General ProvisionsOpen Payments Database Notices

Section § 660

Explanation

This law section defines certain terms used in the regulation of relationships between health care providers and companies that make drugs or medical devices. It explains that a 'Drug or device company' refers to any business involved in making or distributing medications or medical devices. A 'Health care employer' is a company that offers medical services and employs doctors. The 'Open Payments database' is a publicly accessible resource showing financial interactions between doctors and these companies. Lastly, 'Physician and surgeon' covers both medical doctors and osteopathic doctors licensed in California.

For purposes of this article, all of the following definitions apply:
(a)CA Business & Professions Code § 660(a) “Drug or device company” means a manufacturer, developer, or distributor of pharmaceutical drugs or any device used in the context of the physician and surgeon’s or osteopathic physician and surgeon’s practice.
(b)CA Business & Professions Code § 660(b) “Health care employer” means an employer that provides health care services and that employs a physician and surgeon or an osteopathic physician and surgeon.
(c)CA Business & Professions Code § 660(c) “Open Payments database” means the database created to allow the public to search for data provided pursuant to Section 1320a-7h of Title 42 of the United States Code and that is maintained by the federal Centers for Medicare and Medicaid Services.
(d)CA Business & Professions Code § 660(d) “Physician and surgeon” includes a physician and surgeon licensed pursuant to the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California under the Osteopathic Act.
drug or device company manufacturer developer

Section § 661

Explanation

This law requires doctors in California to inform their patients about the Open Payments database, which shows how much money doctors and teaching hospitals receive from drug and device companies. Doctors must give this notice either in writing or electronically during the first office visit. The patient or their representative must sign and date the notice. Doctors must keep a record of this notice in the patient's electronic or paper records and provide a copy to the patient or their representative.

(a)CA Business & Professions Code § 661(a) A physician and surgeon shall provide to each patient at the initial office visit a written or electronic notice of the Open Payments database. The written notice shall include a signature from the patient or a patient representative and the date of signature.
(b)CA Business & Professions Code § 661(b) The written or electronic notice shall contain the following text:
“The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.”
(c)CA Business & Professions Code § 661(c) A physician and surgeon shall include in the electronic records for the patient a record of the notice pursuant to this section.
(d)CA Business & Professions Code § 661(d) If a physician and surgeon does not maintain electronic records, the physician and surgeon shall include the notice pursuant to this section in the written records.
(e)CA Business & Professions Code § 661(e) A physician and surgeon shall give to the patient or patient representative a copy of the signed and dated notice.
Open Payments database patient notice drug and device companies

Section § 663

Explanation

This law requires doctors to display a notice about the Open Payments database in their practice locations, where patients can easily see it. This notice must include a link to the Open Payments database and a specific text explaining that it contains information about payments over $10 from drug and device manufacturers to doctors and teaching hospitals. From January 1, 2024, if a doctor's practice has a website, they must also post this notice clearly on the site. However, if the doctor is employed by a healthcare employer, the employer is responsible for ensuring these notices are posted. Finally, this notice can be combined with other legally required notices.

(a)Copy CA Business & Professions Code § 663(a)
(1)Copy CA Business & Professions Code § 663(a)(1) Notwithstanding any law, except as provided in subdivision (c), a physician and surgeon shall post in each location where the physician and surgeon practices, in an area that is likely to be seen by all persons who enter the office, an Open Payments database notice.
(2)CA Business & Professions Code § 663(a)(2) The Open Payments database notice described in paragraph (1) shall include both of the following:
(A)CA Business & Professions Code § 663(a)(2)(A) An internet website link to the Open Payments database.
(B)CA Business & Professions Code § 663(a)(2)(B) The following text:
“For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.”
(b)CA Business & Professions Code § 663(b) Beginning January 1, 2024, if an internet website is used for a physician and surgeon’s practice, then the physician and surgeon shall conspicuously post the Open Payments database notice described in subdivision (a) on that internet website, except as otherwise authorized under subdivision (c).
(c)CA Business & Professions Code § 663(c) Notwithstanding subdivisions (a) and (b), if a physician and surgeon subject to this section is employed by a health care employer, the health care employer shall be responsible for meeting the requirements of this section.
(d)CA Business & Professions Code § 663(d) A posting required by this section may be placed within the same notice posted by the physician and surgeon in accordance with Section 138 or 2026.
Open Payments database physician responsibility notice requirement

Section § 664

Explanation

If someone violates this part of the law, it's considered unprofessional behavior.

A violation of this article shall constitute unprofessional conduct.
unprofessional conduct violation professional behavior

Section § 665

Explanation

This law means that the rules in this article don't apply to doctors working in hospital emergency rooms.

This article does not apply to a physician and surgeon working in a hospital emergency room.
physician exemption hospital emergency room emergency doctor