Bill Text: CA AB834 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Physicians and surgeons and doctors of podiatric medicine: professional partnerships.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 166, Statutes of 2023. [AB834 Detail]

Download: California-2023-AB834-Amended.html

Amended  IN  Assembly  March 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 834


Introduced by Assembly Member Irwin

February 14, 2023


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


LEGISLATIVE COUNSEL'S DIGEST


AB 834, as amended, Irwin. Physicians and surgeons and doctors of podiatric medicine: professional partnerships.
Existing law, the Medical Practice Act, authorizes 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 delete the requirement that revise the above-described provisions to allow a majority of the partners and partnership interests to be physicians and surgeons or surgeons, osteopathic physicians and surgeons. surgeons, or doctors of podiatric medicine. The bill would also delete the prohibitions on additionally prohibit a partner who is not a physician and surgeon, doctor of podiatric medicine from practicing in the partnership or voting on partnership matters related to the practice of podiatric medicine that are outside the partner’s scope of practice. By imposing a new requirement under the Medical Practice Act, the violation of which is a crime, the bill would impose a state-mandated local program. The bill would correct an erroneous cross-reference and make other nonsubstantive changes.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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 physician physicians and surgeons or a partnership or group of doctors of podiatric medicine, respectively. Physician 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 physician and surgeons or osteopathic physician and surgeons. physicians and surgeons, osteopathic physicians and surgeons, or doctors of podiatric medicine.
(b) Notwithstanding Chapter 2 5 (commencing with Section 15001) 16100) of Title 1 2 of the Corporations Code, a partner who is not a physician and surgeon or a doctor of podiatric medicine shall not practice in the partnership or vote on partnership matters related to the practice of medicine medicine or podiatric medicine, respectively, that are outside his or her the partner’s scope of practice. All partners may vote on general administrative, management, and business matters.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 2416 of the Business and Professions Code is amended to read:
2416.

(a)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.

(b) Physicians and surgeons and doctors of podiatric medicine may establish a professional partnership that includes both physicians and surgeons and doctors of podiatric medicine.

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