2435.  The following fees apply to the licensure of physicians and
surgeons:
   (a) Each applicant for a certificate based upon a national board
diplomate certificate, and each applicant for a certificate based on
reciprocity, and each applicant for a certificate based upon written
examination, shall pay a nonrefundable application and processing
fee, as set forth in subdivision (b), at the time the application is
filed.
   (b) The application and processing fee shall be fixed by the
Division of Licensing by May 1 of each year, to become effective on
July 1 of that year.  The fee shall be fixed at an amount necessary
to recover the actual costs of the licensing program as projected for
the fiscal year commencing on the date the fees become effective.
   (c) Each applicant for a certificate by written examination,
unless otherwise provided by this chapter, shall pay an examination
fee fixed by the board, which shall equal the actual cost to the
board of the purchase of the written examination furnished by the
organization pursuant to Section 2176, plus the actual cost to the
board of administering the written examination.  The actual cost to
the board of administering the written examination that shall be
charged to the applicant shall not exceed one hundred dollars ($100).
  The board may charge the examination fee provided for in this
section for any subsequent reexamination of the applicant.
   (d) The board shall charge each applicant who is required to take
the oral examination as a condition of licensure an oral examination
fee that is equal to the amount necessary to recover the actual cost
of that examination.  The board shall charge the oral examination fee
provided for in this subdivision for any subsequent oral examination
taken by the applicant.
   (e) Each applicant who qualifies for a certificate, as a condition
precedent to its issuance, in addition to other fees required
herein, shall pay an initial license fee, if any.  The initial
license fee shall be fixed by the board at an amount not to exceed
six hundred dollars ($600), in accordance with paragraph (2) of
subdivision (f).  Any applicant enrolled in an approved postgraduate
training program shall be required to pay only 50 percent of the
initial license fee.
   (f) (1) The biennial renewal fee shall be fixed by the board at an
amount not to exceed six hundred dollars ($600), in accordance with
paragraph (2).
   (2) The board shall fix the biennial renewal fee and the initial
license fee so that, together with the amounts from other revenues,
the reserve balance in the board's contingent fund shall be equal to
approximately two months of annual authorized expenditures.  Any
change in the renewal and initial license fees shall be effective
upon a determination by the board, by emergency regulations adopted
pursuant to Section 2436, that changes in the amounts are necessary
to maintain a reserve balance in the board's contingent fund equal to
two months of annual authorized expenditures in the state fiscal
year in which the expenditures are to occur.
   (g) Notwithstanding Section 163.5, the delinquency fee is 10
percent of the biennial renewal fee.
   (h) The duplicate certificate and endorsement fees shall each be
fifty dollars ($50), and the certification and letter of good
standing fees shall each be ten dollars ($10).
   (i) It is the intent of the Legislature that, in setting fees
pursuant to this section, the board shall seek to maintain a reserve
in the Contingent Fund of the Medical Board of California equal to
approximately two months' operating expenditures.
   (j) The board shall report to the appropriate policy and fiscal
committees of each house of the Legislature whenever the board
proposes or approves a fee increase pursuant to this section.  The
board shall specify the reasons for each increase and identify the
percentage of funds to be derived from an increase in the fees that
will be used for investigation or enforcement related activities by
the board.



2435.1.  (a) In addition to the fees charged for the initial
issuance or biennial renewal of a physician and surgeon's certificate
pursuant to Section 2435, and at the time those fees are charged,
the board shall charge each applicant or renewing licensee an
additional twenty-five dollar ($25) fee for the purposes of this
section.
   (b) Payment of this twenty-five dollar ($25) fee shall be
voluntary, and shall be paid at the time of application for initial
licensure or biennial renewal, the twenty-five dollar ($25) fee shall
be due and payable along with the fee for the initial certificate or
biennial renewal.
   (c) The board shall transfer all funds collected pursuant to this
section, on a monthly basis, to the Office of Statewide Health
Planning and Development to augment the local assistance line item of
the annual Budget Act in support of the Song-Brown Family Physician
Training Act (Chapter 1 (commencing with Section 69270) of Part 42 of
the Education Code).



2436.  The fees in this article fixed by the board shall be set
forth as emergency regulations duly adopted by the Division of
Licensing.


2437.  The board may fix a fee for the approval of postgraduate
training for clinical service programs approved by the Division of
Licensing at an amount equal to the cost to the division in reviewing
applications for approval of those programs, but in no event shall
the fee exceed four hundred dollars ($400).



2439.  Every licensee is exempt from the payment of the renewal fee
provided such licensee has practiced medicine or podiatry for 20
years or more in this state, has reached the age of retirement under
the Social Security Act, and customarily provides his or her services
free of charge to any person, organization, or agency.  In the event
that charges are made, such charges shall be nominal and in no event
shall the aggregate of such charges in any single calendar year be
in an amount which would result in his or her income being such as to
make the practitioner ineligible for full social security benefits.



2440.  (a) Every licensee is exempt from the payment of the renewal
fee while engaged in full-time training or active service in the
Army, Navy, Air Force, or Marines, or in the United States Public
Health Service.
   (b) Every person exempted from the payment of the renewal fee by
this section shall not engage in any private practice and shall
become liable for payment of  such fee for the current renewal period
upon his or her discharge from full-time active service and shall
have a period of 60 days after becoming liable within  which to pay
the renewal fee before the delinquency fee is required.  Any person
who is discharged from active service within 60 days of the end of a
renewal period is exempt from the payment of the renewal fee for that
period.
   (c) The time spent in full-time active service or training shall
not be included in the computation of the five-year period for
renewal and reinstatement of licensure provided in Sections 2427 and
2428.
   (d) Nothing in this section shall exempt a person, exempt from
renewal fees under this section, from meeting the requirements of
Article 10 (commencing with Section 2190).



2441.  Any licensee who demonstrates to the satisfaction of the
board that he or she is unable to practice medicine due to a
disability may request a waiver of the license renewal fee.  The
granting of a waiver shall be at the discretion of the board and may
be terminated at any time.  Waivers shall be based on the inability
of a licensee to practice medicine.  A licensee whose renewal fee has
been waived pursuant to this section shall not engage in the
practice of medicine unless and until the licensee pays the current
renewal fee and establishes to the satisfaction of the board, on a
form prescribed by the board and signed under penalty of perjury,
that the licensee's disability either no longer exists or does not
affect his or her ability to practice medicine safely.



2442.  The renewal fee shall be waived for a physician and surgeon
who certifies to the Medical Board of California that license renewal
is for the sole purpose of providing voluntary, unpaid service to a
public agency, not-for-profit agency, institution, or corporation
which provides medical services to indigent patients in medically
underserved or critical-need population areas of the state.



2443.  The following fees apply to fictitious-name permits issued
under Section 2415:
   (a) The initial permit fee shall be fifty dollars ($50).  If the
permit will expire less than one year after its issuance, then the
initial permit fee is an amount equal to 50 percent of the fee in
effect at the beginning of the current renewal cycle.
   (b) The biennial renewal fee shall be forty dollars ($40).
   (c) The delinquency fee is twenty dollars ($20).
   (d) The duplicate permit fee shall not exceed the cost of
processing up to a maximum of fifty dollars ($50).



2445.  All moneys paid to and received by the board shall be paid
into the State Treasury and shall be credited to the Contingent Fund
of the Medical Board of California.  Those moneys shall be reported
at the beginning of each month, for the month preceding, to the
Controller.
   The contingent fund shall be for the use of the board and from it
shall be paid all salaries and all other expenses necessarily
incurred in carrying into effect the provisions of this chapter.
   If there is any surplus in these receipts after the board's
salaries and expenses are paid, such surplus shall be applied solely
to expenses incured under the provisions of this chapter.  No surplus
in these receipts shall be deposited in or transferred to the
General Fund.



2446.  Unless otherwise expressly provided in this chapter, all
fines imposed or forfeitures of bail collected by any court in
connection with any violation of the provisions of this chapter
shall, as soon as practicable after receipt thereof, be deposited
with the county treasurer of the county in which such court is
situated.
   Amounts so deposited shall be paid at least once a month as
follows:
   (a) Seventy-five percent to the State Treasurer by warrant of the
county auditor drawn upon the requisition of the clerk or judge of
the court for deposit as provided in Section 2445.
   (b) Twenty-five percent to the county where the case is pending.




2447.  The board shall refund any fees, fines, or forfeitures in
accordance with the provisions of Section 158.  The board may expend
from its contingent fund whatever sums may be necessary to carry out
the provisions of this section.
   The State Treasurer and all other officials having custody of the
funds of the board shall upon request or direction of the board pay
out the refunds or approve such payments from the contingent fund.



2448.  Notwithstanding the possession by a licensee of a renewal
receipt or other acknowledgement of renewal of licensure, a license
issued and renewed may, at any time, be suspended, revoked, or
forfeited as provided in this chapter without refund of any fees.