Medicine 2000-2529.8.1Administration
Section § 2000
This section states that the chapter it's in is officially titled the Medical Practice Act. Anytime another law mentions the Medical Practice Act, it's referring to this specific chapter and its rules.
Section § 2001
This section establishes the Medical Board of California, which is under the Department of Consumer Affairs and includes 15 members, with 7 being public members. The Governor appoints 13 members, 5 of whom are public members, with Senate and Assembly officials each appointing an additional public member. This law is in effect until January 1, 2028, after which it will be repealed, subjecting the board to legislative review.
Section § 2001.1
The main priority for the Medical Board of California is to protect the public. If there are ever conflicts between public safety and other goals, protecting the public takes precedence.
Section § 2002
In this section of the law, the term "board" generally refers to the Medical Board of California. Additionally, the terms "Division of Medical Quality" and "Division of Licensing" also mean the Medical Board of California.
Section § 2004
This section outlines the responsibilities of the board related to medical practice in California. The board enforces rules from the Medical Practice Act, manages disciplinary actions, and decides on penalties like suspending or revoking medical certificates. They review medical practice quality, approve medical education programs, issue licenses, and manage continuing education for medical professionals.
Section § 2006
This law section clarifies that any mention of an investigation by the board actually means a joint investigation. It involves both the Department of Justice and the Health Quality Investigation Unit working together under a specific enforcement and prosecution model. This arrangement has been in place since July 1, 2014.
Section § 2007
This section outlines the eligibility requirements for appointment to a medical board in California. Board members must have lived in California for at least five years before their appointment. Physicians and surgeons can be appointed but cannot have interests in medical schools. Four physician members must hold faculty positions at approved medical schools, but no more than four can be full-time faculty. Public members cannot hold medical licenses.
Section § 2008
This law allows the board to create smaller groups (panels) from its members to carry out certain duties. Each panel must have at least four members, and it can't have more public members than licensed doctors. Every year, the panel chooses a chairperson and a vice chairperson.
Section § 2010
Members of the board are appointed for four-year terms. If a board member leaves early, a new member is appointed to finish the remaining time of the term.
Section § 2011
This law states that the authority who appointed a board member can remove them if they fail to fulfill their responsibilities, are not competent, or behave unprofessionally.
Section § 2012
Section § 2013
This section outlines the rules for meetings and decision-making processes for the board and any panels it appoints. The board can hold meetings when necessary. For a panel meeting, four members are needed, and for a full board meeting, eight members must be present to start business. Any decision requires more than half of those present to agree, as long as there are enough members for a quorum. For a panel to discipline a doctor, most members must agree, but revoking a doctor's license specifically needs four agreeing votes.
Section § 2014
This section mandates that any meeting of the board must be announced according to the rules set by the Bagley-Keene Open Meeting Act. This Act ensures that state meetings are conducted openly, allowing the public to be informed and participate.
Section § 2015
Section § 2015.5
This law allows the board to create advisory committees. These committees can include licensed physicians and surgeons with good standing certifications from the board, as well as public members who are interested in or knowledgeable about specific topics the committee will address. It's not necessary for advisory committee members to be part of the board.
Section § 2016
Members of the board and its committees are entitled to daily allowances and travel cost reimbursements as specified in another part of the law.
Section § 2017
This law requires that all proceedings by the board, committees, or panels must be officially recorded.
Section § 2018
This section allows the board responsible for medical practices to create, change, or remove rules as needed to effectively enforce laws about practicing medicine. They must do this following the rules set by the Administrative Procedure Act.
Section § 2019
The main office of the board is located in Sacramento, but they can also have offices in Los Angeles, San Diego, and San Francisco. Legal cases against the board must happen in one of these four cities. The board can open more offices if needed and can move records to these other offices temporarily.
Section § 2020
This law lets a certain board hire an executive director and various other personnel like investigators and medical consultants, and determines their pay under state laws. The Attorney General will serve as the board's lawyer for both court and administrative matters. This provision is temporary and will no longer be active after January 1, 2028.
Section § 2021
This law section outlines the responsibilities of licensed professionals regarding their contact information. If the board decides to create a directory, licensees must provide whatever info the board needs to make it. Licensees have to tell the board about any address changes within 30 days, including email changes, and provide both old and new addresses. If a licensee uses a PO box, they must also provide a street address but can keep it private if they prefer. Any name changes must also be reported within 30 days. Additionally, all licensees need to have an email address and report it by July 1, 2022, and this email won't be shared publicly.
Section § 2022
This law says that a directory of individuals is proof, on the surface, that those listed are allowed to practice under a specific act. However, if their right to practice has been taken away, put on hold, or otherwise restricted after the directory was published, that proof might not hold up.
Section § 2023.5
This law requires the medical board, along with the nursing and physician assistant boards, to evaluate how laser or intense light pulse devices are used for cosmetic procedures. They need to examine various issues such as the required level of doctor supervision, the necessary training to ensure safety and proficiency, and develop standardized guidelines. These guidelines should cover areas like choosing patients, educating and informing them about procedures, applying topical agents, handling treatment complications, and managing emergency situations. Lastly, this law makes clear that it does not change laws about practicing medicine without a license.
Section § 2024
This law allows a board to hire medical consultants, who are licensed doctors, to help with their programs. These consultants can be hired without a competitive bidding process, as long as certain government rules are followed. When investigating a licensee, the board must hire a consultant who is a specialist in the relevant field.
Section § 2024.5
This law requires the establishment of a Complainant Liaison Unit within the board. The unit will handle public interaction regarding complaint procedures, assist communication between complainants and investigators, answer questions about disciplinary appeal processes, and support public outreach to improve understanding of enforcement processes. They also review requests from complainants about perceived errors in closing complaints. However, this unit won't start operating until the board gets more staff as allocated in the budget.
Section § 2025
This law requires the board to inform all licensees about the pain management guidelines created by the Agency for Health Care Policy and Research. The board must also provide these guidelines to any licensee who asks for them.
Section § 2026
This law requires that, starting no later than January 1, 2019, professionals licensed or registered by the board must inform clients or patients that they are officially recognized in the state of California. Additionally, it mandates that clients be told they can verify the practitioner’s license and file any complaints through the board’s website or by contacting them directly.
Section § 2027
This law requires the board to maintain a public website listing important information about current and former licensed medical professionals. It includes whether their licenses are in good standing, any certifications they hold, and details of any enforcement actions such as suspensions or accusations against them. Additionally, the site must provide historical data like past disciplinary actions, felony or specific misdemeanor convictions, and significant settlements connected to professional misconduct. The board must also share explanations about the data and provide links to other related informational sites.
Section § 2028.5
This law allows the board to start a pilot program that aims to expand the use of telehealth across the state. This program could be developed with the help of a working group that includes different stakeholders from both the public and private sectors, such as healthcare providers, technology experts, and consumer groups. The main goal is to find effective ways to use telehealth to provide healthcare and manage chronic diseases more efficiently, while also sharing best practices and health information.