By Ula B. McPherson
On December 1, 2025, the Office of Administrative Law (OAL) approved the Medical Board of California’s (MBC) proposed rulemaking to adopt section 1352.3 and amend section 1359 of Title 16 of the California Code of Regulations. This regulation establishes an initial nonrefundable fee to process a petition regarding probation of a medical license or reinstatement of a certificate. Additionally, the new regulatory action requires a remaining fee for reasonable costs to process and adjudicate a petition. According MBC’s final statement of reasons, the final modified text provides substantive changes to the originally noticed text amid stakeholder comments that expressed concerns of petitioner financial barriers.
MBC published the original notice and proposed text on November 8, 2024, and was later revised on January 31, 2025 following the initial comment period. These modifications reduced the initial fee for petitioners seeking modification or termination of probation from $1,949 to $1,242, with the maximum fee for processing and adjudication being $22,000. These amendments were in response to public concern over there being a $19,043 upfront fee after the petition had been accepted. MBC approved this modified text and initiated a new public comment period from March 13, 2025, to April 1, 2025, where two public comments were made addressing concerns raised by stakeholders. Another public comment period was held from September 2, 2025, to September 17, 2025, where no public comments were received.
MBC made substantive changes to the modified text proposed on January 31, 2025, due to concerns that requiring a petitioner to pay in excess of $20,000 up front to have their petition process created significant financial barriers to rehabilitated licensees seeking penalty relief. However, MBC also modified the proposal allowing the Board to approve, reduce, or eliminate the remaining fee proposed by the administrative law judge (ALJ) on the hearing. Additionally, MBC will now provide notice to the petitioner when the petition has been accepted by the Board and the individual may challenge the amount of the remaining fee being requested, proposed, or determined based on reasonableness or ability to pay. This notice allows the petitioner to make an informed decision on whether to proceed with the hearing. The MBC has also incorporated a form by reference for petitioners to utilize when filing petitions, which will also put them on notice regarding fees. This regulation will become effective on April 1, 2026.