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Osteopathic board advances rulemaking to update continuing‑medical‑education and citation-and‑fine rules
Summary
The board reviewed public comments and voted to adopt staff responses and to publish modified regulatory text narrowing a pain‑management exemption for out‑of‑state practice. The board also added repeal documents to the rulemaking file and directed staff to notice a 15‑day comment period on the modified text.
The Osteopathic Medical Board of California voted Feb. 13 to advance a rulemaking package that updates continuing medical education (CME) rules and the board’s authority to issue citations and fines.
Board members reviewed written comments submitted during a 45‑day public comment period and the transcript of a public hearing. Staff recommended rejecting comments that sought broad changes to CME policy because those changes would require statutory (legislative) action rather than regulatory detail. The board approved staff’s recommended responses to the comments and added required repeal documents to the rulemaking file.
Separately, staff proposed targeted modifications to clarify who is exempt from the law’s 12‑hour pain‑management training requirement. The change narrows an exemption that previously referenced merely residing out of state; the amended language makes the exemption dependent on whether the licensee provides direct patient care or personal contact with a California patient (including via telehealth). The board approved the modified text for inclusion in the rule‑making file and directed staff to publish the modified text and a notice of additional documents for a 15‑day public comment period. If no adverse comments are received, staff was authorized to make non‑substantive edits and file the final regulations.
Board counsel and staff said the objective of the pain‑management clarification is to treat similarly situated physicians the same regardless of where they live and to close a loophole created by out‑of‑state practice via telehealth. The board’s proposed citation‑and‑fine language is consistent with Business and Professions Code section 125.9 and with similar rules used by other healing‑arts boards; staff noted the package limits many fines to lower amounts except in aggravating circumstances.
Action on the rule package was procedural (staff responses and approval to publish modified text) and does not itself change statute; the board noted public policy questions raised by commenters could be taken to the Legislature if policy changes are desired.
If finalized, the package will: (1) replace several outdated CME guidance documents, (2) add repeal documents to the rulemaking record, (3) amend regulatory definitions and documentation requirements for CME exemptions, and (4) update the board’s citation and fine procedures to align with statutory authority and current DCA practice.
