Fictitious Name Permits

If you are a licensed physician and surgeon, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement. Example: "Sunrise Medical Group." When the business name is different than the licensee’s name, you need a Fictitious Name Permit for the business. If you are using your name for a corporation, you must have a Fictitious Name Permit for the business name because the “name style” requirements below require the addition of a word that designates corporation, so it is not legal or complete to use the name of the licensee owner alone without adding a corporate designation to the name. Adding the corporate designation is what triggers the requirement for a Fictitious Name Permit.

If only the name or surname (last name) of the physician is used, followed by Doctor Osteopathic Medicine, D.O. and it is not a corporation. Fictitious Names are required for business names if they do not use the licensee’s name only. If there are any additions to the business name or it is a corporation then it must comply with Title 16, Division 16, Article 14, Section § 1676. See style requirements below.

Yes. The proposed name cannot be misleading, deceptive, confusing, or similar to a previously issued name. (Title 16, Division 16, Article 14, Section § 1676. Name Style––General. California Code of Regulations.)

Also note: When considering a Fictious name, please reference the current California Code of Regulations provided below as a guide. The FNP Name must satisfy all requirements, so it is not subject to rejection. The Name style code is as follows:

(a) Any fictitious name shall contain the designation “medical group,” “medical clinic,” “medical corporation,” “medical associates,” “medical center,” or “medical office.” Such designation shall be contiguous in the name style and not separated by intervening words. This requirement also applies to those applicants who are sole practitioners.

(b) A group or clinic containing both a corporate and non-corporate entity or a partnership of corporations shall not use wording or abbreviations denoting corporate existence. When a professional corporation is an applicant, it shall use in its fictitious name style one of the word(s) or abbreviation(s) denoting corporate existence as required by these regulations.

(c) The Board shall not issue a fictitious name permit for a name style which is false or misleading or which is so similar to a name previously authorized in the same geographical area as to be deceptive, misleading, or subject an individual consumer to confusion with a previously permitted fictitious name.

(d) The use of word(s) or abbreviation(s) following a licensed person's name denoting affiliation with a professional medical society or association shall not create a fictitious name; however, the use of any word(s) or abbreviation(s) which denotes a particular specialty in medical practice which is advertised or disseminated in public in connection with that practice shall require a fictitious name permit.

A $100 non-refundable processing fee is required to apply for a Fictitious Name Permit. Regardless of the month the Fictitious Name Permit is issued by the Board, it expires every December 31st. As a result, Fictitious Name Permit holders must renew their permits every year prior to expiration on December 31. The annual renewal fee is $50.

The check should be made payable to the Osteopathic Medical Board of California. A renewal notice automatically will be mailed to the practice address approximately 90 days before the permit expires.

Approximately 90 days before the permit expires, you will receive a renewal notice in the mail. If you do not receive your notice or have lost the notice, you may use the online services at https://www.breeze.ca.gov/datamart/loginCADCA.do, the fee is $50, every two years. To check the status of the permit, click on "License Search for Fictitious Name Permit."

Before selecting a fictitious name, visit our link License Search to determine the availability of a fictitious name. Try to avoid names that only contain generic medical words or terms. If the name is unoriginal/common, chances are it has already been issued. The criteria for approving a name is that it not be confusing or similar to a name which has already been issued, regardless of who owns the similar name.

Yes. Keep in mind that the same name style requirements apply, as stated above. Be sure to provide an explanation of the acronym, abbreviation, etc. on page 1, section 3 of the application.

Contact your local county and city agencies. The Osteopathic Medical Board is a state agency and, as such, cannot provide an answer regarding local requirements. The answer may be different, depending upon where the physician is practicing medicine.

No. As long as the physician's medical license is renewed and current, the Board does not require anything further.

Yes. As long as the fictitious name is exactly the same at each location and the owners notify the Osteopathic Medical Board in writing of each practice address. Only the primary physical address appears on the Board’s website. Additional addresses may be obtained upon request.

No, as long as the names of each FNP are different. A separate application must be submitted for each fictitious name. Physicians doing business as a corporation also may file for multiple permits under the same corporation.

An FNP cannot be changed or altered. The current permit must be cancelled, and the applicant must submit a new application for a Fictitious Name Permit. Your must notify the board to cancel the Fictitious Name Permit that no longer exists.

No. The former owner must cancel the permit and the new owner must submit a new application. You must notify the board to cancel the Fictitious Name Permit that no longer exists prior to applying for a new Fictitious Name Permit.

Yes. If there are multiple owners of the permit, and you would like to associate or disassociate shareholders or partners.

No.

On the application, where it asks for a practice address, instruct the applicant to complete the “Physician or Corporation Name,” section, and write “N/A, telehealth services” on the street address. Be sure to include a phone number. A mailing address must be provided in the next section.

A professional medical corporation providing services in California only through telehealth using a fictitious name must post the fictitious name permit on its telehealth website/portal so that each patient may view it.

The Osteopathic Medical Board can only accept corporations that are formed in California and are professional medical corporations. No out-of-state (foreign), limited liability, or general corporations are allowed. NOTE: For physicians, the Articles of Incorporation MUST state “the purpose of this corporation is to engage in the profession of Medicine” for it to be accepted by the Board.

No.

Osteopathic physicians may only be partners with other physicians or podiatrists (see Business & Professions Code section 2416).

Owners do not appear on the wall certificate or on the Board’s website. However, this information is public record and may be obtained upon request.

Yes. The Board requires a copy of the Articles of Incorporation to ensure that the corporation is active and is a professional medical corporation.

Yes. The Secretary of State approval of the corporate name does not give permission to advertise under that name to the public if it is a fictitious name. You must also apply for a Fictitious Name Permit with the Medical Board in order to advertise under a fictitious name.

No. The Board would only need to be notified if there is a complete change of the corporation. This would only apply to physicians or podiatrists who have an FNP with the Board. Any other corporate matters should be addressed to the Secretary of State. They can be reached at (916) 657-5448.

At least 51% of the shares must be owned by a licensed Osteopathic physician and surgeon. The remaining 49% may be owned by: physicians, podiatrists, psychologists, registered nurses, optometrists, marriage and family therapists, clinical social workers, physician assistants, chiropractors, acupuncturists, professional clinical counselors, physical therapists, pharmacists, licensed midwives or naturopathic doctors. The number of these licensed persons cannot exceed the number of physicians. A lay (unlicensed) person cannot own any shares of a medical corporation. If at least 51% of the shares are owned by a physician licensed by the Medical Board of California or combination, the FNP must be obtained through the Medical Board of California.

From the time that the application is received, approximately four to six weeks. The applications are reviewed in the date order in which they are received.

No. The application would still be reviewed in the date order in which it was received, whether received in the mail or hand delivered.

Complete and mail, email or fax the form entitled, Fictitious Name Permit Address Change Form. The form must be signed by a current owner of the permit. The Board does not automatically send out an updated wall certificate when an address change is processed. If you wish to request a replacement certificate, please complete an Application for a Duplicate Fictitious Name Permit form.

You must reapply for a new Fictitious Name Permit that requires a copy of the corporation issued by the California Secretary of State.

If the permit is not renewed, it will fall into delinquent status and will appear on the website as such. If the permit has not been renewed for five years, the system is programmed to automatically cancel the permit as required by law. To avoid showing up on the license search as delinquent, it is recommended to simply contact the Board to cancel it. Cancellation must be in writing and by the owner of the Fictitious Name Permit.

During the application review process, the three name choice options entered on the application are crosschecked with existing permit names to determine if any of the name choices are available. If, at that time, any of the name choices are not available, or other deficiencies are identified, a notice will be sent indicating the deficiencies that need to be corrected for the permit to be approved. The deficiency letter will include contact information for someone for to speak to for further discussion of deficient items needed. Once all deficiencies are fulfilled, the permit is usually issued within 7-10 business days.

Licensees who contract with, are employed by, or are on the staff of 1. any clinic licensed by the Department of Public Health under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety code, or 2. any medical school approved by the division or a faculty practice plan connected with that medical school, or 3. an outpatient surgery setting accredited by an accreditation agency approved by the Medical Board are not required to obtain a fictitious name permit. The four approved accreditation agencies are: "Accreditation Association for Ambulatory Health Care," "American Association for Accreditation of Ambulatory Surgery Facilities, Inc." and "Joint Commission on Accreditation of Healthcare Organizations."

No, as long as the specialty listed is not part of the name you are advertising. Example: JOHN DOE, D.DO. (Specializing in Pediatrics) would not require a permit. JOHN DOE, D.O. PEDIATRIC SPECIALTY would require a permit.

No.

No. The current permit must be canceled before the name can be issued.

No. Pursuant to Business and Professions Code sections 2285 (b) and (c) and 2415 (d), only a physician and surgeon or doctor of podiatric medicine who is a sole proprietor, or in a partnership, group, or professional corporation, may obtain a fictitious name permit issued by the Board.