physician and surgeon from practicing in the partnership or voting on partnership matters related to the practice of medicine that are outside the partner’s scope of practice.

This bill would revise the above-described provisions to allow a majority of the partners and partnership interests to be physicians and surgeons, osteopathic physicians and surgeons, or doctors of podiatric medicine. The bill would correct an erroneous cross-reference and make other nonsubstantive changes.

The people of the State of California do enact as follows:

SECTION 1.

Section 2416 of the Business and Professions Code is amended to read:

2416.

Physicians and surgeons and doctors of podiatric medicine may conduct their professional practices in a partnership or group of physicians and surgeons or a partnership or group of doctors of podiatric medicine, respectively. Physicians and surgeons and doctors of podiatric medicine may establish a professional partnership that includes both physician and surgeons and doctors of podiatric medicine, if both of the following conditions are satisfied:

(a) A majority of the partners and partnership interests in the professional partnership are physicians and surgeons, osteopathic physicians and surgeons, or doctors of podiatric medicine.

(b) Notwithstanding Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code, a partner who is not a physician and surgeon shall not practice in the partnership or vote on partnership matters related to the practice of medicine that are outside the partner’s scope of practice. All partners may vote on general administrative, management, and business matters.