California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5 — MedicineArticle 4 — Requirements for LicensureSection 2090

(a) The board shall not require an applicant for a physician’s and surgeon’s license or a physician’s and surgeon’s postgraduate training license to disclose either of the following:

(1) A condition or disorder that does not impair the applicant’s ability to practice medicine safely.

(2) A condition or disorder for which the applicant is receiving appropriate treatment and which, as a result of the treatment, does not impair the applicant’s ability to practice medicine safely.

(b) This section does not prohibit the board from requiring an applicant to disclose participation in a mental health or substance use disorder treatment program, including an impaired practitioner program, resulting from an accusation or disciplinary action brought by a licensing board in or outside of California.

(c) If an applicant discloses that they currently have a condition or disorder that impairs their ability to practice medicine safely, the board shall provide the applicant with information on the availability of a probationary or limited practice license.

Notes

Prohibits the board from requiring a physician-and-surgeon or postgraduate-training license applicant to disclose a condition that does not impair safe practice, including one rendered nonimpairing by appropriate treatment. The board may require disclosure of treatment-program participation resulting from licensing accusations or discipline and must provide limited-license information when an applicant discloses a currently impairing condition.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2090 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-4/section-2090

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