Administrative Law Topics: License Applications / Renewals

License Applications and Renewals

Medical Board of California Issues Medical License to Foreign Medical Graduate

by Adam G. Slote on May 30, 2010

A board certified physician practicing in another state accepted employment at a reputable California health care facility and applied for licensure in California.  After several months of delays, a Medical Board representative was unwilling to accept the doctor’s clinical experience from a reputable European institution approved by the Medical Board.  Ironically, the institution has a longer history than the State of California. 

Court Orders California Medical Board to permit examinee to retake USMLE Part III and to establish a passing score by resolution

by Adam G. Slote on March 02, 2010

On March 1, 2010, the California Court of Appeal filed its decision in YVETTE MARQUEZ v. MEDICAL BOARD OF CALIFORNIA, California Court of Appeal Case No. C060456.

Medical license applicants in California are required to pass certain examinations including the United States Medical Licensing Examination (USMLE). Applicants must pass each of three parts to the examination. To be eligible for a California license, an applicant must pass Part III of the exam within four attempts. The examination is administered by the Federation of State Medical Boards (FSMB), which establishes a recommended minimum score.

California Court of Appeal Finds that Conviction for Spousal Battery is Grounds for Denial of a Real Estate License

by Adam G. Slote on December 28, 2009

On December 2, 2009, the California Court of Appeal filed its decision in the case of Donley v. Davi, Case No. C058975.

The Department of Real Estate (DRE) denied Donley’s application for a real estate salesperson’s license because he had been convicted of spousal battery in violation of Penal Code section 273.5, a misdemeanor. The DRE did, however, issue Donley a restricted real estate salesperson’s license after finding partial rehabilitation.

California Medical Association Sues Governor Over Delay in Processing License Applications at the California Medical Board

by Adam G. Slote on October 15, 2009

On October 14, 2009, the California Medical Association (CMA) filed suit against the Governor of the State of California seeking to stop the furloughs of employees at the California Medical Board. The furloughs have increased delays in processing license applications at the Medical Board of California.

My California R.N. license is expired. Can I renew my nursing license without taking the exam again?

by Adam G. Slote on September 09, 2009

If it has been less than eight years since your license expired, you may submit a delinquent renewal fee and proof of 30 hours of continuing education within the prior two-year period. If more than eight years have passed, you may submit a delinquent renewal fee, 30 hours of continuing education, and proof of competency to practice by either a verification of a current active license in another state, or by retaking the licensing exam.

Can the Medical Board of California deny a medical license because of one DUI conviction? One Superior Court said, "No."

by Adam G. Slote on September 08, 2009

A few years ago, the Medical Board of California denied the medical licenses of several medical residents based on the fact that they had been convicted of driving under the influence. I represented one of the medical residents, whose entire criminal record consisted of a single conviction for driving under the influence of alcohol. Prior to that time, the Medical Board had routinely granted medical licenses (physician and surgeon’s certificates) to applicants who had been convicted of a single DUI.

"Furlough Fridays" Delay Issuance of Medical Licenses; Administrative Hearings Delayed 180 Days.

by Stephen M. Boreman on August 24, 2009

Alleged bureaucratic inefficiency and the Governor's insistence that all state agencies furlough their employees three days per month, including licensing boards whose budgets are fully funded from licensing fees, may be causing serious delays in the licensing process that could cost a physician his or her job. A process that should take six months or less may now exceed nine months' duration. The Medical Board of California website states that applications for medical licenses "must be reviewed by staff within 60 working days".

Can a licensing agency deny or delay my license renewal because of allegations against me?

by Adam G. Slote on August 24, 2009

No. A license renewal is generally a ministerial act, which means that the government does not have discretion. Typically, a license renewal requires payment of a fee, submission of a form disclosing changes in background information and proof of continuing education. Upon meeting the renewal requirements, the licensing agency must issue the license renewal. In order to take disciplinary action, the agency must file an Accusation.

If I am applying for a California medical license and I receive a letter of pending denial of licensure, what are my options?

by Stephen M. Boreman on August 24, 2009

California Government Code section 11504 provides that applicants for licensure have a right to a hearing to determine whether they meet the criteria for fitness and licensure. You may request a hearing and a Statement of Issues will be filed and an administrative hearing scheduled with the Office of Administrative Hearings. These hearings are held in San Francisco, Sacramento, Los Angeles or San Diego. Prior to a hearing, the Licensing Division of the Medical Board may offer you a probationary license, or you may be given the option of withdrawing your application.