Section § 2220

Explanation

This section explains that the board overseeing physicians and surgeons in California is responsible for enforcing rules against those who violate medical regulations. It's their job to look into complaints about unprofessional conduct, whether these come from the public or other sources. They also investigate big financial settlements where a doctor's mistake led to injuries. If any reports hint at serious misconduct, they're supposed to act quickly, within 30 days, to decide if urgent actions like suspending a license are necessary.

Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter. The board shall enforce and administer this article as to physician and surgeon certificate holders, including those who hold certificates that do not permit them to practice medicine, such as, but not limited to, retired, inactive, or disabled status certificate holders, and the board shall have all the powers granted in this chapter for these purposes including, but not limited to:
(a)CA Business & Professions Code § 2220(a) Investigating complaints from the public, from other licensees, from health care facilities, or from the board that a physician and surgeon may be guilty of unprofessional conduct. The board shall investigate the circumstances underlying a report received pursuant to Section 805 or 805.01 within 30 days to determine if an interim suspension order or temporary restraining order should be issued. The board shall otherwise provide timely disposition of the reports received pursuant to Section 805 and Section 805.01.
(b)CA Business & Professions Code § 2220(b) Investigating the circumstances of practice of any physician and surgeon where there have been any judgments, settlements, or arbitration awards requiring the physician and surgeon or his or her professional liability insurer to pay an amount in damages in excess of a cumulative total of thirty thousand dollars ($30,000) with respect to any claim that injury or damage was proximately caused by the physician’s and surgeon’s error, negligence, or omission.
(c)CA Business & Professions Code § 2220(c) Investigating the nature and causes of injuries from cases which shall be reported of a high number of judgments, settlements, or arbitration awards against a physician and surgeon.

Section § 2220.01

Explanation

This law requires the director to appoint an independent enforcement monitor by March 1, 2022, to evaluate the board's enforcement efforts for two years. The monitor, who must be impartial and not previously affiliated with relevant organizations, will oversee how complaints are handled and whether disciplinary actions are consistent and timely. They will look for any bias, particularly against physicians of color, and suggest improvements or cost-saving measures. The monitor must report findings twice; one initial report by January 2023 and a final report by July 2023. The reports should be public, and the board is to cover the monitor's costs. The monitor doesn't control the board, but the board must cooperate with them.

(a)Copy CA Business & Professions Code § 2220.01(a)
(1)Copy CA Business & Professions Code § 2220.01(a)(1) The director shall appoint an independent enforcement monitor no later than March 1, 2022. The director may retain a person for this position by a personal services contract. The Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)CA Business & Professions Code § 2220.01(a)(2) The enforcement monitor shall not have previously been employed by, under contract with, in any financial relationship with, or affiliated with an organization that represents patient or physician and surgeon interests, including, but not limited to, a professional association, lobbyist employer, advocacy organization, or party that has appeared before the board or the Legislature.
(3)Copy CA Business & Professions Code § 2220.01(a)(3)
(A)Copy CA Business & Professions Code § 2220.01(a)(3)(A) The director shall supervise the enforcement monitor and may terminate or dismiss the enforcement monitor from this position.
(B)CA Business & Professions Code § 2220.01(a)(3)(A)(B) If the enforcement monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(4)CA Business & Professions Code § 2220.01(a)(4) The monitoring duty of the enforcement monitor shall be on a continuing basis for a period of no more than two years from the date of the initial enforcement monitor’s appointment.
(b)CA Business & Professions Code § 2220.01(b) The enforcement monitor shall monitor and evaluate the board’s enforcement efforts with specific concentration on the handling and processing of complaints and timely application of sanctions or discipline imposed on licensees and persons in order to protect the public, which may include, but not be limited to, the following:
(1)CA Business & Professions Code § 2220.01(b)(1) The board’s disciplinary system and procedures.
(2)CA Business & Professions Code § 2220.01(b)(2) The consistency of complaint processing and investigation.
(3)CA Business & Professions Code § 2220.01(b)(3) The timeliness of the disciplinary process, including an evaluation of the board’s compliance with subdivision (b) of Section 129, and Sections 2220.08 and 2319.
(4)CA Business & Professions Code § 2220.01(b)(4) Compliance with Section 2229, including deviations from the Manual of Model Disciplinary Orders and Disciplinary Guidelines in the board’s application of sanctions or discipline.
(5)CA Business & Professions Code § 2220.01(b)(5) Sanctions or discipline disproportionately applied to physicians and surgeons of color.
(6)CA Business & Professions Code § 2220.01(b)(6) Resources allocated for enforcement efforts.
(7)CA Business & Professions Code § 2220.01(b)(7) Any area that may lead to cost savings and greater effectiveness of the board’s enforcement efforts.
(c)CA Business & Professions Code § 2220.01(c) The enforcement monitor shall not exercise authority over the board’s management or staff, but the board and its staff shall cooperate with the enforcement monitor and shall provide data, information, and files as requested by the enforcement monitor to perform all of the enforcement monitor’s duties.
(d)CA Business & Professions Code § 2220.01(d) The director shall assist the enforcement monitor in the performance of the enforcement monitor’s duties, and the enforcement monitor shall have the same investigative authority as the director.
(e)CA Business & Professions Code § 2220.01(e) The director may specify additional duties of the enforcement monitor for the purposes of this section.
(f)Copy CA Business & Professions Code § 2220.01(f)
(1)Copy CA Business & Professions Code § 2220.01(f)(1) The enforcement monitor shall submit to the department and the Legislature, pursuant to Section 9795 of the Government Code, an initial written report of the enforcement monitor’s findings and conclusions no later than January 1, 2023, and a final written report no later than July 1, 2023. The enforcement monitor shall be available to make oral reports to the department or the Legislature if requested to do so. The enforcement monitor may also provide additional information to either the department or the Legislature at the enforcement monitor’s discretion or at the request of either the department or the Legislature. The enforcement monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions made in their reports to the department or the Legislature with which the board may disagree.
(2)CA Business & Professions Code § 2220.01(f)(2) The enforcement monitor shall make any report required by this paragraph available to the public and the media.
(g)CA Business & Professions Code § 2220.01(g) The board shall pay for all of the costs associated with the employment of the enforcement monitor.

Section § 2220.05

Explanation

The Medical Board of California and the California Board of Podiatric Medicine must focus their efforts on cases where doctors pose the highest risk to public safety. These cases, handled with urgency, include severe negligence leading to patient harm, substance abuse affecting patient safety, excessive or improper prescribing of drugs or cannabis, sexual misconduct, and practicing under the influence. While they can prioritize other types of misconduct, those cases cannot surpass the priority of these severe issues. The board must also report annually on actions taken for each priority case.

(a)CA Business & Professions Code § 2220.05(a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California and the California Board of Podiatric Medicine shall prioritize their investigative and prosecutorial resources to ensure that physicians and surgeons and doctors of podiatric medicine representing the greatest threat of harm are identified and disciplined expeditiously. Cases involving any of the following allegations shall be handled on a priority basis, as follows, with the highest priority being given to cases in the first paragraph:
(1)CA Business & Professions Code § 2220.05(a)(1) Gross negligence, incompetence, or repeated negligent acts that involve death or serious bodily injury to one or more patients, such that the physician and surgeon or the doctor of podiatric medicine represents a danger to the public.
(2)CA Business & Professions Code § 2220.05(a)(2) Drug or alcohol abuse by a physician and surgeon or a doctor of podiatric medicine involving death or serious bodily injury to a patient.
(3)CA Business & Professions Code § 2220.05(a)(3) Repeated acts of clearly excessive prescribing, furnishing, or administering of controlled substances, or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith prior examination of the patient and medical reason therefor. However, in no event shall a physician and surgeon prescribing, furnishing, or administering controlled substances for intractable pain consistent with lawful prescribing, including, but not limited to, Sections 725, 2241.5, and 2241.6 of this code and Sections 11159.2 and 124961 of the Health and Safety Code, be prosecuted for excessive prescribing and prompt review of the applicability of these provisions shall be made in any complaint that may implicate these provisions.
(4)CA Business & Professions Code § 2220.05(a)(4) Repeated acts of clearly excessive recommending of cannabis to patients for medical purposes, or repeated acts of recommending cannabis to patients for medical purposes without a good faith prior examination of the patient and a medical reason for the recommendation.
(5)CA Business & Professions Code § 2220.05(a)(5) Sexual misconduct with one or more patients during a course of treatment or an examination.
(6)CA Business & Professions Code § 2220.05(a)(6) Practicing medicine while under the influence of drugs or alcohol.
(7)CA Business & Professions Code § 2220.05(a)(7) Repeated acts of clearly excessive prescribing, furnishing, or administering psychotropic medications to a minor without a good faith prior examination of the patient and medical reason therefor.
(b)CA Business & Professions Code § 2220.05(b) The board may by regulation prioritize cases involving an allegation of conduct that is not described in subdivision (a). Those cases prioritized by regulation shall not be assigned a priority equal to or higher than the priorities established in subdivision (a).
(c)CA Business & Professions Code § 2220.05(c) The Medical Board of California shall indicate in its annual report mandated by Section 2312 the number of temporary restraining orders, interim suspension orders, and disciplinary actions that are taken in each priority category specified in subdivisions (a) and (b).

Section § 2220.08

Explanation

This law outlines how complaints about a doctor's quality of care are processed. Before investigation, complaints must be reviewed by medical experts to see if further action is needed. These experts look at patient records, the doctor's statements, and other expert opinions. If requested information isn't provided within 10 working days, experts can still review and potentially investigate. The board can also take emergency actions if necessary.

(a)CA Business & Professions Code § 2220.08(a) Except for reports received by the board pursuant to Section 801.01 or 805 that may be treated as complaints by the board and new complaints relating to a physician and surgeon who is the subject of a pending accusation or investigation or who is on probation, any complaint determined to involve quality of care, before referral to a field office for further investigation, shall meet the following criteria:
(1)CA Business & Professions Code § 2220.08(a)(1) It shall be reviewed by one or more medical experts with the pertinent education, training, and expertise to evaluate the specific standard of care issues raised by the complaint to determine if further field investigation is required.
(2)CA Business & Professions Code § 2220.08(a)(2) It shall include the review of the following, which shall be requested by the board:
(A)CA Business & Professions Code § 2220.08(a)(2)(A) Relevant patient records.
(B)CA Business & Professions Code § 2220.08(a)(2)(B) The statement or explanation of the care and treatment provided by the physician and surgeon.
(C)CA Business & Professions Code § 2220.08(a)(2)(C) Any additional expert testimony or literature provided by the physician and surgeon.
(D)CA Business & Professions Code § 2220.08(a)(2)(D) Any additional facts or information requested by the medical expert reviewers that may assist them in determining whether the care rendered constitutes a departure from the standard of care.
(b)CA Business & Professions Code § 2220.08(b) If the board does not receive the information requested pursuant to paragraph (2) of subdivision (a) within 10 working days of requesting that information, the complaint may be reviewed by the medical experts and referred to a field office for investigation without the information.
(c)CA Business & Professions Code § 2220.08(c) Nothing in this section shall impede the board’s ability to seek and obtain an interim suspension order or other emergency relief.

Section § 2220.1

Explanation

This law requires that before closing a complaint about a healthcare professional's quality of care, the board must try to interview the person who made the complaint, the patient, or their representative, unless the complaint is anonymous. If there's no response or the request for an interview is declined within 30 days, the board can close the complaint if appropriate. However, the complaint can be reopened if new, relevant information is provided later. This process cannot begin until additional staff are allocated to the board.

(a)CA Business & Professions Code § 2220.1(a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin.
(b)Copy CA Business & Professions Code § 2220.1(b)
(1)Copy CA Business & Professions Code § 2220.1(b)(1) Before a complaint within the jurisdiction of the board pertaining to the quality-of-care that a licensee provided to their patient may be closed, the board shall conduct an interview with the complainant, the patient, or the patient’s representative, if one is identified in the complaint.
(2)CA Business & Professions Code § 2220.1(b)(2) This subdivision shall not apply to complaints that are submitted anonymously or without the contact information of the complainant, patient, or a patient representative.
(c)CA Business & Professions Code § 2220.1(c) If the board’s request for an interview is declined by the complainant, patient, or a patient representative identified in the complaint, or the board has not received a response within 30 calendar days, the board may close the complaint, if otherwise warranted.
(d)CA Business & Professions Code § 2220.1(d) If, after the complaint is closed, the complainant, patient, or patient representative provides additional information pertinent to that complaint, the board may reopen the matter, subject to the provisions of Section 2230.5.
(e)CA Business & Professions Code § 2220.1(e) The Legislature finds and declares that the board requires additional staff positions to implement this section. Therefore, this section shall only become operative six months following the allocation of positions to the board for the implementation of these provisions in the annual Budget Act.

Section § 2220.2

Explanation
This section defines who qualifies as a 'patient representative' in cases where a patient is involved in a complaint referred for investigation. It allows the complainant, the patient, or their representative to provide a statement about the harm they experienced within 60 days of notification. This statement will be considered in the case's adjudication, but the rule doesn't apply to the Osteopathic Medical Board of California.
(a)CA Business & Professions Code § 2220.2(a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin.
(b)Copy CA Business & Professions Code § 2220.2(b)
(1)Copy CA Business & Professions Code § 2220.2(b)(1) At the time that a complaint is referred for a field investigation, the relevant complainant, patient, or patient representative shall be provided with the opportunity to provide a statement relative to the harm they experienced.
(2)CA Business & Professions Code § 2220.2(b)(2) The complainant, patient, or patient representative shall have up to 60 days following receipt of the notification described in paragraph (1) to provide the statement to the board.
(3)CA Business & Professions Code § 2220.2(b)(3) Notwithstanding Section 2330, the statement shall be considered by the board, or a panel of the board, for the purposes of adjudicating the case to which the statement pertains.
(c)CA Business & Professions Code § 2220.2(c) This section shall not apply to the Osteopathic Medical Board of California.

Section § 2220.5

Explanation

This law states that only the Medical Board of California can investigate or start disciplinary actions against physicians and surgeons with a certificate under Section 2050. Investigating or starting disciplinary actions includes any communication with the physician about violations of the Medical Practice Act or other related laws. Additionally, any written complaints about a physician's professional conduct or competence must be handled according to specific rules in Section 43.96 of the Civil Code.

(a)CA Business & Professions Code § 2220.5(a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.
(b)CA Business & Professions Code § 2220.5(b) For purposes of this section, “investigate or commence disciplinary actions” shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her violation of the Medical Practice Act or any other provision of this division.
(c)CA Business & Professions Code § 2220.5(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section.

Section § 2220.6

Explanation

If there's a case against a licensed professional accusing them of insurance fraud or a related crime, the board must look into it as long as the district attorney doesn't mind.

The board shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or Section 1871.4 of the Insurance Code, if the district attorney does not otherwise object to initiating an investigation.

Section § 2220.7

Explanation

This law states that a doctor cannot include certain clauses in settlement agreements related to disputes from their medical practice. Specifically, they can't prevent someone from talking to or cooperating with the medical board, from filing a complaint, or from withdrawing a complaint with the board. Any such clauses are invalid because they go against public policy. Doctors who try to use these clauses can face disciplinary action from the medical board.

(a)CA Business & Professions Code § 2220.7(a) A physician and surgeon shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute arising from his or her practice, whether the agreement is made before or after filing the action:
(1)CA Business & Professions Code § 2220.7(a)(1) A provision that prohibits another party to the dispute from contacting or cooperating with the board.
(2)CA Business & Professions Code § 2220.7(a)(2) A provision that prohibits another party to the dispute from filing a complaint with the board.
(3)CA Business & Professions Code § 2220.7(a)(3) A provision that requires another party to the dispute to withdraw a complaint he or she has filed with the board.
(b)CA Business & Professions Code § 2220.7(b) A provision described in subdivision (a) is void as against public policy.
(c)CA Business & Professions Code § 2220.7(c) A physician and surgeon who violates this section is subject to disciplinary action by the board.

Section § 2221

Explanation

This section explains that the board can deny a medical license to someone who has acted unprofessionally or done something that would normally result in a license being taken away. Instead of denying outright, they might offer a probationary license, which comes with certain conditions like working under supervision, restrictions on prescribing drugs, or attending treatment programs. If a probationary license is given, its terms can be changed or ended by the board after a formal request is reviewed. An application will be automatically denied if the person must register as a sex offender for certain offenses unless it's only a minor misdemeanor. If denied, a person can't reapply for at least three years, but this can be shortened to one year for good reason. Any probationary license issued will be publicly visible for ten years on the board's website.

(a)CA Business & Professions Code § 2221(a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of their license. The board, in its sole discretion, may issue a probationary physician’s and surgeon’s certificate to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation:
(1)CA Business & Professions Code § 2221(a)(1) Practice limited to a supervised, structured environment where the licensee’s activities shall be supervised by another physician and surgeon.
(2)CA Business & Professions Code § 2221(a)(2) Total or partial restrictions on drug prescribing privileges for controlled substances.
(3)CA Business & Professions Code § 2221(a)(3) Continuing medical or psychiatric treatment.
(4)CA Business & Professions Code § 2221(a)(4) Ongoing participation in a specified rehabilitation program.
(5)CA Business & Professions Code § 2221(a)(5) Enrollment and successful completion of a clinical training program.
(6)CA Business & Professions Code § 2221(a)(6) Abstention from the use of alcohol or drugs.
(7)CA Business & Professions Code § 2221(a)(7) Restrictions against engaging in certain types of medical practice.
(8)CA Business & Professions Code § 2221(a)(8) Compliance with all provisions of this chapter.
(9)CA Business & Professions Code § 2221(a)(9) Payment of the cost of probation monitoring.
(b)CA Business & Professions Code § 2221(b) The board may modify or terminate the terms and conditions imposed on the probationary certificate upon receipt of a petition from the licensee. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board.
(c)CA Business & Professions Code § 2221(c) The board shall deny a physician’s and surgeon’s certificate to an applicant who is required to register pursuant to Section 290 of the Penal Code. This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
(d)CA Business & Professions Code § 2221(d) An applicant shall not be eligible to reapply for a physician’s and surgeon’s certificate for a minimum of three years from the effective date of the denial of their application, except that the board, in its discretion and for good cause demonstrated, may permit reapplication after not less than one year has elapsed from the effective date of the denial.
(e)CA Business & Professions Code § 2221(e) The board shall disclose a probationary physician’s and surgeon’s certificate issued pursuant to this section and the operative statement of issues to an inquiring member of the public and shall post the certificate and statement on the board’s internet website for 10 years from issuance.

Section § 2221.05

Explanation

This law allows the medical board to issue a doctor’s license even if the applicant has committed small violations. Instead of denying the license or putting the doctor on probation, the board might issue a public letter of reprimand at the same time. This reprimand will be removed from public records after three years but will be visible to the public and online until then. Importantly, this statute does not change the board’s ability to give a full, unrestricted license.

(a)CA Business & Professions Code § 2221.05(a) Notwithstanding subdivision (a) of Section 2221, the board may issue a physician’s and surgeon’s certificate to an applicant who has committed minor violations that the board deems, in its discretion, do not merit the denial of a certificate or require probationary status under Section 2221, and may concurrently issue a public letter of reprimand.
(b)CA Business & Professions Code § 2221.05(b) A public letter of reprimand issued concurrently with a physician’s and surgeon’s certificate shall be purged three years from the date of issuance.
(c)CA Business & Professions Code § 2221.05(c) A public letter of reprimand issued pursuant to this section shall be disclosed to an inquiring member of the public and shall be posted on the board’s Internet Web site.
(d)CA Business & Professions Code § 2221.05(d) Nothing in this section shall be construed to affect the board’s authority to issue an unrestricted license.

Section § 2221.1

Explanation

This law states that the medical boards can investigate and discipline doctors and podiatrists who do not follow infection control guidelines, potentially risking the spread of diseases like HIV and hepatitis B. Exceptions are made if there is a good reason, like during a standard organ transplant. The boards are encouraged to consult with other medical boards to make sure everyone is on the same page regarding these rules, and they must inform licensed professionals about the latest safety measures for controlling infections.

(a)CA Business & Professions Code § 2221.1(a) The board and the California Board of Podiatric Medicine shall investigate and may take disciplinary action, including, but not limited to, revocation or suspension of licenses, against physicians and surgeons and all others licensed or regulated by the board, or by the California Board of Podiatric Medicine, whichever is applicable, who, except for good cause, knowingly fail to protect patients by failing to follow infection control guidelines of the applicable board, thereby risking transmission of blood-borne infectious diseases from the physician and surgeon or other health care provider licensed or regulated by the applicable board to patients, from patients, and from patient to physician and surgeon or other health care provider regulated by the applicable board. In so doing, the boards shall consider referencing the standards, regulations, and guidelines of the State Department of Public Health developed pursuant to Section 1250.11 of the Health and Safety Code and the standards, guidelines, and regulations pursuant to the California Occupational Safety and Health Act of 1973 (Part 1 (commencing with Section 6300) of Division 5 of the Labor Code) for preventing the transmission of HIV, hepatitis B, and other blood-borne pathogens in health care settings. As necessary, the board and the California Board of Podiatric Medicine shall consult with the Dental Board of California, the Board of Registered Nursing, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to encourage appropriate consistency in the implementation of this section.
(b)CA Business & Professions Code § 2221.1(b) Subdivision (a) does not apply to an organ transplant performed within the standard of care and in compliance with subdivision (d) of Section 1644.5 of the Health and Safety Code.
(c)CA Business & Professions Code § 2221.1(c) The board shall seek to ensure that licentiates and others regulated by the board are informed of the responsibility of licentiates to follow infection control guidelines and of the most recent scientifically recognized safeguards for minimizing the transmission of blood-borne infectious diseases.

Section § 2222

Explanation

This law gives the California Board of Podiatric Medicine the job of enforcing standards and dealing with any professional missteps by doctors of podiatric medicine. If such a doctor breaks the rules, the Board can deny or conditionally issue licenses, and decide to revoke or suspend them when necessary. They follow specified procedures similar to those used for other medical professionals, ensuring fair hearings and consistent enforcement.

The California Board of Podiatric Medicine shall enforce and administer this article as to doctors of podiatric medicine. Any acts of unprofessional conduct or other violations proscribed by this chapter are applicable to licensed doctors of podiatric medicine and wherever the Medical Quality Hearing Panel established under Section 11371 of the Government Code is vested with the authority to enforce and carry out this chapter as to licensed physicians and surgeons, the Medical Quality Hearing Panel also possesses that same authority as to licensed doctors of podiatric medicine.
The California Board of Podiatric Medicine may order the denial of an application or issue a certificate subject to conditions as set forth in Section 2221, or order the revocation, suspension, or other restriction of, or the modification of that penalty, and the reinstatement of any certificate of a doctor of podiatric medicine within its authority as granted by this chapter and in conjunction with the administrative hearing procedures established pursuant to Sections 11371, 11372, 11373, and 11529 of the Government Code. For these purposes, the California Board of Podiatric Medicine shall exercise the powers granted and be governed by the procedures set forth in this chapter.

Section § 2224

Explanation

This section explains that while the board can delegate certain tasks like investigations and inspections to the executive director or other personnel, it cannot delegate the power to make final decisions on disciplinary actions against license holders. This authority remains with the board. However, the executive director is allowed to finalize certain types of decisions, such as those resulting from defaults or agreed-upon license surrenders.

(a)CA Business & Professions Code § 2224(a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of the board or to other personnel as set forth in Section 2020. The board shall not delegate its authority to take final disciplinary action against a licensee as provided in Section 2227 and other provisions of this chapter. The board shall not delegate any authority of the Senior Assistant Attorney General of the Health Quality Enforcement Section or any powers vested in the administrative law judges of the Office of Administrative Hearings, as designated in Section 11371 of the Government Code.
(b)CA Business & Professions Code § 2224(b) Notwithstanding subdivision (a), the board shall delegate to its executive director the authority to adopt a decision entered by default, a stipulation for surrender of a license, and automatic revocations.

Section § 2225

Explanation

This law states that the confidentiality typically applied to doctor-patient communications doesn't protect information during investigations by medical boards or the Attorney General related to complaints about doctors' conduct. Patient names are kept confidential unless necessary for investigation procedures. Investigators can look into any alleged violations and access relevant documents if patient consent is given, or if related to business operations of a licensee. In cases involving a patient's death, medical records can be reviewed without consent to determine if the doctor's actions were improper, given unsuccessful attempts to contact the deceased's representative. Requested documents must be provided within 15 business days unless there is a valid reason for delay. Failing to provide these documents is deemed unprofessional conduct, and inspections should not disrupt medical operations.

(a)CA Business & Professions Code § 2225(a) Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of podiatric medicine and his or her patients a privileged communication, those provisions shall not apply to investigations or proceedings conducted under this chapter. Members of the board, the Senior Assistant Attorney General of the Health Quality Enforcement Section, members of the California Board of Podiatric Medicine, and deputies, employees, agents, and representatives of the board or the California Board of Podiatric Medicine and the Senior Assistant Attorney General of the Health Quality Enforcement Section shall keep in confidence during the course of investigations, the names of any patients whose records are reviewed and shall not disclose or reveal those names, except as is necessary during the course of an investigation, unless and until proceedings are instituted. The authority of the board or the California Board of Podiatric Medicine and the Health Quality Enforcement Section to examine records of patients in the office of a physician and surgeon or a doctor of podiatric medicine is limited to records of patients who have complained to the board or the California Board of Podiatric Medicine about that licensee.
(b)CA Business & Professions Code § 2225(b) Notwithstanding any other law, the Attorney General and his or her investigative agents, and investigators and representatives of the board or the California Board of Podiatric Medicine, may inquire into any alleged violation of the Medical Practice Act or any other federal or state law, regulation, or rule relevant to the practice of medicine or podiatric medicine, whichever is applicable, and may inspect documents relevant to those investigations in accordance with the following procedures:
(1)CA Business & Professions Code § 2225(b)(1) Any document relevant to an investigation may be inspected, and copies may be obtained, where patient consent is given.
(2)CA Business & Professions Code § 2225(b)(2) Any document relevant to the business operations of a licensee, and not involving medical records attributable to identifiable patients, may be inspected and copied if relevant to an investigation of a licensee.
(c)Copy CA Business & Professions Code § 2225(c)
(1)Copy CA Business & Professions Code § 2225(c)(1) Notwithstanding subdivision (b) or any other law, in any investigation that involves the death of a patient, the board may inspect and copy the medical records of the deceased patient without the authorization of the beneficiary or personal representative of the deceased patient or a court order solely for the purpose of determining the extent to which the death was the result of the physician and surgeon’s conduct in violation of the Medical Practice Act, if the board provides a written request to either the physician and surgeon or the facility where the medical records are located or the care to the deceased patient was provided, that includes a declaration that the board has been unsuccessful in locating or contacting the deceased patient’s beneficiary or personal representative after reasonable efforts. Nothing in this subdivision shall be construed to allow the board to inspect and copy the medical records of a deceased patient without a court order when the beneficiary or personal representative of the deceased patient has been located and contacted but has refused to consent to the board inspecting and copying the medical records of the deceased patient.
(2)CA Business & Professions Code § 2225(c)(2) The Legislature finds and declares that the authority created in the board pursuant to this section, and a physician and surgeon’s compliance with this section, are consistent with the public interest and benefit activities of the federal Health Insurance Portability and Accountability Act (HIPAA).
(d)CA Business & Professions Code § 2225(d) In all cases in which documents are inspected or copies of those documents are received, their acquisition or review shall be arranged so as not to unnecessarily disrupt the medical and business operations of the licensee or of the facility where the records are kept or used.
(e)CA Business & Professions Code § 2225(e) If documents are lawfully requested from licensees in accordance with this section by the Attorney General or his or her agents or deputies, or investigators of the board or the California Board of Podiatric Medicine, the documents shall be provided within 15 business days of receipt of the request, unless the licensee is unable to provide the documents within this time period for good cause, including, but not limited to, physical inability to access the records in the time allowed due to illness or travel. Failure to produce requested documents or copies thereof, after being informed of the required deadline, shall constitute unprofessional conduct. The board may use its authority to cite and fine a physician and surgeon for any violation of this section. This remedy is in addition to any other authority of the board to sanction a licensee for a delay in producing requested records.
(f)CA Business & Professions Code § 2225(f) Searches conducted of the office or medical facility of any licensee shall not interfere with the recordkeeping format or preservation needs of any licensee necessary for the lawful care of patients.

Section § 2225.3

Explanation

If you provided any original documents to the California Board of Podiatric Medicine or the Attorney General, they have to give those documents back to you within a week.

The board, the California Board of Podiatric Medicine, and the Attorney General, shall return any original documents received pursuant to Section 2225 to the licensee from whom they were obtained within seven calendar days.

Section § 2225.5

Explanation

This law says that if doctors or health care facilities are asked for a patient's certified medical records by the board, and the patient has agreed in writing, they have to provide those records within a specific time. If they don't, they could face fines of $1,000 per day until they hand over the records, with a maximum fine of $10,000. For facilities with electronic records, the time frame is shorter. If they still don't comply after a court order, they can be fined again or even face more serious penalties, like license suspension or jail time. The penalties are set under specific procedural rules. Certified records mean records verified by the provider, and health care facilities include licensed clinics and health facilities.

(a)Copy CA Business & Professions Code § 2225.5(a)
(1)Copy CA Business & Professions Code § 2225.5(a)(1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization, shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars ($10,000), unless the licensee is unable to provide the documents within this time period for good cause.
(2)CA Business & Professions Code § 2225.5(a)(2) A health care facility shall comply with a request for the certified medical records of a patient that is accompanied by that patient’s written authorization for release of records to the board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the authorizing patient’s certified medical records to the board within 30 days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 30th day, up to ten thousand dollars ($10,000), unless the health care facility is unable to provide the documents within this time period for good cause. For health care facilities that have electronic health records, failure to provide the authorizing patient’s certified medical records to the board within 15 days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars ($10,000), unless the health care facility is unable to provide the documents within this time period for good cause. This paragraph shall not require health care facilities to assist the board in obtaining the patient’s authorization. The board shall pay the reasonable costs of copying the certified medical records.
(b)Copy CA Business & Professions Code § 2225.5(b)
(1)Copy CA Business & Professions Code § 2225.5(b)(1) A licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the date by which the court order requires the documents to be produced, up to ten thousand dollars ($10,000), unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled upon the service of an order to show cause pursuant to Section 11188 of the Government Code, until such time as the subpoenaed records are produced, including during any period the licensee is out of compliance with the court order and during any related appeals, or until the court declines to issue an order mandating release of records to the board.
(2)CA Business & Professions Code § 2225.5(b)(2) Any licensee who fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). The fine shall be added to the licensee’s renewal fee if it is not paid by the next succeeding renewal date. Any statute of limitations applicable to the filing of an accusation by the board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals.
(3)CA Business & Professions Code § 2225.5(b)(3) A health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of patient records to the board, that is accompanied by a notice citing this section and describing the penalties for failure to comply with this section, shall pay to the board a civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced, up to ten thousand dollars ($10,000), after the date by which the court order requires the documents to be produced, unless it is determined that the order is unlawful or invalid. Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals, or until the court declines to issue an order mandating release of records to the board.
(4)CA Business & Professions Code § 2225.5(b)(4) Any health care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board is guilty of a misdemeanor punishable by a fine payable to the board not to exceed five thousand dollars ($5,000). Any statute of limitations applicable to the filing of an accusation by the board against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals.
(c)CA Business & Professions Code § 2225.5(c) Multiple acts by a licensee in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. Multiple acts by a health care facility in violation of subdivision (b) shall be punishable by a fine not to exceed five thousand dollars ($5,000) and shall be reported to the State Department of Public Health and shall be considered as grounds for disciplinary action with respect to licensure, including suspension or revocation of the license or certificate.
(d)CA Business & Professions Code § 2225.5(d) A failure or refusal of a licensee to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board constitutes unprofessional conduct and is grounds for suspension or revocation of their license.
(e)CA Business & Professions Code § 2225.5(e) Imposition of the civil penalties authorized by this section shall be in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code).
(f)CA Business & Professions Code § 2225.5(f) For purposes of this section, “certified medical records” means a copy of the patient’s medical records authenticated by the licensee or health care facility, as appropriate, on a form prescribed by the board.
(g)CA Business & Professions Code § 2225.5(g) For purposes of this section, a “health care facility” means a clinic or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.

Section § 2225.7

Explanation
If a law officer or board representative asks for records from a pharmacy or similar licensed business, the owner or manager must hand them over within three business days. They can ask for extra time, up to 14 more days, but only if the board approves. If the board does not respond to the extension request within two business days, the extension is automatically approved.
When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity licensed by the Board of Pharmacy shall provide the board, or its authorized representative, with the requested records within three business days of the time the request was made. The entity may request in writing an extension of this timeframe for a period not to exceed 14 calendar days from the date the records were requested. A request for an extension of time is subject to the approval of the board. An extension shall be deemed approved if the board fails to deny the extension request within two business days of the time the extension request was made directly to the board.

Section § 2226

Explanation

This law allows certain authorities, like the Division of Medical Quality or a specific Senior Assistant Attorney General, to check hospitals for their compliance with certain rules. They can look at medical records and require hospitals to report if they are following specific regulations. Only licensed doctors can be given this inspection authority.

The Division of Medical Quality or the Senior Assistant Attorney General of the Health Quality Enforcement Section may inspect a licensed general or specialized hospital and require reports from them to determine if the hospital has adopted and is complying with the provisions of Sections 2282 and 2283. They may inspect medical staff and patient hospital medical records subject to the provisions of Section 2225. Notwithstanding Section 2224, the division’s authority under this section shall be delegated only to a licensed physician and surgeon.

Section § 2227

Explanation
If a medical professional (licensee) is found guilty or agrees to disciplinary action before a specialized judge, several outcomes can occur. Their license can be revoked, they might be suspended for up to a year, put on probation with associated costs, publicly reprimanded (possibly with added coursework), or face other disciplinary actions. Most cases are made public, except for certain confidential or specially agreed upon resolutions.
(a)CA Business & Professions Code § 2227(a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government Code, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the board, may, in accordance with the provisions of this chapter:
(1)CA Business & Professions Code § 2227(a)(1) Have his or her license revoked upon order of the board.
(2)CA Business & Professions Code § 2227(a)(2) Have his or her right to practice suspended for a period not to exceed one year upon order of the board.
(3)CA Business & Professions Code § 2227(a)(3) Be placed on probation and be required to pay the costs of probation monitoring upon order of the board.
(4)CA Business & Professions Code § 2227(a)(4) Be publicly reprimanded by the board. The public reprimand may include a requirement that the licensee complete relevant educational courses approved by the board.
(5)CA Business & Professions Code § 2227(a)(5) Have any other action taken in relation to discipline as part of an order of probation, as the board or an administrative law judge may deem proper.
(b)CA Business & Professions Code § 2227(b) Any matter heard pursuant to subdivision (a), except for warning letters, medical review or advisory conferences, professional competency examinations, continuing education activities, and cost reimbursement associated therewith that are agreed to with the board and successfully completed by the licensee, or other matters made confidential or privileged by existing law, is deemed public, and shall be made available to the public by the board pursuant to Section 803.1.

Section § 2227.3

Explanation

This law allows the board to let its executive director send a confidential letter of advice to a licensee if there's a minor complaint that doesn't involve patient care. This letter can suggest that the licensee takes some educational courses or other remedial actions to clear up the issue. If the licensee doesn't follow through in the agreed time, it's considered unprofessional conduct. The letter and complaint are kept for three years and are removed if no new complaints arise. The board is also required to make specific rules to put this procedure in place.

(a)CA Business & Professions Code § 2227.3(a) The board may delegate to its executive director the authority to issue an administrative confidential letter of advice to a licensee to resolve a complaint for an alleged minor violation of this chapter that is not related to patient care. The letter of advice may include an agreement by the licensee to complete one or more relevant educational courses approved by the board, or its designee, or take other remedial action to resolve the complaint.
(b)CA Business & Professions Code § 2227.3(b) The complaint and confidential letter of advice shall be maintained for three years from the date the complaint was received, and if no further complaint against the licensee is received, the complaint and confidential letter of advice shall be purged.
(c)CA Business & Professions Code § 2227.3(c) A licensee’s failure to take the remedial action within the timeframe agreed upon constitutes unprofessional conduct.
(d)CA Business & Professions Code § 2227.3(d) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section.

Section § 2227.5

Explanation
If the board investigates a complaint about a licensee's unprofessional conduct and finds there's not enough evidence for disciplinary action, it will keep a copy of that complaint for seven years or until the time limit for taking legal action runs out, whichever is shorter.
The board shall keep a copy of a complaint it receives concerning the unprofessional conduct of a licensee for seven years or until the statute of limitations for filing an accusation against a licensee has expired, whichever period is shorter, if the board finds after an investigation that there is insufficient evidence to proceed with disciplinary action.

Section § 2228

Explanation

This law gives the board, or the California Board of Podiatric Medicine, the power to discipline a licensee by putting them on probation. This includes a few different things: making them take extra training and pass tests, having them undergo a medical check-up by doctors chosen by the board, limiting what type of medical practice they can do, or even making them do community service instead of other penalties, unless their issue is related to poor quality care.

The authority of the board or the California Board of Podiatric Medicine to discipline a licensee by placing him or her on probation includes, but is not limited to, the following:
(a)CA Business & Professions Code § 2228(a) Requiring the licensee to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral, or both, and may be a practical or clinical examination, or both, at the option of the board or the administrative law judge.
(b)CA Business & Professions Code § 2228(b) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians and surgeons appointed by the board. If an examination is ordered, the board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians and surgeons of the licensee’s choice.
(c)CA Business & Professions Code § 2228(c) Restricting or limiting the extent, scope, or type of practice of the licensee, including requiring notice to applicable patients that the licensee is unable to perform the indicated treatment, where appropriate.
(d)CA Business & Professions Code § 2228(d) Providing the option of alternative community service in cases other than violations relating to quality of care.

Section § 2228.1

Explanation

This law requires doctors who are on probation to inform their patients about their status before the first visit post-probation order. They must disclose details such as the probation length and any practice restrictions. Patients need to be informed unless the situation is an emergency or other exceptions apply. Additionally, the board must display probation details clearly on the doctor's online profile, helping patients access information about probation causes and terms.

(a)CA Business & Professions Code § 2228.1(a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board and the Podiatric Medical Board of California shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:
(1)CA Business & Professions Code § 2228.1(a)(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:
(A)CA Business & Professions Code § 2228.1(a)(1)(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.
(B)CA Business & Professions Code § 2228.1(a)(1)(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.
(C)CA Business & Professions Code § 2228.1(a)(1)(C) Criminal conviction directly involving harm to patient health.
(D)CA Business & Professions Code § 2228.1(a)(1)(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.
(2)CA Business & Professions Code § 2228.1(a)(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendere or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.
(b)CA Business & Professions Code § 2228.1(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c)CA Business & Professions Code § 2228.1(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1)CA Business & Professions Code § 2228.1(c)(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2)CA Business & Professions Code § 2228.1(c)(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3)CA Business & Professions Code § 2228.1(c)(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4)CA Business & Professions Code § 2228.1(c)(4) The licensee does not have a direct treatment relationship with the patient.
(d)CA Business & Professions Code § 2228.1(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information internet website.
(1)CA Business & Professions Code § 2228.1(d)(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2)CA Business & Professions Code § 2228.1(d)(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3)CA Business & Professions Code § 2228.1(d)(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4)CA Business & Professions Code § 2228.1(d)(4) The length of the probation and end date.
(5)CA Business & Professions Code § 2228.1(d)(5) All practice restrictions placed on the license by the board.
(e)CA Business & Professions Code § 2228.1(e) Section 2314 shall not apply to this section.

Section § 2228.5

Explanation

This law ensures that doctors must individually evaluate patients before denying treatment or medication based solely on cannabis use or a positive THC drug test. The use of medical cannabis recommended by a doctor shouldn't be treated as illegal drug use. Doctors won't face penalties for treating patients in accordance with this law. A 'qualified patient' is defined elsewhere, and 'medically significant' means cannabis use could impact treatment effectiveness, cause harm, or isn't suitable, as determined by a doctor.

(a)CA Business & Professions Code § 2228.5(a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication.
(b)CA Business & Professions Code § 2228.5(b) The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described in subdivision (a).
(c)CA Business & Professions Code § 2228.5(c) No physician and surgeon shall be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the requirements of this section and consistent with the standard of care.
(d)CA Business & Professions Code § 2228.5(d) For purposes of this section, the following terms have the following meanings:
(1)CA Business & Professions Code § 2228.5(d)(1) “Medically significant” means that a physician and surgeon has made a clinical determination that may include, but is not limited to, any of the following:
(A)CA Business & Professions Code § 2228.5(d)(1)(A) The treatment or medication is contraindicated or is likely, or expected, to cause an adverse reaction or physical or mental harm to the qualified patient if administered or used in conjunction with THC or medical cannabis, based on the known clinical characteristics of the patient and the known characteristics and history of the patient’s treatment or medication regimen.
(B)CA Business & Professions Code § 2228.5(d)(1)(B) The treatment or medication is expected to be ineffective based on the known clinical characteristics of the qualified patient and the known characteristics and history of the patient’s treatment or medication regimen.
(C)CA Business & Professions Code § 2228.5(d)(1)(C) The treatment or medication, when administered or used in conjunction with THC or medical cannabis, is not clinically appropriate for the qualified patient because the treatment or medication is expected to do any of the following, as determined by a physician and surgeon:
(i)CA Business & Professions Code § 2228.5(d)(1)(C)(i) Worsen a comorbid condition.
(ii)CA Business & Professions Code § 2228.5(d)(1)(C)(ii) Decrease the capacity to maintain a reasonable functional ability in performing daily activities.
(iii)CA Business & Professions Code § 2228.5(d)(1)(C)(iii) Pose a significant barrier to adherence to, or compliance with, the qualified patient’s drug regimen or plan of care.
(D)CA Business & Professions Code § 2228.5(d)(1)(D) Any other clinically or medically relevant determination.
(2)CA Business & Professions Code § 2228.5(d)(2) “Qualified patient” has the same meaning as defined in Section 11362.7 of the Health and Safety Code.

Section § 2229

Explanation

The main goal for the Division of Medical Quality, the California Board of Podiatric Medicine, and related judges is to protect the public when they discipline medical professionals. They should aim to help rehabilitate licensees, like doctors, unless that contradicts public safety. If issues arise due to a lack of continuing education, they might restrict the professional's practice to address those issues. If there's a conflict between helping the professional and protecting the public, keeping the public safe is the top priority.

(a)CA Business & Professions Code § 2229(a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative law judges of the Medical Quality Hearing Panel in exercising their disciplinary authority.
(b)CA Business & Professions Code § 2229(b) In exercising his or her disciplinary authority an administrative law judge of the Medical Quality Hearing Panel, the division, or the California Board of Podiatric Medicine, shall, wherever possible, take action that is calculated to aid in the rehabilitation of the licensee, or where, due to a lack of continuing education or other reasons, restriction on scope of practice is indicated, to order restrictions as are indicated by the evidence.
(c)CA Business & Professions Code § 2229(c) It is the intent of the Legislature that the division, the California Board of Podiatric Medicine, and the enforcement program shall seek out those licensees who have demonstrated deficiencies in competency and then take those actions as are indicated, with priority given to those measures, including further education, restrictions from practice, or other means, that will remove those deficiencies. Where rehabilitation and protection are inconsistent, protection shall be paramount.

Section § 2230

Explanation

This law explains how proceedings for unprofessional conduct against a licensed professional or an applicant for a license are handled. They must follow the procedures set out in the Administrative Procedure Act. The Health Quality Enforcement Section's Senior Assistant Attorney General is responsible for prosecuting these cases. Additionally, any decisions made by a board-appointed panel are final once disciplinary action is taken.

(a)CA Business & Professions Code § 2230(a) All proceedings against a licensee for unprofessional conduct, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in this chapter, and shall be prosecuted by the Senior Assistant Attorney General of the Health Quality Enforcement Section.
(b)CA Business & Professions Code § 2230(b) For purposes of this article, “agency itself,” as used in the Administrative Procedure Act, means any panel appointed by the board pursuant to Section 2008. The decision or order of a panel imposing any disciplinary action pursuant to this chapter and the Administrative Procedure Act shall be final.

Section § 2230.5

Explanation

This law sets time limits for filing accusations against licensees for disciplinary action. Generally, accusations must be filed within three years of discovering the violation or within seven years of it happening, whichever is first. However, these limits don't apply if a license was obtained fraudulently, or if the licensee's unprofessional conduct was hidden intentionally. Accusations involving sexual misconduct have a different rule: they must be filed within three years of discovery or ten years of the act. If a minor is involved, the time limit freezes until they become an adult. Accusations are also paused if important evidence is tied up in a criminal investigation.

(a)CA Business & Professions Code § 2230.5(a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be filed within three years after the board, or a division thereof, discovers the act or omission alleged as the ground for disciplinary action, or within seven years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first.
(b)CA Business & Professions Code § 2230.5(b) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging the procurement of a license by fraud or misrepresentation is not subject to the limitation provided for by subdivision (a).
(c)CA Business & Professions Code § 2230.5(c) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging unprofessional conduct based on incompetence, gross negligence, or repeated negligent acts of the licensee is not subject to the limitation provided for by subdivision (a) upon proof that the licensee intentionally concealed from discovery his or her incompetence, gross negligence, or repeated negligent acts.
(d)CA Business & Professions Code § 2230.5(d) If an alleged act or omission involves a minor, the seven-year limitations period provided for by subdivision (a) and the 10-year limitations period provided for by subdivision (e) shall be tolled until the minor reaches the age of majority.
(e)CA Business & Professions Code § 2230.5(e) An accusation filed against a licensee pursuant to Section 11503 of the Government Code alleging sexual misconduct shall be filed within three years after the board, or a division thereof, discovers the act or omission alleged as the ground for disciplinary action, or within 10 years after the act or omission alleged as the ground for disciplinary action occurs, whichever occurs first. This subdivision shall apply to a complaint alleging sexual misconduct received by the board on and after January 1, 2002.
(f)CA Business & Professions Code § 2230.5(f) The limitations period provided by subdivision (a) shall be tolled during any period if material evidence necessary for prosecuting or determining whether a disciplinary action would be appropriate is unavailable to the board due to an ongoing criminal investigation.

Section § 2231

Explanation

This law allows an administrative law judge to use certain procedures when they recognize information that is widely accepted or proven in their official or court decisions.

An administrative law judge as designated in Section 11371 of the Government Code may utilize the procedures in Section 11515 of the Government Code concerning any matters which may be officially or judicially noticed.

Section § 2232

Explanation

If someone with a medical license has been convicted of certain serious crimes or required to register as a sex offender, their license will be automatically revoked. They will be notified and can request a hearing within 30 days. This rule doesn't apply to those registering due solely to minor crimes. Even if a conviction is appealed and overturned, the license revocation stops, but other disciplinary actions may still occur. A guilty plea counts as a conviction, and this specific revocation process overrides other procedures.

(a)Copy CA Business & Professions Code § 2232(a)
(1)Copy CA Business & Professions Code § 2232(a)(1) Except as provided in subdivision (c), the board shall automatically revoke a license under either of the following circumstances:
(A)CA Business & Professions Code § 2232(a)(1)(A) The licensee, at any time after January 1, 1947, has been convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code.
(B)CA Business & Professions Code § 2232(a)(1)(B) The licensee, at any time after January 1, 1947, has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the related conviction has been appealed.
(2)CA Business & Professions Code § 2232(a)(2) The board shall notify the licensee of the license revocation and of their right to elect to have a hearing as provided in subdivision (b).
(b)CA Business & Professions Code § 2232(b) Upon revocation of the physician’s and surgeon’s certificate, the holder of the certificate may request a hearing within 30 days of the revocation. The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(c)CA Business & Professions Code § 2232(c) This section shall not apply to a person who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
(d)CA Business & Professions Code § 2232(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
(e)CA Business & Professions Code § 2232(e) If the related conviction of the certificate holder is overturned on appeal, the revocation ordered pursuant to this section shall automatically cease. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.
(f)CA Business & Professions Code § 2232(f) The other provisions of this article setting forth a procedure for the revocation of a physician’s and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section.

Section § 2232.5

Explanation

If a physician is convicted of certain serious crimes, their medical license will be automatically suspended and possibly revoked. This includes crimes like sexual misconduct, serious felonies, and illegal dealings with fentanyl. The suspension or revocation stays in place until the conviction is final or appeals are finished. However, the medical board can choose not to suspend or revoke if it's deemed fair. Physicians can ask for a hearing within 30 days of the suspension or revocation, but the hearing will only decide the type of punishment, not whether the crime relates to medical practice.

(a)Copy CA Business & Professions Code § 2232.5(a)
(1)Copy CA Business & Professions Code § 2232.5(a)(1) Notwithstanding Section 2236, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where the conviction involves a violation of one or more of the statutes identified in subdivision (b) whether in the course of the licensee’s practice as a physician and surgeon or otherwise.
(2)CA Business & Professions Code § 2232.5(a)(2) The suspension shall remain in effect until the time for appeal has elapsed if no appeal has been taken, or until judgment of conviction has been affirmed on appeal, or has otherwise become final, and until the further order of the board.
(3)CA Business & Professions Code § 2232.5(a)(3) The board or its designee may decline to impose or may set aside the suspension when it appears to be in the best interest of justice to do so, with due regard being given to maintaining the integrity of, and confidence in, the profession.
(b)Copy CA Business & Professions Code § 2232.5(b)
(1)Copy CA Business & Professions Code § 2232.5(b)(1) Sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.
(2)CA Business & Professions Code § 2232.5(b)(2) Offenses described in subdivisions (c) and (d) of Section 290 of the Penal Code.
(3)CA Business & Professions Code § 2232.5(b)(3) Serious felonies as defined in Section 1192.7 of the Penal Code.
(4)CA Business & Professions Code § 2232.5(b)(4) Selling, transporting, furnishing, administering, giving, possessing with intent to sell, or offering to sell, furnish, administer, or give to any person, any fentanyl or fentanyl laced product without a lawful prescription.
(c)Copy CA Business & Professions Code § 2232.5(c)
(1)Copy CA Business & Professions Code § 2232.5(c)(1) Following the conviction of a felony as described in subdivision (b), the board or its designee shall automatically revoke a license at such time as the time for appeal has elapsed with no appeal having been taken, or the judgment of conviction having been affirmed on appeal, or the judgment of conviction having otherwise become final.
(2)CA Business & Professions Code § 2232.5(c)(2) If the related conviction of the licensee is overturned on appeal, no revocation order shall be issued as to that conviction, and any suspension order issued pursuant to the above shall be rescinded, unless any such order is based on a stipulated settlement. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction, including, but not limited to, the underlying conduct alleged in the criminal case.
(d)Copy CA Business & Professions Code § 2232.5(d)
(1)Copy CA Business & Professions Code § 2232.5(d)(1) The licensee may request a hearing within 30 days of the automatic suspension order described in subdivision (a) and the automatic revocation order described in subdivision (c). The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) except as provided in paragraph (2).
(2)CA Business & Professions Code § 2232.5(d)(2) The Legislature finds and declares that the conviction of any felony identified in subdivision (b) is substantially related to the practice of medicine. An administrative law judge shall not permit or give any weight to expert testimony regarding whether the conviction is substantially related to the practice of medicine. The only purpose of an administrative hearing shall be to determine whether the discipline imposed shall be a suspension, revocation, or other action under the circumstances of the case.

Section § 2233

Explanation

This law allows the board to issue a public letter of reprimand to a physician instead of pursuing formal charges. This reprimand is given after an investigation and can include mandatory training. The physician must agree or disagree to the reprimand in writing within 30 days, though the board can extend this deadline. Such reprimands are used only for minor violations and follow specific guidelines.

The board may, by stipulation or settlement with the affected physician and surgeon, issue a public letter of reprimand after it has conducted an investigation or inspection as provided in this article, rather than filing or prosecuting a formal accusation. The public letter of reprimand may, at the discretion of the board, include a requirement for specified training or education. The affected physician and surgeon shall indicate agreement or nonagreement in writing within 30 days of formal notification by the board of its intention to issue the letter. The board, at its option, may extend the response time. Use of a public reprimand shall be limited to minor violations and shall be issued under guidelines established by regulations of the board.

Section § 2234

Explanation

This law requires the board to act against any medical license holder charged with unprofessional behavior. Unprofessional conduct includes things like breaking the rules of the chapter, gross negligence, repeatedly negligent actions, incompetence, or doing dishonest or corrupt acts related to being a doctor. It also covers actions that would have led to a certificate being denied, failing to attend a board interview without reason, trying to stop patients from sharing their medical records with the board, and influencing people not to report or testify against a licensee. Essentially, they can face consequences for serious professional missteps or misconduct.

The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
(a)CA Business & Professions Code § 2234(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.
(b)CA Business & Professions Code § 2234(b) Gross negligence.
(c)CA Business & Professions Code § 2234(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.
(1)CA Business & Professions Code § 2234(c)(1) An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
(2)CA Business & Professions Code § 2234(c)(2) When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee’s conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.
(d)CA Business & Professions Code § 2234(d) Incompetence.
(e)CA Business & Professions Code § 2234(e) The commission of any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of a physician and surgeon.
(f)CA Business & Professions Code § 2234(f) Any action or conduct that would have warranted the denial of a certificate.
(g)CA Business & Professions Code § 2234(g) The failure by a certificate holder, in the absence of good cause, to attend and participate in an interview by the board no later than 30 calendar days after being notified by the board. This subdivision shall only apply to a certificate holder who is the subject of an investigation by the board.
(h)CA Business & Professions Code § 2234(h) Any action of the licensee, or another person acting on behalf of the licensee, intended to cause their patient or their patient’s authorized representative to rescind consent to release the patient’s medical records to the board or the Department of Consumer Affairs, Health Quality Investigation Unit.
(i)CA Business & Professions Code § 2234(i) Dissuading, intimidating, or tampering with a patient, witness, or any person in an attempt to prevent them from reporting or testifying about a licensee.

Section § 2234.1

Explanation

This law states that doctors won't face discipline just for using alternative or complementary medicine, like in treating Lyme Disease, if they follow certain guidelines. These include getting informed consent from the patient, performing a thorough examination, having a valid medical reason for the treatment, and informing the patient about conventional treatments and the doctor's qualifications. The treatment must not delay or discourage traditional diagnosis, nor cause serious harm. "Alternative or complementary medicine" refers to treatments not widely used but with potential benefits outweighing risks. The law acknowledges it can take years for new medical practices to become common, so new approaches should be considered, especially for diseases not well recognized in California.

(a)CA Business & Professions Code § 2234.1(a) A physician and surgeon shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis that the treatment or advice he or she rendered to a patient is alternative or complementary medicine, including the treatment of persistent Lyme Disease, if that treatment or advice meets all of the following requirements:
(1)CA Business & Professions Code § 2234.1(a)(1) It is provided after informed consent and a good-faith prior examination of the patient, and medical indication exists for the treatment or advice, or it is provided for health or well-being.
(2)CA Business & Professions Code § 2234.1(a)(2) It is provided after the physician and surgeon has given the patient information concerning conventional treatment and describing the education, experience, and credentials of the physician and surgeon related to the alternative or complementary medicine that he or she practices.
(3)CA Business & Professions Code § 2234.1(a)(3) In the case of alternative or complementary medicine, it does not cause a delay in, or discourage traditional diagnosis of, a condition of the patient.
(4)CA Business & Professions Code § 2234.1(a)(4) It does not cause death or serious bodily injury to the patient.
(b)CA Business & Professions Code § 2234.1(b) For purposes of this section, “alternative or complementary medicine,” means those health care methods of diagnosis, treatment, or healing that are not generally used but that provide a reasonable potential for therapeutic gain in a patient’s medical condition that is not outweighed by the risk of the health care method.
(c)CA Business & Professions Code § 2234.1(c) Since the National Institute of Medicine has reported that it can take up to 17 years for a new best practice to reach the average physician and surgeon, it is prudent to give attention to new developments not only in general medical care but in the actual treatment of specific diseases, particularly those that are not yet broadly recognized in California.

Section § 2235

Explanation

If someone got their medical license in California through lying or a mistake, the Attorney General's office will take action against them. Also, if the license was given by error, the division responsible will handle it.

Upon referral from the division, the Senior Assistant Attorney General of the Health Quality Enforcement Section shall initiate action against any licensee who obtains a certificate by fraud or misrepresentation, including a reciprocity certificate which is based upon a certificate or license obtained by fraud or mistake. The division shall take action against any licensee whose certificate was issued by mistake.

Section § 2236

Explanation

If a doctor is convicted of a crime that relates to their work, it's considered professional misconduct. When a doctor is facing charges for a serious crime, the prosecutor must inform the medical board right away, and the court file should note that the person's a doctor. If convicted, the court must send the conviction record to the board quickly. The board can look into the details of the crime to decide the punishment. Even if the doctor pleads no contest, it's still treated as a conviction.

(a)CA Business & Professions Code § 2236(a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred.
(b)CA Business & Professions Code § 2236(b) The district attorney, city attorney, or other prosecuting agency shall notify the Division of Medical Quality of the pendency of an action against a licensee charging a felony or misdemeanor immediately upon obtaining information that the defendant is a licensee. The notice shall identify the licensee and describe the crimes charged and the facts alleged. The prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds a license as a physician and surgeon.
(c)CA Business & Professions Code § 2236(c) The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the board. The division may inquire into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the conviction is of an offense substantially related to the qualifications, functions, or duties of a physician and surgeon.
(d)CA Business & Professions Code § 2236(d) A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section and Section 2236.1. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.

Section § 2236.1

Explanation

If a doctor is convicted of a felony and goes to jail, their medical license is automatically suspended, even if they've appealed the conviction. The Medical Quality Division will decide how long the suspension lasts and notify the doctor. If the felony is related to being a doctor, the license stays suspended until the appeal time is up or the conviction is finalized. In some serious cases like murder or sexual crimes, the relatedness to medical duties is assumed, and no hearing is needed. Doctors can request a hearing on the penalty before the conviction is final, but if the conviction is later overturned, any penalty stops. The evidence from the conviction process can be used in hearings, and the usual rules for license suspension don't apply here.

(a)CA Business & Professions Code § 2236.1(a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction of a felony, regardless of whether the conviction has been appealed. The Division of Medical Quality shall, immediately upon receipt of the certified copy of the record of conviction, determine whether the certificate of the physician and surgeon has been automatically suspended by virtue of the physician and surgeon’s incarceration, and if so, the duration of that suspension. The division shall notify the physician and surgeon of the license suspension and of the right to elect to have the issue of penalty heard as provided in this section.
(b)CA Business & Professions Code § 2236.1(b) Upon receipt of the certified copy of the record of conviction, if after a hearing it is determined therefrom that the felony of which the licensee was convicted was substantially related to the qualifications, functions, or duties of a physician and surgeon, the Division of Medical Quality shall suspend the license until the time for appeal has elapsed, if an appeal has not been taken, or until the judgment of conviction has been affirmed on appeal or has otherwise become final, and until further order of the division. The issue of substantial relationship shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division.
(c)CA Business & Professions Code § 2236.1(c) Notwithstanding subdivision (b), a conviction of any crime referred to in Section 2237, or a conviction of Section 187, 261, 288, or former Section 262, of the Penal Code, shall be conclusively presumed to be substantially related to the qualifications, functions, or duties of a physician and surgeon and a hearing shall not be held on this issue. Upon its own motion or for good cause shown, the division may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the medical profession.
(d)Copy CA Business & Professions Code § 2236.1(d)
(1)Copy CA Business & Professions Code § 2236.1(d)(1) Discipline may be ordered in accordance with Section 2227, or the Division of Licensing may order the denial of the license when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw the plea of guilty and to enter a plea of not guilty, setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.
(2)CA Business & Professions Code § 2236.1(d)(2) The issue of penalty shall be heard by an administrative law judge from the Medical Quality Hearing Panel sitting alone or with a panel of the division, in the discretion of the division. The hearing shall not be had until the judgment of conviction has become final or, irrespective of a subsequent order under Section 1203.4 of the Penal Code, an order granting probation has been made suspending the imposition of sentence; except that a licensee may, at the licensee’s option, elect to have the issue of penalty decided before those time periods have elapsed. Where the licensee so elects, the issue of penalty shall be heard in the manner described in this section at the hearing to determine whether the conviction was substantially related to the qualifications, functions, or duties of a physician and surgeon. If the conviction of a licensee who has made this election is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. This subdivision does not prohibit the division from pursuing disciplinary action based on any cause other than the overturned conviction.
(e)CA Business & Professions Code § 2236.1(e) The record of the proceedings resulting in the conviction, including a transcript of the testimony therein, may be received in evidence.
(f)CA Business & Professions Code § 2236.1(f) The other provisions of this article setting forth a procedure for the suspension or revocation of a physician and surgeon’s certificate shall not apply to proceedings conducted pursuant to this section.

Section § 2236.2

Explanation

If a doctor is imprisoned after being convicted of a misdemeanor, their medical license will automatically be paused. Once the doctor is out, their license should be reactivated within five business days after the board is informed. The board will decide what kind of notification they need. Also, the reason why the license was paused is shared on the board's website.

(a)CA Business & Professions Code § 2236.2(a) Notwithstanding Article 9 (commencing with Section 700) of Chapter 1 of Division 2 or any other provision of law, a physician and surgeon’s certificate shall be automatically placed on inactive status during any period of time that the holder of the certificate is incarcerated after conviction of a misdemeanor.
(b)CA Business & Professions Code § 2236.2(b) A physician and surgeon’s certificate placed on inactive status pursuant to subdivision (a) shall be returned by the board to its prior or appropriate status within five business days of receiving notice that the physician and surgeon is no longer incarcerated. The board shall adopt regulations that specify the type of notice required to be submitted to the board.
(c)CA Business & Professions Code § 2236.2(c) The reason for the inactive status described in subdivision (a) shall be disclosed on the board’s Internet Web site.

Section § 2237

Explanation

This law states that if someone is convicted of breaking laws related to dangerous drugs or controlled substances, it's considered unprofessional conduct. A guilty plea or verdict, or a plea of nolo contendere (no contest), counts as a conviction for this purpose. Discipline can be imposed or a professional license can be denied if the conviction is not appealed, or if on appeal, the conviction is upheld. This applies even if the person has been allowed to change their plea or clear their record under certain conditions.

(a)CA Business & Professions Code § 2237(a) The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or controlled substances, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section.
(b)CA Business & Professions Code § 2237(b) Discipline may be ordered in accordance with Section 2227 or the Division of Licensing may order the denial of the license when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

Section § 2238

Explanation

If someone breaks any US or state laws about dangerous drugs or controlled substances, it's considered unprofessional behavior.

A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled substances constitutes unprofessional conduct.

Section § 2239

Explanation

This law states that if a licensed medical professional uses drugs or alcohol in a way that is harmful to themselves, others, or their ability to practice medicine safely, it counts as unprofessional conduct. If they are convicted of a crime related to this behavior, it solidifies that judgment. Even if a guilty plea is withdrawn or cleared later, it still counts as a conviction for the purpose of enforcing this law. The medical board can discipline or deny licenses based on these convictions.

(a)CA Business & Professions Code § 2239(a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to any other person or to the public, or to the extent that such use impairs the ability of the licensee to practice medicine safely or more than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section, or any combination thereof, constitutes unprofessional conduct. The record of the conviction is conclusive evidence of such unprofessional conduct.
(b)CA Business & Professions Code § 2239(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The Division of Medical Quality may order discipline of the licensee in accordance with Section 2227 or the Division of Licensing may order the denial of the license when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or indictment.

Section § 2240

Explanation

If a doctor performs a medical procedure outside a hospital in California and the patient dies or is transferred to a hospital for more than 24 hours, the doctor must report this to the appropriate authority within 15 days. This report must include details like the patient's name, the hospital involved, and what triggered the transfer. The information should keep the patient and doctor's identities confidential when submitted, though it must be stored in the patient's medical record. The board will aggregate this data and publish annual reports, and after January 1, 2002, this data goes to the Department of Health Care Access and Information. Not following this law is considered unprofessional conduct.

(a)CA Business & Professions Code § 2240(a) A physician and surgeon who performs a medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, that results in the death of any patient on whom that medical treatment was performed by the physician and surgeon, or by a person acting under the physician and surgeon’s orders or supervision, shall report, in writing on a form prescribed by the board, that occurrence to the board within 15 days after the occurrence.
(b)CA Business & Professions Code § 2240(b) A physician and surgeon who performs a scheduled medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, that results in the transfer to a hospital or emergency center for medical treatment for a period exceeding 24 hours, of any patient on whom that medical treatment was performed by the physician and surgeon, or by a person acting under the physician and surgeon’s orders or supervision, shall report, in writing, on a form prescribed by the board that occurrence, within 15 days after the occurrence. The form shall contain all of the following information:
(1)CA Business & Professions Code § 2240(b)(1) Name of the patient’s physician in the outpatient setting.
(2)CA Business & Professions Code § 2240(b)(2) Name of the physician with hospital privileges.
(3)CA Business & Professions Code § 2240(b)(3) Name of the patient and patient identifying information.
(4)CA Business & Professions Code § 2240(b)(4) Name of the hospital or emergency center where the patient was transferred.
(5)CA Business & Professions Code § 2240(b)(5) Type of outpatient procedures being performed.
(6)CA Business & Professions Code § 2240(b)(6) Events triggering the transfer.
(7)CA Business & Professions Code § 2240(b)(7) Duration of the hospital stay.
(8)CA Business & Professions Code § 2240(b)(8) Final disposition or status, if not released from the hospital, of the patient.
(9)CA Business & Professions Code § 2240(b)(9) Physician’s practice specialty and ABMS certification, if applicable.
(c)CA Business & Professions Code § 2240(c) The form described in subdivision (b) shall be constructed in a format to enable the physician and surgeon to transmit the information in paragraphs (5) to (9), inclusive, to the board in a manner that the physician and surgeon and the patient are anonymous and their identifying information is not transmitted to the board. The entire form containing information described in paragraphs (1) to (9), inclusive, shall be placed in the patient’s medical record.
(d)CA Business & Professions Code § 2240(d) The board shall aggregate the data and publish an annual report on the information collected pursuant to subdivisions (a) and (b).
(e)CA Business & Professions Code § 2240(e) On and after January 1, 2002, the data required in subdivision (b) shall be sent to the Department of Health Care Access and Information instead of the board. The Department of Health Care Access and Information may revise the reporting requirements to fit state and national standards, as applicable. The board shall work with the Department of Health Care Access and Information in developing the reporting mechanism to satisfy the data collection requirements of this section.
(f)CA Business & Professions Code § 2240(f) The failure to comply with this section constitutes unprofessional conduct.

Section § 2241

Explanation

This law outlines how doctors in California can prescribe drugs to patients with substance use disorder. They can prescribe, dispense, or give drugs not for maintenance or detox, unless specific conditions are met. They can also provide treatment during emergencies or in certain institutions like jails. The law defines substance use disorder as involving craving and impaired control, but notes that inadequate pain management isn’t the same thing.

(a)CA Business & Professions Code § 2241(a) A physician and surgeon may prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to a person with substance use disorder under the physician and surgeon’s treatment for a purpose other than maintenance on, or detoxification from, prescription drugs or controlled substances.
(b)CA Business & Professions Code § 2241(b) A physician and surgeon may prescribe, dispense, or administer prescription drugs or prescription controlled substances to a person with substance use disorder for purposes of maintenance on, or detoxification from, prescription drugs or controlled substances only as set forth in subdivision (c) or in Sections 11215, 11217, 11217.5, 11218, 11219, and 11220 of the Health and Safety Code. Nothing in this subdivision shall authorize a physician and surgeon to prescribe, dispense, or administer dangerous drugs or controlled substances to a person they know or reasonably believe is using or will use the drugs or substances for a nonmedical purpose.
(c)CA Business & Professions Code § 2241(c) Notwithstanding subdivision (a), prescription drugs or controlled substances may also be administered or applied by a physician and surgeon, or by a registered nurse acting under their instruction and supervision, under the following circumstances:
(1)CA Business & Professions Code § 2241(c)(1) Emergency treatment of a patient whose addiction is complicated by the presence of incurable disease, acute accident, illness, or injury, or the infirmities attendant upon age.
(2)CA Business & Professions Code § 2241(c)(2) Treatment of persons with substance use disorder in state-licensed institutions where the patient is kept under restraint and control, or in city or county jails or state prisons.
(3)CA Business & Professions Code § 2241(c)(3) Treatment of persons with substance use disorder as provided for by Section 11217.5 of the Health and Safety Code.
(d)Copy CA Business & Professions Code § 2241(d)
(1)Copy CA Business & Professions Code § 2241(d)(1) For purposes of this section and Section 2241.5, “person with substance use disorder” means a person whose actions are characterized by craving in combination with one or more of the following:
(A)CA Business & Professions Code § 2241(d)(1)(A) Impaired control over drug use.
(B)CA Business & Professions Code § 2241(d)(1)(B) Compulsive use.
(C)CA Business & Professions Code § 2241(d)(1)(C) Continued use despite harm.
(2)CA Business & Professions Code § 2241(d)(2) Notwithstanding paragraph (1), a person whose drug-seeking behavior is primarily due to the inadequate control of pain is not a person with substance use disorder within the meaning of this section or Section 2241.5.

Section § 2241.3

Explanation
This law allows doctors to prescribe phototherapy devices to patients of any age without being restricted by other laws. "Phototherapy device" is defined as per another section (22702).
Notwithstanding any other provision of law, nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of any age. For purposes of this section, the term “phototherapy device” shall have the same meaning as in Section 22702.

Section § 2241.5

Explanation

This law allows doctors to prescribe, dispense, or administer prescription drugs for pain treatment without facing disciplinary action as long as they follow the rules. However, doctors can still be disciplined if they are grossly negligent, fail to conduct proper exams, prescribe over the internet without compliance, or misuse prescription records. They must keep accurate records of controlled substances and exercise care when deciding if a patient needs specialized care. Hospitals may also discipline physicians if necessary, according to their own procedures.

(a)CA Business & Professions Code § 2241.5(a) A physician and surgeon may prescribe for, or dispense or administer to, a person under their treatment for a medical condition dangerous drugs or prescription controlled substances for the treatment of pain or a condition causing pain, including, but not limited to, intractable pain.
(b)CA Business & Professions Code § 2241.5(b) No physician and surgeon shall be subject to disciplinary action for prescribing, dispensing, or administering dangerous drugs or prescription controlled substances in accordance with this section.
(c)CA Business & Professions Code § 2241.5(c) This section shall not affect the power of the board to take any action described in Section 2227 against a physician and surgeon who does any of the following:
(1)CA Business & Professions Code § 2241.5(c)(1) Violates subdivision (b), (c), or (d) of Section 2234 regarding gross negligence, repeated negligent acts, or incompetence.
(2)CA Business & Professions Code § 2241.5(c)(2) Violates Section 2241 regarding treatment of a person with substance use disorder.
(3)CA Business & Professions Code § 2241.5(c)(3) Violates Section 2242 or 2525.3 regarding performing an appropriate prior examination and the existence of a medical indication for prescribing, dispensing, or furnishing dangerous drugs or recommending medical cannabis.
(4)CA Business & Professions Code § 2241.5(c)(4) Violates Section 2242.1 regarding prescribing on the Internet.
(5)CA Business & Professions Code § 2241.5(c)(5) Fails to keep complete and accurate records of purchases and disposals of substances listed in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code) or controlled substances scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Sec. 801 et seq.), or pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970. A physician and surgeon shall keep records of their purchases and disposals of these controlled substances or dangerous drugs, including the date of purchase, the date and records of the sale or disposal of the drugs by the physician and surgeon, the name and address of the person receiving the drugs, and the reason for the disposal or the dispensing of the drugs to the person, and shall otherwise comply with all state recordkeeping requirements for controlled substances.
(6)CA Business & Professions Code § 2241.5(c)(6) Writes false or fictitious prescriptions for controlled substances listed in the California Uniform Controlled Substances Act or scheduled in the federal Comprehensive Drug Abuse Prevention and Control Act of 1970.
(7)CA Business & Professions Code § 2241.5(c)(7) Prescribes, administers, or dispenses in violation of this chapter, or in violation of Chapter 4 (commencing with Section 11150) or Chapter 5 (commencing with Section 11210) of Division 10 of the Health and Safety Code.
(d)CA Business & Professions Code § 2241.5(d) A physician and surgeon shall exercise reasonable care in determining whether a particular patient or condition, or the complexity of a patient’s treatment, including, but not limited to, a current or recent pattern of drug abuse, requires consultation with, or referral to, a more qualified specialist.
(e)CA Business & Professions Code § 2241.5(e) Nothing in this section shall prohibit the governing body of a hospital from taking disciplinary actions against a physician and surgeon pursuant to Sections 809.05, 809.4, and 809.5.

Section § 2241.6

Explanation

This section requires the Division of Medical Quality to create standards aimed at ensuring that cases about managing a patient's pain are reviewed properly. They need to develop these standards by June 1, 2002, and can work with various medical organizations focused on pain management to use existing clinical guidelines in the process.

The Division of Medical Quality shall develop standards before June 1, 2002, to assure the competent review in cases concerning the management, including, but not limited to, the undertreatment, undermedication, and overmedication of a patient’s pain. The division may consult with entities such as the American Pain Society, the American Academy of Pain Medicine, the California Society of Anesthesiologists, the California Chapter of the American College of Emergency Physicians, and any other medical entity specializing in pain control therapies to develop the standards utilizing, to the extent they are applicable, current authoritative clinical practice guidelines.

Section § 2242

Explanation

Doctors and pharmacists must have a valid reason and conduct a proper examination before prescribing or giving out dangerous drugs. This doesn't always need a face-to-face meeting; telehealth methods like questionnaires can be used if they meet the right medical standards. However, there are exceptions where this doesn't count as unprofessional behavior: if the doctor is temporarily covering for the patient's regular doctor and it's a short-term prescription, if the doctor instructs a nurse in a hospital setting after consulting and reviewing the patient's records, if they're renewing a prescription using patient records, or if they're following certain health code guidelines.

(a)CA Business & Professions Code § 2242(a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication, constitutes unprofessional conduct. An appropriate prior examination does not require a synchronous interaction between the patient and the licensee and can be achieved through the use of telehealth, including, but not limited to, a self-screening tool or a questionnaire, provided that the licensee complies with the appropriate standard of care.
(b)CA Business & Professions Code § 2242(b) No licensee shall be found to have committed unprofessional conduct within the meaning of this section if, at the time the drugs were prescribed, dispensed, or furnished, any of the following applies:
(1)CA Business & Professions Code § 2242(b)(1) The licensee was a designated physician and surgeon or podiatrist serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and if the drugs were prescribed, dispensed, or furnished only as necessary to maintain the patient until the return of the patient’s practitioner, but in any case no longer than 72 hours.
(2)CA Business & Professions Code § 2242(b)(2) The licensee transmitted the order for the drugs to a registered nurse or to a licensed vocational nurse in an inpatient facility, and if both of the following conditions exist:
(A)CA Business & Professions Code § 2242(b)(2)(A) The practitioner had consulted with the registered nurse or licensed vocational nurse who had reviewed the patient’s records.
(B)CA Business & Professions Code § 2242(b)(2)(B) The practitioner was designated as the practitioner to serve in the absence of the patient’s physician and surgeon or podiatrist, as the case may be.
(3)CA Business & Professions Code § 2242(b)(3) The licensee was a designated practitioner serving in the absence of the patient’s physician and surgeon or podiatrist, as the case may be, and was in possession of or had utilized the patient’s records and ordered the renewal of a medically indicated prescription for an amount not exceeding the original prescription in strength or amount or for more than one refill.
(4)CA Business & Professions Code § 2242(b)(4) The licensee was acting in accordance with Section 120582 of the Health and Safety Code.

Section § 2242.1

Explanation

This law states that no one can prescribe or provide dangerous drugs or devices over the Internet to California residents without first having an appropriate exam and medical reason. If someone breaks this rule, they can be fined up to $25,000 per violation. The Attorney General can enforce this law and collect fines. If someone owes a fine and has tax refunds or lottery winnings, the state can use those to pay the fine. Non-residents who violate this can be reported to their licensing authority. Additionally, the Medical Board can still discipline doctors under related laws.

(a)CA Business & Professions Code § 2242.1(a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as defined in Section 4022, on the Internet for delivery to any person in this state, without an appropriate prior examination and medical indication, except as authorized by Section 2242.
(b)CA Business & Professions Code § 2242.1(b) Notwithstanding any other provision of law, a violation of this section may subject the person or entity that has committed the violation to either a fine of up to twenty-five thousand dollars ($25,000) per occurrence pursuant to a citation issued by the board or a civil penalty of twenty-five thousand dollars ($25,000) per occurrence.
(c)CA Business & Professions Code § 2242.1(c) The Attorney General may bring an action to enforce this section and to collect the fines or civil penalties authorized by subdivision (b).
(d)CA Business & Professions Code § 2242.1(d) For notifications made on and after January 1, 2002, the Franchise Tax Board, upon notification by the Attorney General or the board of a final judgment in an action brought under this section, shall subtract the amount of the fine or awarded civil penalties from any tax refunds or lottery winnings due to the person who is a defendant in the action using the offset authority under Section 12419.5 of the Government Code, as delegated by the Controller, and the processes as established by the Franchise Tax Board for this purpose. That amount shall be forwarded to the board for deposit in the Contingent Fund of the Medical Board of California.
(e)CA Business & Professions Code § 2242.1(e) If the person or entity that is the subject of an action brought pursuant to this section is not a resident of this state, a violation of this section shall, if applicable, be reported to the person’s or entity’s appropriate professional licensing authority.
(f)CA Business & Professions Code § 2242.1(f) Nothing in this section shall prohibit the board from commencing a disciplinary action against a physician and surgeon pursuant to Section 2242 or 2525.3.

Section § 2242.2

Explanation

This law allows certain healthcare professionals—including doctors, nurse practitioners, registered nurses, certified nurse-midwives, physician assistants, and pharmacists—to prescribe or provide hormonal birth control after the patient uses a self-screening tool to report their health information like blood pressure and medical history. This process helps identify any risk factors before the contraceptive is given.

Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of Section 2746.51, a nurse practitioner acting within the scope of Section 2836.1, a physician assistant acting within the scope of Section 3502.1, and a pharmacist acting within the scope of Section 4052.3 may use a self-screening tool that will identify patient risk factors for the use of self-administered hormonal contraceptives by a patient, and, after an appropriate prior examination, prescribe, furnish, or dispense, as applicable, self-administered hormonal contraceptives to the patient. Blood pressure, weight, height, and patient health history may be self-reported using the self-screening tool that identifies patient risk factors.

Section § 2243

Explanation

This law states that if a doctor fails to fulfill their service obligations under agreements with the National Health Services Corps or a federal loan insurance program, the Attorney General can report them to the state board. The board will then investigate and, if the doctor is found guilty of unprofessional conduct, may take disciplinary action.

Upon referral by the National Health Services Corps to the Attorney General of the United States of any physician or surgeon who fails to provide service as a general practitioner or physician and surgeon as required pursuant to the grant agreement entered into between the physician and surgeon and the National Health Services Corps program (42 U.S.C. Sec. 254d), or the federal loan insurance program (42 U.S.C. Sec. 294), the board, upon notification by the Attorney General of the United States, shall review the facts and circumstances of the default and take appropriate disciplinary action where the board determines that the licensee has committed unprofessional conduct in violation of Section 2234.

Section § 2244

Explanation

This law mandates that doctors, or those they work with, must keep biological specimens safe by locking them up when these specimens are in a public area and not under their direct watch. Starting July 1, 2000, doctors can be fined up to $1,000 if they don’t follow this rule. However, this doesn't apply to specimens that are mailed in, as long as all legal requirements are met.

A physician and surgeon who collects biological specimens for clinical testing or examination shall secure or ensure that his or her employees, agents, or contractors secure those specimens in a locked container when those specimens are placed in a public location outside of the custodial control of the licensee, or his or her employees, agents, or contractors, pursuant to the requirements of Section 681.
Commencing July 1, 2000, the board may impose a fine against a licensee not to exceed the sum of one thousand dollars ($1,000) for a violation of this section.
This section shall not apply when the biological specimens have been received by mail in compliance with all applicable laws and regulations.

Section § 2245

Explanation

This law requires the Medical Board of California to regularly review data related to the prescribing of psychotropic medications to ensure they meet proper standards. If they find any law violations or excessive prescribing, they must investigate and, if necessary, take disciplinary action. The State Department of Health Care Services must annually share treatment guidelines with medical providers. The Medical Board also has to report its findings to the Legislature and other departments starting July 2017. By January 2022, the Board must review its procedures to see if improvements are needed, and this law will automatically expire on January 1, 2027, unless extended.

(a)CA Business & Professions Code § 2245(a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the State Department of Health Care Services and the State Department of Social Services in order to determine if any potential violations of law or excessive prescribing of psychotropic medications inconsistent with the standard of care exist and, if warranted, shall conduct an investigation.
(b)CA Business & Professions Code § 2245(b) The State Department of Health Care Services shall disseminate the treatment guidelines on an annual basis through its existing communications with Medi-Cal providers, such as the department’s Internet Web site or provider bulletins.
(c)CA Business & Professions Code § 2245(c) If, after an investigation, the Medical Board of California concludes that there was a violation of law, the board shall take disciplinary action, as appropriate, as authorized by Section 2227.
(d)CA Business & Professions Code § 2245(d) If, after an investigation, the Medical Board of California concludes that there was excessive prescribing of psychotropic medications inconsistent with the standard of care, the board shall take action, as appropriate, as authorized by Section 2227.
(e)Copy CA Business & Professions Code § 2245(e)
(1)Copy CA Business & Professions Code § 2245(e)(1) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2017, the Medical Board of California shall report annually to the Legislature, the State Department of Health Care Services, and the State Department of Social Services the results of the analysis of data described in Section 14028 of the Welfare and Institutions Code.
(2)CA Business & Professions Code § 2245(e)(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(f)CA Business & Professions Code § 2245(f) On or before January 1, 2022, and in conjunction with the consultation with the State Department of Social Services and the State Department of Health Care Services required by subdivision (a) of Section 14028 of the Welfare and Institutions Code, the Medical Board of California shall conduct an internal review of its data review, investigative, and disciplinary activities undertaken pursuant to this section for the purpose of determining the efficacy of those activities and shall revise its procedures relating to those activities, if determined to be necessary.
(g)CA Business & Professions Code § 2245(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.

Section § 2246

Explanation

If a decision finds that a licensed professional committed sexual exploitation against a patient, their license will be automatically revoked, and the decision cannot be paused or postponed by a judge.

Any proposed decision or decision issued under this article that contains any finding of fact that the licensee engaged in any act of sexual exploitation, as described in paragraphs (3) to (5), inclusive, of subdivision (b) of Section 729, with a patient shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge.

Section § 2247

Explanation

This law requires that anyone conducting evaluations of peace officer applicants or current peace officers to assess their emotional and mental health must first meet certain qualifications outlined in another section of the Government Code. These rules have been in place since January 1, 2005.

(a)CA Business & Professions Code § 2247(a) A licensee shall meet the requirements set forth in subdivision (f) of Section 1031 of the Government Code prior to performing either of the following:
(1)CA Business & Professions Code § 2247(a)(1) An evaluation of a peace officer applicant’s emotional and mental condition.
(2)CA Business & Professions Code § 2247(a)(2) An evaluation of a peace officer’s fitness for duty.
(b)CA Business & Professions Code § 2247(b) This section shall become operative on January 1, 2005.

Section § 2248

Explanation

This law, known as the Grant H. Kenyon Prostate Cancer Detection Act, mandates that doctors inform patients about available prostate cancer diagnostic procedures, like the PSA test, when certain conditions are met. These conditions include the patient being over 50, showing symptoms, being at higher risk, or if the doctor believes it's medically necessary. Failing to provide this information is considered unprofessional conduct. However, this requirement doesn't apply to doctors handling trauma cases.

This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act.
(a)CA Business & Professions Code § 2248(a) If a physician and surgeon, during a physical examination, examines a patient’s prostate gland, the physician and surgeon shall provide information to the patient about the availability of appropriate diagnostic procedures, including, but not limited to, the prostate antigen (PSA) test, if any of the following conditions are present:
(1)CA Business & Professions Code § 2248(a)(1) The patient is over 50 years of age.
(2)CA Business & Professions Code § 2248(a)(2) The patient manifests clinical symptomatology.
(3)CA Business & Professions Code § 2248(a)(3) The patient is at an increased risk of prostate cancer.
(4)CA Business & Professions Code § 2248(a)(4) The provision of the information to the patient is medically necessary, in the opinion of the physician and surgeon.
(b)CA Business & Professions Code § 2248(b) Violation of subdivision (a) constitutes unprofessional conduct and is not subject to Section 2314.
(c)CA Business & Professions Code § 2248(c) This section shall not apply to a physician and surgeon working on a trauma case as defined in Section 1798.160 of the Health and Safety Code.

Section § 2248.5

Explanation

This California law requires the State Department of Health Services to approve a simple and easy-to-understand written summary about prostate cancer treatments. They should check every three years to see if it needs updates with the latest information. The summary, which explains different treatment options, pros, cons, and risks, should be given to doctors, who are encouraged to share it with their patients when suitable. The Medical Board of California must also post the summary online for everyone to access and keep it updated if changes are made.

(a)CA Business & Professions Code § 2248.5(a) A standardized written summary in layman’s language and in a language understood by patients shall be approved by the State Department of Health Services. The department may approve the use of an existing publication from a recognized cancer authority as the written summary. Commencing on January 1, 2003, and every three years thereafter, the department shall review its approval of the use of an existing publication from a recognized cancer authority as the written summary to ensure that the approved written summary comprises timely, new, and revised information regarding prostate cancer treatment options as the department determines is necessary. The written summary shall be printed or made available by the Medical Board of California to physicians and surgeons, concerning the advantages, disadvantages, risks, and descriptions, of procedures with regard to medically viable and efficacious alternative methods of treatment of prostate cancer. Physicians and surgeons are urged to make the summary available to patients when appropriate.
(b)CA Business & Professions Code § 2248.5(b) The board shall post this summary on its Web site for public use.
(c)CA Business & Professions Code § 2248.5(c) If the State Department of Health Services updates this summary, the board shall make the updated summary available to its licensees and update its Web site to contain the updated summary.

Section § 2249

Explanation

If you are a doctor responsible for a woman's yearly gynecological check-up, you must give her information in plain language about gynecological cancer symptoms and diagnosis options during the exam. You can use materials from recognized cancer organizations. If you don't do this, you could be fined, but you'll only face a fine on a second complaint. The money from these fines will support women's health outreach on gynecological cancers, but the funds can't be spent until approved by the legislature. Also, any penalties associated will follow these specific rules, not others.

(a)CA Business & Professions Code § 2249(a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient during the annual examination in layperson’s language and in a language understood by the patient a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Health Services pursuant to Section 138.4 of the Health and Safety Code.
(b)CA Business & Professions Code § 2249(b) A physician and surgeon who violates this section may be cited and assessed an administrative fine. No citation shall be issued and no fine shall be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed.
(c)CA Business & Professions Code § 2249(c) Notwithstanding any other provision of law, all fines collected pursuant to this section shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Women’s Health within the State Department of Health Services for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.
(d)CA Business & Professions Code § 2249(d) Section 2314 shall not apply to this section.

Section § 2250

Explanation

If someone intentionally does not follow certain rules about getting informed consent from a patient before a sterilization procedure, it is considered unprofessional behavior.

The willful failure to comply with the requirements of Article 6 (commencing with Section 14191) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code and the regulations promulgated thereunder, relating to informed consent for sterilization procedures, constitutes unprofessional conduct.

Section § 2251

Explanation

Injecting liquid silicone into human breasts is considered unprofessional conduct for healthcare providers.

The prescribing, dispensing, administering, or furnishing of liquid silicone for the purpose of injecting such substance into a human breast or mammary constitutes unprofessional conduct.

Section § 2252

Explanation

If someone breaks specific rules about cancer treatment, as outlined in a certain health code section, or ignores court orders to stop such actions, it's considered unprofessional behavior in California.

The violation of Chapter 4 (commencing with Section 109250) of Part 4 of Division 104 of the Health and Safety Code, or any violation of an injunction or cease and desist order issued under those provisions, relating to the treatment of cancer, constitutes unprofessional conduct.

Section § 2253

Explanation

This law addresses the rules and protections for performing abortions in California. It defines unprofessional conduct related to failing to comply with the Reproductive Privacy Act. Performing an abortion without a valid medical license is generally not allowed, though exceptions exist for medical professionals who are licensed to perform certain types of abortions in the first trimester. It also states that medical boards can't discipline physicians simply for performing abortions by the law or if they were disciplined or convicted for performing abortions legally elsewhere.

(a)CA Business & Professions Code § 2253(a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) constitutes unprofessional conduct.
(b)Copy CA Business & Professions Code § 2253(b)
(1)Copy CA Business & Professions Code § 2253(b)(1) Except as provided in paragraph (2), a person is subject to Section 2052 if the person performs an abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon.
(2)CA Business & Professions Code § 2253(b)(2) A person shall not be subject to Section 2052 if the person performs an abortion by medication or aspiration techniques in the first trimester of pregnancy, and at the time of so doing, has a valid, unrevoked, and unsuspended license or certificate obtained in accordance with the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Osteopathic Act (Article 21 (commencing with Section 2450) of Chapter 5), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)), that authorizes the person to perform the functions necessary for an abortion by medication or aspiration techniques.
(c)CA Business & Professions Code § 2253(c) In order to perform an abortion by aspiration techniques pursuant to paragraph (2) of subdivision (b), a person shall comply with Section 2725.4 or 3502.4.
(d)CA Business & Professions Code § 2253(d) The Medical Board of California and the Osteopathic Medical Board of California shall not suspend or revoke the certificate of a physician and surgeon solely for performing an abortion if they performed the abortion in accordance with the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
(e)CA Business & Professions Code § 2253(e) Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, 2221, 2305, 2234, and 2236, the Medical Board of California and the Osteopathic Medical Board of California, as applicable, shall not deny an application for licensure as a physician and surgeon, or suspend, revoke, or otherwise impose discipline upon a physician and surgeon licensed in this state under either of the following circumstances:
(1)CA Business & Professions Code § 2253(e)(1) The physician and surgeon is licensed to practice medicine in another state and was disciplined in that state solely for performing an abortion in that state.
(2)CA Business & Professions Code § 2253(e)(2) The physician and surgeon is licensed to practice medicine in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state.

Section § 2254

Explanation

If someone breaches a specific section of the Health and Safety Code about research on aborted fetal material, it is considered unprofessional behavior.

The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct.

Section § 2255

Explanation

If a healthcare professional breaks the rules about improperly sending patients to extended care facilities, it's considered behaving unprofessionally.

The violation of any provision of Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, relating to the unlawful referral of patients to extended care facilities, constitutes unprofessional conduct.

Section § 2256

Explanation

If someone intentionally breaks certain rules that protect the rights of people who are involuntarily staying in a hospital or similar institution, it's considered unprofessional behavior. This can lead to disciplinary actions against the violator.

Any intentional violation of Sections 5326.2 to 5326.8, inclusive, of the Welfare and Institutions Code, relating to the rights of involuntarily confined inpatients, constitutes unprofessional conduct.

Section § 2257

Explanation

If someone breaks the rule about getting a patient's informed consent before treating breast cancer, it's considered unprofessional behavior.

The violation of Section 109275 of the Health and Safety Code, relating to informed consent for the treatment of breast cancer, constitutes unprofessional conduct.

Section § 2258

Explanation

If a healthcare professional uses laetrile or amygdalin to treat cancer, as prohibited by Section 1708.5 of the Health and Safety Code, they're considered to be acting unprofessionally.

The violation of Section 1708.5 of the Health and Safety Code, relating to the use of laetrile or amygdalin with respect to cancer therapy, constitutes unprofessional conduct.

Section § 2259

Explanation

Before performing surgery with silicone implants, doctors must give patients a written summary about the implants. This summary either comes from the State Department of Health Services or is approved by the FDA and provided by the implant manufacturer. The doctor must note that the patient received this information in their chart. Not doing so is considered unprofessional conduct, but the facility where the surgery happens isn't responsible for checking this compliance. The State Department of Health Services will create the summary if the FDA doesn't provide layperson-friendly information and update it if needed. The Medical Board of California will distribute these summaries, and doctors need to buy them to give to their patients. This rule doesn't come into effect until the summaries are published.

(a)CA Business & Professions Code § 2259(a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing silicone implants used in cosmetic, plastic, reconstructive, or similar surgery, before the physician and surgeon performs the surgery. A physician and surgeon may substitute, in place of the standardized written summary for silicone implants, written information authorized for use by the federal Food and Drug Administration prepared by the manufacturer based upon the physician package insert. The furnishing of a copy of the standardized written summary or written information shall constitute compliance with the requirements of this section.
(b)CA Business & Professions Code § 2259(b) Prior to performance of surgery, the physician and surgeon shall note on the patient’s chart that he or she has given the patient the standardized written summary or written information required by this section.
(c)CA Business & Professions Code § 2259(c) The failure of a physician and surgeon to comply with this section constitutes unprofessional conduct. The provision of the standardized written summary or written information shall not alter, diminish, or modify existing duties of physicians and surgeons, including duties relating to informed consent. However, no physician and surgeon shall be liable as a distributor of a standardized written summary or written information alleged to contain erroneous or incomplete information.
(d)CA Business & Professions Code § 2259(d) The facility where the surgery is performed shall not be responsible for enforcement of, or verification of, compliance with the requirements of this section.
(e)CA Business & Professions Code § 2259(e) If the State Department of Health Services determines that the federal Food and Drug Administration has not authorized written information on silicone implants intended for the layperson, the state department shall develop a standardized written summary to inform the patient of the risks and possible side effects of silicone implants as used in cosmetic, plastic, reconstructive, or similar surgery. In developing these summaries, the state department shall do all of the following:
(1)CA Business & Professions Code § 2259(e)(1) Use only language that is simple and readily understood by a layperson.
(2)CA Business & Professions Code § 2259(e)(2) Include a disclaimer that the state in no way endorses any procedures, nor does the state claim to provide an exhaustive analysis of all the potential benefits or risks associated with any procedure.
(3)CA Business & Professions Code § 2259(e)(3) Provide only information approved by the federal Food and Drug Administration.
(f)CA Business & Professions Code § 2259(f) The State Department of Health Services shall update the written summary described in subdivision (e) as determined necessary by the state department to protect the public health and safety.
(g)CA Business & Professions Code § 2259(g) The Medical Board of California shall publish the standardized written summaries prepared pursuant to subdivision (e), and shall distribute copies of the summaries, upon request, to physicians and surgeons. The Medical Board of California shall make the summaries available for a fee not exceeding, in the aggregate, the actual costs to the State Department of Health Services and the Medical Board of California for developing, updating, publishing, and distributing the summaries. Physicians and surgeons performing surgical procedures described in subdivision (a) shall purchase the summaries from the Medical Board of California for distribution to their patients, as required in this section. Any person or entity may purchase the summaries if he, she, or it desires. The Medical Board of California shall fund the State Department of Health Services for the actual cost of developing and updating the summaries incurred by the State Department of Health Services, through an interagency agreement entered into between the Medical Board of California and the State Department of Health Services for that purpose.
The Medical Board of California and the State Department of Health Services may distribute the written information described in subdivision (a) if a manufacturer of silicone implants provides the board and state department with a sufficient number of copies of this information, as determined by the state department.
(h)CA Business & Professions Code § 2259(h) Section 2314 shall not apply to this section.
(i)CA Business & Professions Code § 2259(i) For purposes of this section, “silicone implant” means any implant containing silicone, including implants using a silicone gel or silicone shell. This definition includes implants using a saline solution with a silicone shell.
(j)CA Business & Professions Code § 2259(j) A physician and surgeon shall not be responsible for complying with this section until the written summaries are published pursuant to subdivision (g).

Section § 2259.5

Explanation

Physicians must give patients a written summary about collagen injections before performing relevant surgeries. This summary helps inform patients of risks and is developed if the FDA hasn’t provided written materials. Doctors need to note in the patient's chart that they provided this information. Not doing so is considered unprofessional. Facilities are not responsible for enforcing this rule. The state updates these summaries to ensure public safety, and they are distributed by the Medical Board for a fee covering production costs.

(a)CA Business & Professions Code § 2259.5(a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing collagen injections used in cosmetic, plastic, reconstructive, or similar surgery, before the physician and surgeon performs the surgery. A physician and surgeon may substitute, in place of the standardized written summary for collagen injections, written information authorized for use by the federal Food and Drug Administration prepared by the manufacturer based upon the physician package insert. The furnishing of a copy of the standardized written summary or written information shall constitute compliance with the requirements of this section.
(b)CA Business & Professions Code § 2259.5(b) Prior to the performance of surgery, the physician and surgeon shall note on the patient’s chart that he or she has given the patient the standardized written summary or written information required by this section.
(c)CA Business & Professions Code § 2259.5(c) The failure of a physician and surgeon to comply with this section constitutes unprofessional conduct. The provision of the standardized written summary or written information shall not alter, diminish, or modify existing duties relating to informed consent. However, no physician and surgeon shall be liable as a distributor of a standardized written summary or written information alleged to contain erroneous or incomplete information.
(d)CA Business & Professions Code § 2259.5(d) The facility where the surgery is performed shall not be responsible for enforcement of, or verification of, compliance with the requirements of this section.
(e)CA Business & Professions Code § 2259.5(e) If the State Department of Health Services determines that the federal Food and Drug Administration has not authorized written information intended for the layperson on collagen injections used in cosmetic, plastic, reconstructive, or similar surgery, the state department shall develop a standardized written summary to inform the patient of the risks and possible side effects of collagen injections as used in cosmetic, plastic, reconstructive, or similar surgery. In developing this summary, the state department shall do all of the following:
(1)CA Business & Professions Code § 2259.5(e)(1) Use only language that is simple and readily understood by a layperson.
(2)CA Business & Professions Code § 2259.5(e)(2) Include a disclaimer that the state in no way endorses any procedure, nor does the state claim to provide an exhaustive analysis of all the potential benefits or risks associated with any procedure.
(3)CA Business & Professions Code § 2259.5(e)(3) Identify the type of animal used to produce the collagen and identify the situations where the federal Food and Drug Administration has given its approval for the procedure.
(4)CA Business & Professions Code § 2259.5(e)(4) Provide only information approved by the federal Food and Drug Administration.
(f)CA Business & Professions Code § 2259.5(f) The State Department of Health Services shall update the written summary described in subdivision (e) as determined necessary by the state department to protect the public health and safety.
(g)CA Business & Professions Code § 2259.5(g) The Medical Board of California shall publish the standardized written summary prepared pursuant to subdivision (e) and shall distribute copies of the summary, upon request, to physicians and surgeons. The Medical Board of California shall make the summary available for a fee not exceeding, in the aggregate, the actual costs to the State Department of Health Services and the Medical Board of California for developing, updating, publishing, and distributing the summary. A physician and surgeon performing surgical procedures described in subdivision (a) shall purchase the summary from the Medical Board of California for distribution to his or her patients, as required in this section. Any person or entity may purchase the summary if he, she, or it desires. The Medical Board of California shall fund the State Department of Health Services for the actual cost of developing and updating the summary incurred by the State Department of Health Services, through an interagency agreement entered into between the Medical Board of California and the State Department of Health Services.
The Medical Board of California and the State Department of Health Services may distribute the written information described in subdivision (a) if a manufacturer of collagen provides the board and state department with a sufficient number of copies of this information, as determined by the state department.
(h)CA Business & Professions Code § 2259.5(h) Section 2314 shall not apply to this section.
(i)CA Business & Professions Code § 2259.5(i) For purposes of this section, “collagen” includes, but is not limited to, any substance derived from animal protein, or combined with animal protein, that is implanted into the body for purposes of cosmetic, plastic, reconstructive, or similar surgery. However, “collagen” does not include absorbable gelatin medical devices intended for application to bleeding surfaces as a hemostatic or any other medical device used for purposes other than beautifying, promoting attractiveness, or altering the appearance of any part of the human body.
(j)CA Business & Professions Code § 2259.5(j) A physician and surgeon shall not be responsible for complying with this section until the written summary is published pursuant to subdivision (g).

Section § 2259.7

Explanation

This law requires the Medical Board of California to create standards for liposuction procedures done by doctors outside of regular hospitals. These standards include guidelines for both the procedure and care afterward. If a doctor doesn't follow these rules, it's considered unprofessional behavior.

The Medical Board of California shall adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and surgeon outside of a general acute care hospital, as defined in Section 1250 of the Health and Safety Code. In adopting those regulations, the Medical Board of California shall take into account the most current clinical and scientific information available. A violation of those extraction and postoperative care standards constitutes unprofessional conduct.

Section § 2259.8

Explanation

This law requires that before any elective cosmetic surgery, a patient must have a thorough physical examination and written clearance by a qualified medical professional. The exam can be performed by the surgeon doing the procedure, another doctor, a certified nurse practitioner, or a physician assistant. This examination must include a medical history and be completed within 30 days before the surgery. If the exam happens on the same day as the surgery, it's automatically considered compliant. Elective cosmetic surgery is any surgery done to improve appearance, like liposuction or facial surgery.

(a)CA Business & Professions Code § 2259.8(a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received, within 30 days prior to the elective cosmetic surgery procedure, and confirmed as up-to-date on the day of the procedure, an appropriate physical examination by, and written clearance for the procedure from, any of the following:
(1)CA Business & Professions Code § 2259.8(a)(1) The physician and surgeon who will be performing the surgery.
(2)CA Business & Professions Code § 2259.8(a)(2) Another licensed physician and surgeon.
(3)CA Business & Professions Code § 2259.8(a)(3) A certified nurse practitioner, in accordance with a certified nurse practitioner’s scope of practice, unless limited by protocols or a delegation agreement.
(4)CA Business & Professions Code § 2259.8(a)(4) A licensed physician assistant, in accordance with a licensed physician assistant’s scope of practice, unless limited by protocols or a delegation agreement.
(b)CA Business & Professions Code § 2259.8(b) The physical examination described in subdivision (a) shall include the taking of an appropriate medical history.
(c)CA Business & Professions Code § 2259.8(c) An appropriate medical history and physical examination done on the day of the procedure shall be presumed to be in compliance with subdivisions (a) and (b).
(d)CA Business & Professions Code § 2259.8(d) “Elective cosmetic surgery” means an elective surgery that is performed to alter or reshape normal structures of the body in order to improve the patient’s appearance, including, but not limited to, liposuction and elective facial cosmetic surgery.
(e)CA Business & Professions Code § 2259.8(e) Section 2314 shall not apply to this section.

Section § 2260

Explanation

This law requires doctors to get written consent before using a patient's sperm or eggs for anything other than reimplantation into the patient or their spouse. The consent must state the donor's name, the type and amount of sperm or eggs, the recipient, and the purpose. It should also specify what happens to any unused material. The consent needs to be signed by both the patient and the doctor, kept in the patient's medical records, and a copy must be given to the patient and, if in a hospital, to the hospital too. Not following these rules is considered unprofessional, and repeatedly failing to get consent can result in fines between $1,000 and $5,000, paid to the person whose consent was missing. This requirement is in addition to other informed consent obligations under current law.

(a)CA Business & Professions Code § 2260(a) A physician and surgeon who removes sperm or ova from a patient shall, before the sperm or ova are used for a purpose other than reimplantation in the same patient or implantation in the spouse of the patient, obtain the written consent of the patient as provided in subdivision (b).
(b)CA Business & Professions Code § 2260(b) The consent required by subdivision (a) shall conform to all of the following requirements:
(1)CA Business & Professions Code § 2260(b)(1) The consent shall be in writing and shall contain the following statement: I (name of donor) do hereby donate (type and number, if applicable, of sperm or ova), to (name of clinic or other donee) for (specify purpose).
(2)CA Business & Professions Code § 2260(b)(2) The consent shall contain a statement by the donor that specifies the disposition of any unused donated material.
(3)CA Business & Professions Code § 2260(b)(3) The consent shall be signed by the patient and by the physician and surgeon who removes the sperm or ova.
(4)CA Business & Professions Code § 2260(b)(4) The physician and surgeon shall retain the original consent in the medical record of the patient and give a copy of the consent to the patient.
(5)CA Business & Professions Code § 2260(b)(5) The consent shall contain a notification to the patient that the written consent is an important document that should be retained with other vital records.
(6)CA Business & Professions Code § 2260(b)(6) If the procedure to remove the sperm or ova is performed in a hospital, the physician and surgeon shall provide a copy of the consent to the hospital.
(c)CA Business & Professions Code § 2260(c) Nothing in this section shall affect the obligation of a physician and surgeon under current law to obtain the informed consent of a patient before performing a medical procedure on the patient that may significantly affect the patient’s reproductive health or ability to conceive, or both.
(d)CA Business & Professions Code § 2260(d) A violation of this section constitutes unprofessional conduct. Section 2314 shall not apply to this section.
(e)CA Business & Professions Code § 2260(e) A physician and surgeon who fails, for the second time, to obtain any consent required in subdivision (a) or (b) before transferring sperm or ova from a provider of sperm or ova to a recipient, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the individual whose required consent was not obtained. A separate penalty shall be assessed for each individual from whom the consent was not obtained. The penalties in this section shall be available in addition to any other remedies that may be available under other provisions of law.

Section § 2260.5

Explanation

If someone breaks the rules about human cloning as laid out in another law, it's considered unprofessional behavior.

A violation of Section 24185 of the Health and Safety Code, relating to human cloning, constitutes unprofessional conduct.

Section § 2261

Explanation

If someone involved in medicine or podiatry creates or signs a document that lies about facts concerning their work, that's considered unprofessional behavior.

Knowingly making or signing any certificate or other document directly or indirectly related to the practice of medicine or podiatry which falsely represents the existence or nonexistence of a state of facts, constitutes unprofessional conduct.

Section § 2262

Explanation

If someone changes or falsifies a person's medical records on purpose to deceive others, it is considered unprofessional behavior. The state medical authorities can fine the offender $500 for each violation, on top of any other punishments they may face.

Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct.
In addition to any other disciplinary action, the Division of Medical Quality or the California Board of Podiatric Medicine may impose a civil penalty of five hundred dollars ($500) for a violation of this section.

Section § 2263

Explanation
If a professional deliberately shares confidential information without permission, it's considered unprofessional behavior.
The willful, unauthorized violation of professional confidence constitutes unprofessional conduct.

Section § 2264

Explanation

This law states that it is considered unprofessional behavior if someone helps, employs, or allows a person who doesn't have a medical license, or whose license is suspended or revoked, to practice medicine or treat sick people in any way that requires a license.

The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in the practice of medicine or any other mode of treating the sick or afflicted which requires a license to practice constitutes unprofessional conduct.

Section § 2266

Explanation

If a doctor doesn't keep proper and accurate records of their patient services for at least seven years after the last visit, it's considered unprofessional behavior.

The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients for at least seven years after the last date of service to a patient constitutes unprofessional conduct.

Section § 2271

Explanation

This law states that if someone advertises in a false or misleading way, it's considered unprofessional behavior.

Any advertising in violation of Section 17500, relating to false or misleading advertising, constitutes unprofessional conduct.

Section § 2272

Explanation
In California, if a licensed medical professional advertises their services without using their real name or an approved fake name, it's considered unprofessional behavior.
Any advertising of the practice of medicine in which the licensee fails to use his or her own name or approved fictitious name constitutes unprofessional conduct.

Section § 2273

Explanation

This law makes it clear that hiring people to recruit patients in unethical ways is considered professional misconduct. If someone is caught doing this for a second time, or if they're convicted of multiple related offenses at once, they'll lose their license for 10 years. This license revocation is for serious violations like certain fraudulent activities. After 10 years, they can apply to get their license back if they meet certain conditions.

(a)CA Business & Professions Code § 2273(a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct.
(b)CA Business & Professions Code § 2273(b) A licensee shall have the licensee’s license revoked for a period of 10 years, or shall stipulate to surrender of the license for 10 years, upon a second conviction for violating any of the following provisions or upon being convicted of more than one count of violating any of the following provisions in a single case: Section 650 of this code, Section 750 or 1871.4 of the Insurance Code, or Section 549 or 550 of the Penal Code. After the expiration of this 10-year period, an application for license reinstatement may be made pursuant to Section 2307.

Section § 2274

Explanation

This law says that if someone uses any title or letters suggesting they can practice medicine in ways they aren't licensed for, it's considered unprofessional conduct. However, doctors with a retired license can use certain titles if allowed by specific rules.

(a)CA Business & Professions Code § 2274(a) The use by any licensee of any certificate, of any letter, letters, word, words, term, or terms either as a prefix, affix, or suffix indicating that he or she is entitled to engage in a medical practice for which he or she is not licensed constitutes unprofessional conduct.
(b)CA Business & Professions Code § 2274(b) Nothing in this section shall be construed to prohibit a physician and surgeon from using the designations specified in this section if he or she has been issued a retired license under Section 2439.

Section § 2275

Explanation

If someone had a doctor’s certificate from the Osteopathic Medical Board of California and an MD degree from an in-state medical school before September 30, 1962, they can choose to use 'M.D.' instead of 'D.O.' after getting approval from the Medical Board of California. They must inform both boards in writing about their choice. Using 'D.O.' after choosing 'M.D.' would be considered inappropriate professional behavior.

Any person who held a physician’s and surgeon’s certificate under the jurisdiction of the Osteopathic Medical Board of California and a degree of doctor of medicine issued by a medical school located in the state at any time prior to September 30, 1962, and approved by either the Osteopathic Medical Board of California or the Medical Board of California at the time such degree was issued, who applied in writing to the Medical Board of California for permission to utilize his or her degree of doctor of medicine, shall be authorized to use the term or suffix “M.D.” and the use shall not constitute unprofessional conduct, so long as the person advised both boards, in writing, that he or she has elected to use the term or suffix “M.D.” and further has elected not to use the term or suffix “D.O.” In the event of such election, the use of the term or suffix “D.O.” constitutes unprofessional conduct within the meaning of this chapter.

Section § 2276

Explanation

This law states that unless someone has earned a Doctor of Osteopathy (D.O.) degree from an approved osteopathic medical school as required by this chapter, it is considered unprofessional conduct for them to use the title or suffix 'D.O.'

Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of osteopathy after the completion of a full course of study as prescribed by an approved osteopathic medical school in accordance with the provisions of this chapter, the use of the term or suffix “D.O.” constitutes unprofessional conduct.

Section § 2277

Explanation

This law states that only individuals who have earned a degree in podiatric medicine and have completed all necessary courses can use the title or suffix 'D.P.M.' If someone uses 'D.P.M.' without meeting these requirements, it is considered unprofessional behavior.

Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of podiatric medicine after the completion of a full course of study as prescribed by a school or college of podiatric medicine in accordance with the provisions of this chapter, the use of the term or suffix “D.P.M.” constitutes unprofessional conduct.

Section § 2278

Explanation

If someone is using the title 'doctor' or 'Dr.' in California, they must clearly indicate what kind of certificate they have, unless it's a physician’s or surgeon’s certificate. Not doing so is considered unprofessional behavior.

Unless a person authorized under this chapter to use the title “doctor” or the letters or prefix “Dr.” holds a physician’s and surgeon’s certificate, the use of such title, letters, or prefix without further indicating the type of certificate held, constitutes unprofessional conduct.

Section § 2280

Explanation

This law states that doctors in California are prohibited from practicing medicine if they are so impaired by drugs or alcohol that it affects their ability to safely care for patients. If they violate this rule, it's considered unprofessional conduct and can be penalized as a misdemeanor.

No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her ability to conduct the practice of medicine with safety to the public and his or her patients. Violation of this section constitutes unprofessional conduct and is a misdemeanor.

Section § 2281

Explanation

This law states that doctors or medical students can't perform a pelvic exam on a woman who is unconscious unless she has given her permission beforehand, it is necessary for the surgery or exam she's having, or it's needed to diagnose her condition while she's unconscious.

A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on an anesthetized or unconscious female patient unless the patient gave informed consent to the pelvic examination, or the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination to be performed on the patient or, in the case of an unconscious patient, the pelvic examination is required for diagnostic purposes.

Section § 2282

Explanation

This law states that a hospital with five or more doctors on staff must have specific rules in place to avoid being considered unprofessional. These rules include organizing doctors into a formal medical staff with officers and bylaws, ensuring membership is only for competent and ethical medical professionals, and prohibiting profit-sharing from fees. The medical staff must govern themselves, review their work regularly, and maintain accurate patient records.

The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:
(a)CA Business & Professions Code § 2282(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.
(b)CA Business & Professions Code § 2282(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.
(c)CA Business & Professions Code § 2282(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.
(d)CA Business & Professions Code § 2282(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.

Section § 2282.5

Explanation

This law outlines the self-governance rights of a hospital's medical staff. They can set criteria and standards for membership and privileges, enforce these standards, and manage quality assurance and other activities. Medical staff can also select and remove officers, assess and use funds, and hire independent legal counsel. They can create and amend bylaws with hospital board approval, which should not be withheld without reason. If a dispute arises between the medical staff and hospital board, both parties must try to resolve it first. If not resolved, a court may intervene. This law emphasizes the medical staff's autonomy while ensuring some oversight from the hospital board.

(a)CA Business & Professions Code § 2282.5(a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following:
(1)CA Business & Professions Code § 2282.5(a)(1) Establishing, in medical staff bylaws, rules, or regulations, criteria and standards, consistent with Article 11 (commencing with Section 800) of Chapter 1 of Division 2, for medical staff membership and privileges, and enforcing those criteria and standards.
(2)CA Business & Professions Code § 2282.5(a)(2) Establishing, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities including, but not limited to, periodic meetings of the medical staff and its committees and departments and review and analysis of patient medical records.
(3)CA Business & Professions Code § 2282.5(a)(3) Selecting and removing medical staff officers.
(4)CA Business & Professions Code § 2282.5(a)(4) Assessing medical staff dues and utilizing the medical staff dues as appropriate for the purposes of the medical staff.
(5)CA Business & Professions Code § 2282.5(a)(5) The ability to retain and be represented by independent legal counsel at the expense of the medical staff.
(6)CA Business & Professions Code § 2282.5(a)(6) Initiating, developing, and adopting medical staff bylaws, rules, and regulations, and amendments thereto, subject to the approval of the hospital governing board, which approval shall not be unreasonably withheld.
(b)CA Business & Professions Code § 2282.5(b) The medical staff bylaws shall not interfere with the independent rights of the medical staff to do any of the following, but shall set forth the procedures for:
(1)CA Business & Professions Code § 2282.5(b)(1) Selecting and removing medical staff officers.
(2)CA Business & Professions Code § 2282.5(b)(2) Assessing medical staff dues and utilizing the medical staff dues as appropriate for the purposes of the medical staff.
(3)CA Business & Professions Code § 2282.5(b)(3) The ability to retain and be represented by independent legal counsel at the expense of the medical staff.
(c)CA Business & Professions Code § 2282.5(c) With respect to any dispute arising under this section, the medical staff and the hospital governing board shall meet and confer in good faith to resolve the dispute. Whenever any person or entity has engaged in or is about to engage in any acts or practices that hinder, restrict, or otherwise obstruct the ability of the medical staff to exercise its rights, obligations, or responsibilities under this section, the superior court of any county, on application of the medical staff, and after determining that reasonable efforts, including reasonable administrative remedies provided in the medical staff bylaws, rules, or regulations, have failed to resolve the dispute, may issue an injunction, writ of mandate, or other appropriate order. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Section § 2282.5

Explanation

This law covers the rights of medical staff to govern themselves at hospitals. It includes setting membership criteria, managing quality assurance, and choosing medical staff officers. They can also charge dues and use them for staff purposes. Medical staff can hire independent lawyers, with certain approvals needed for University of California staff. The staff can create bylaws subject to hospital board approval, which shouldn't be unfairly withheld. Any disputes should be resolved through good faith meetings and, if unresolved, can be taken to court for a legal order to ensure the staff's rights and duties are upheld.

(a)CA Business & Professions Code § 2282.5(a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following:
(1)CA Business & Professions Code § 2282.5(a)(1) Establishing, in medical staff bylaws, rules, or regulations, criteria and standards, consistent with Article 11 (commencing with Section 800) of Chapter 1 of Division 2, for medical staff membership and privileges, and enforcing those criteria and standards.
(2)CA Business & Professions Code § 2282.5(a)(2) Establishing, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities including, but not limited to, periodic meetings of the medical staff and its committees and departments and review and analysis of patient medical records.
(3)CA Business & Professions Code § 2282.5(a)(3) Selecting and removing medical staff officers.
(4)CA Business & Professions Code § 2282.5(a)(4) Assessing medical staff dues and utilizing the medical staff dues as appropriate for the purposes of the medical staff.
(5)CA Business & Professions Code § 2282.5(a)(5) The ability to retain and be represented by independent legal counsel at the expense of the medical staff, provided that medical staff at the University of California have the right to retain and be represented by independent legal counsel at the expense of the medical staff upon approval by the Regents of the University of California or their designee in accordance with the bylaws of the Regents, which approval shall not be unreasonably denied.
(6)CA Business & Professions Code § 2282.5(a)(6) Initiating, developing, and adopting medical staff bylaws, rules, and regulations, and amendments thereto, subject to the approval of the hospital governing board, which approval shall not be unreasonably withheld.
(b)CA Business & Professions Code § 2282.5(b) The medical staff bylaws shall not interfere with the independent rights of the medical staff to do any of the following, but shall set forth the procedures for:
(1)CA Business & Professions Code § 2282.5(b)(1) Selecting and removing medical staff officers.
(2)CA Business & Professions Code § 2282.5(b)(2) Assessing medical staff dues and utilizing the medical staff dues as appropriate for the purposes of the medical staff.
(3)CA Business & Professions Code § 2282.5(b)(3) The ability to retain and be represented by independent legal counsel at the expense of the medical staff.
(c)CA Business & Professions Code § 2282.5(c) With respect to any dispute arising under this section, the medical staff and the hospital governing board shall meet and confer in good faith to resolve the dispute. Whenever any person or entity has engaged in or is about to engage in any acts or practices that hinder, restrict, or otherwise obstruct the ability of the medical staff to exercise its rights, obligations, or responsibilities under this section, the superior court of any county, on application of the medical staff, and after determining that reasonable efforts, including reasonable administrative remedies provided in the medical staff bylaws, rules, or regulations, have failed to resolve the dispute, may issue an injunction, writ of mandate, or other appropriate order. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Section § 2283

Explanation

This law describes what makes medical practice in small hospitals unprofessional if certain rules are not in place. It states that hospitals with fewer than five doctors must have rules set by the board of directors. These rules must ensure that only qualified and ethical professionals are on the medical staff, and they can't share profits from fees. Additionally, the hospital must keep proper and complete medical records for all patients.

The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:
(a)CA Business & Professions Code § 2283(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.
(b)CA Business & Professions Code § 2283(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.

Section § 2284

Explanation

This law states that a doctor or a group of doctors, including podiatrists or their corporations, cannot take any portion of the fees an acupuncturist charges or get any perks for referring patients to an acupuncturist. A doctor is only allowed to hire one acupuncturist, and a group of doctors or a medical corporation can only hire one acupuncturist per 20 doctors in the group or corporation.

(a)CA Business & Professions Code § 2284(a) A licensed physician and surgeon or a licensed podiatrist, or a group of physicians and surgeons or podiatrists, or a medical or podiatry corporation shall not share in any fee charged by an acupuncturist or receive any consideration from or on behalf of such acupuncturist for any referral or diagnosis.
(b)CA Business & Professions Code § 2284(b) A licensed physician and surgeon or podiatrist shall not employ more than one acupuncturist.
(c)CA Business & Professions Code § 2284(c) A group of physicians and surgeons or podiatrists, or a medical or podiatry corporation, shall not employ more than one acupuncturist for every 20 practitioners in such group or corporation.

Section § 2285

Explanation

If you have a professional license and use a fake or other name for your practice in public without getting the proper permit, that's considered unprofessional. However, there are exceptions: if you work for a business with a permit, for a licensed clinic, in accredited surgery settings, or at a medical school, you're okay to use the names they permit.

The use of any fictitious, false, or assumed name, or any name other than his or her own by a licensee either alone, in conjunction with a partnership or group, or as the name of a professional corporation, in any public communication, advertisement, sign, or announcement of his or her practice without a fictitious-name permit obtained pursuant to Section 2415 constitutes unprofessional conduct. This section shall not apply to the following:
(a)CA Business & Professions Code § 2285(a) Licensees who are employed by a partnership, a group, or a professional corporation that holds a fictitious name permit.
(b)CA Business & Professions Code § 2285(b) Licensees who contract with, are employed by, or are on the staff of, any clinic licensed by the State Department of Health Services under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code.
(c)CA Business & Professions Code § 2285(c) An outpatient surgery setting granted a certificate of accreditation from an accreditation agency approved by the medical board.
(d)CA Business & Professions Code § 2285(d) Any medical school approved by the division or a faculty practice plan connected with the medical school.

Section § 2286

Explanation

If someone with a professional license breaks, tries to break, helps someone else break, or plans to break certain corporation-related rules or laws, that counts as bad behavior or misconduct. This includes laws in a specific Act that relates to professional corporations and any rules made under those laws.

It shall constitute unprofessional conduct for any licensee to violate, to attempt to violate, directly or indirectly, to assist in or abet the violation of, or to conspire to violate any provision or term of Article 18 (commencing with Section 2400), of the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or of any rules and regulations duly adopted under those laws.

Section § 2287

Explanation

This law makes it unprofessional conduct to buy, sell, trade, or offer to buy or sell any medical or podiatric degree, or any related diploma or certificate. It also applies to altering or creating fake credentials with fraudulent intent. Trying or planning to do these actions is also considered unprofessional conduct.

The purchase, sale, or barter, or offering to purchase, sell, or barter any medical or podiatric degree, or any degree, diploma, certificate, affidavit, transcript, or other evidence made or purporting to be made, pursuant to any laws regulating the licensure of persons under this chapter, or any preceding medical practice act or for use in connection with the granting of any certificates or diplomas or the purchase, procurement, or altering in any material regard, with fraudulent intent, a diploma, certificate, affidavit, transcript, or other evidence required for issuing any certificate or diploma that has been purchased, fraudulently issued, counterfeited, or materially altered constitutes unprofessional conduct. The attempt to or conspiring to violate this section also constitutes unprofessional conduct.

Section § 2288

Explanation

If someone pretends to be another person or takes an exam on someone else's behalf for a certification, it is considered unprofessional behavior.

The impersonation of any applicant or acting as proxy for any applicant in any examination required under this chapter for a certificate constitutes unprofessional conduct.

Section § 2289

Explanation

This law states that if a licensed medical or podiatry professional pretends to be someone else or lets someone else use their certification to practice, it's considered bad behavior or unprofessional conduct.

The impersonation of another licensed practitioner or permitting or allowing another person to use his or her certificate to engage in the practice of medicine or podiatric medicine constitutes unprofessional conduct.

Section § 2290

Explanation

This section clarifies that any actions involving fraud related to medical records and educational credentials like degrees or diplomas are governed by a different set of rules, specifically those starting at a different section of the law. If an act is considered a crime under those rules, those rules take precedence over what is described in this article.

The provisions of Article 4 (commencing with Section 580) of Chapter 1, relating to frauds of medical records, degrees, diplomas, certificates, and transcripts are not affected by the provisions of this article and, so far as any act is a crime within their scope, such provisions control over the provisions of this article.

Section § 2290.5

Explanation

This law focuses on the use of telehealth—a way to provide healthcare remotely using technology. It defines key terms like 'telehealth', 'asynchronous store and forward', and 'synchronous interaction'. Before using telehealth, healthcare providers must get the patient's consent and document it. Patients can still choose in-person care if they wish, and all confidentiality rules still apply. Providers must follow the same professional standards as they would for in-person care. The law allows hospitals to grant telehealth privileges and verify credentials based on recommendations from distant-site hospitals. This doesn't change what healthcare providers can do legally or in what settings they can offer services.

(a)CA Business & Professions Code § 2290.5(a) For purposes of this division, the following definitions apply:
(1)CA Business & Professions Code § 2290.5(a)(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site.
(2)CA Business & Professions Code § 2290.5(a)(2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system.
(3)CA Business & Professions Code § 2290.5(a)(3) “Health care provider” means any of the following:
(A)CA Business & Professions Code § 2290.5(a)(3)(A) A person who is licensed under this division.
(B)CA Business & Professions Code § 2290.5(a)(3)(B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3.
(C)CA Business & Professions Code § 2290.5(a)(3)(C) A qualified autism service provider or qualified autism service professional certified by a national entity pursuant to Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.
(D)CA Business & Professions Code § 2290.5(a)(3)(D) An associate clinical social worker functioning pursuant to Section 4996.23.2.
(E)CA Business & Professions Code § 2290.5(a)(3)(E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3.
(4)CA Business & Professions Code § 2290.5(a)(4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates.
(5)CA Business & Professions Code § 2290.5(a)(5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site.
(6)CA Business & Professions Code § 2290.5(a)(6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers.
(b)CA Business & Professions Code § 2290.5(b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented.
(c)CA Business & Professions Code § 2290.5(c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth.
(d)CA Business & Professions Code § 2290.5(d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section.
(e)CA Business & Professions Code § 2290.5(e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law.
(f)CA Business & Professions Code § 2290.5(f) All laws regarding the confidentiality of health care information and a patient’s rights to the patient’s medical information shall apply to telehealth interactions.
(g)CA Business & Professions Code § 2290.5(g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care provider’s license shall apply to that health care provider while providing telehealth services.
(h)CA Business & Professions Code § 2290.5(h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility.
(i)Copy CA Business & Professions Code § 2290.5(i)
(1)Copy CA Business & Professions Code § 2290.5(i)(1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.
(2)CA Business & Professions Code § 2290.5(i)(2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1).
(3)CA Business & Professions Code § 2290.5(i)(3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations.

Section § 2291

Explanation

This law states it's considered unprofessional behavior for any medical professional, who isn't a member or an authorized official of their respective board, to sign or issue certificates covered by their chapter's regulations. This includes doctors of podiatric medicine and their specific board.

It is unprofessional conduct for any licensee not a member or authorized official of the board, or of the California Board of Podiatric Medicine in the case of a doctor of podiatric medicine, to sign or issue or cause to be signed or issued any certificate authorized by this chapter.

Section § 2292

Explanation

This law states that a medical professional in California can be required to take a competency test if there's a good reason to think they might not be practicing safely. Reasons could include serious mistakes or patterns of poor care. The test results can be used in disciplinary actions. If there's a referral, the case is formally presented and the medical professional gets a chance to defend themselves. A panel or judge decides if the test is needed. If the professional doesn't take the test, it could be considered unprofessional behavior. "Community standards" refers to the statewide expectations for medical practice.

(a)CA Business & Professions Code § 2292(a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by a medical expert designated by the division or the Board of Podiatric Medicine, as applicable, there is reasonable cause to believe that the licensee is unable to practice medicine with reasonable skill and safety to patients. Reasonable cause shall be demonstrated by one or more of the following: (1) a single incident of gross negligence; (2) a pattern of inappropriate prescribing; (3) an act of incompetence or negligence causing death or serious bodily injury; or (4) a pattern of substandard care.
(b)CA Business & Professions Code § 2292(b) The results of a competency examination shall be admissible as direct evidence and may be considered relevant in any subsequent disciplinary or interim proceeding against the licensee taking it, and, assuming it is determined to be relevant, shall be considered together with other relevant evidence in making a final determination.
(c)CA Business & Professions Code § 2292(c) Upon referral from the division, the matter shall be drafted and presented by the Senior Assistant Attorney General of the Health Quality Enforcement Section or his or her designee by way of a written petition detailing the reasonable cause. The petition shall contain all conclusions and facts upon which the presumption of reasonable cause is based. A copy of the petition shall be served on the physician who shall have the opportunity to file written opposition to the petition within 30 days after service. Service of the petition and any orders shall be in accordance with the methods of service authorized by subdivision (c) of Section 11505 of the Government Code.
(d)CA Business & Professions Code § 2292(d) A panel of the division shall review the petition and any opposition paper from the physician, or the panel of the division, or an administrative law judge to whom the petition is assigned by the division, may hold a hearing in accordance with the provisions of the Administrative Procedure Act to determine if reasonable cause exists, as specified in subdivision (a). The physician shall have the right to be represented at that hearing by the person of his or her choice. If the panel of the division or administrative law judge is satisfied that reasonable cause exists as to the circumstances specified in subdivision (a), the division or panel shall issue an order compelling the physician to undergo an examination of professional competency as measured by community standards. For purposes of this section, “community standards” means the statewide standards of the community of licensees. Failure to comply with the order duly served on the physician shall constitute unprofessional conduct for purposes of disciplinary proceedings.

Section § 2293

Explanation

This law outlines how professional competency exams are conducted for physicians. These exams are oral, tested by three physician examiners, and recorded. Failing the exam happens if two out of the three testers give failing grades. If a physician fails, they can request a hearing to contest the result within 45 days, potentially leading to a second exam if the hearing finds unfairness or bias in the testing process. If a retake isn't granted and a physician still doesn’t pass, the board can initiate disciplinary action. Passing these exams generally proves a doctor's competence.

(a)CA Business & Professions Code § 2293(a) The professional competency examination shall be in the form of an oral clinical examination to be administered by three physician examiners selected by the division or its designee, who shall test for medical knowledge specific to the physician’s specialty or specific suspected deficiency. The examination shall be audio recorded.
(b)CA Business & Professions Code § 2293(b) A failing grade from two of the examiners shall constitute a failure of an examination. In the event of a failure, the board shall supply a true and correct copy of the audio recording of the examination to the unsuccessful examinee.
(c)CA Business & Professions Code § 2293(c) Within 45 days following receipt of the audio recording of the examination, a physician who fails the examination may request a hearing before the administrative law judge as designated in Section 11371 of the Government Code to determine whether he or she is entitled to take a second examination.
(d)CA Business & Professions Code § 2293(d) If the physician timely requests a hearing concerning the right to reexamination under subdivision (c), the hearing shall be held in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). Upon a finding that the examination or procedure is unfair or that one or more of the examiners manifest bias toward the examinee, a reexamination shall be ordered.
(e)CA Business & Professions Code § 2293(e) If the examinee fails the examination and is not afforded the right to reexamination, the division may take action pursuant to Section 2230 by directing that an accusation be filed charging the examinee with incompetency under subdivision (d) of Section 2234. The modes of discipline are set forth in Sections 2227 and 2228.
(f)CA Business & Professions Code § 2293(f) Findings and conclusions reported by the examiners may be received in the administrative hearing on the accusation. The passing of the examination shall constitute prima facie evidence of present competence in the area of coverage of the examination.
(g)CA Business & Professions Code § 2293(g) Competency examinations shall be conducted under a uniform examination system, and for that purpose the division may make arrangements with organizations furnishing examination material as deemed desirable.

Section § 2294

Explanation

This section explains what happens when a physician takes a competency exam. If they pass the exam, they won't face charges of incompetence based on the original reasons for the test. If there isn't enough evidence for charges, all related records are kept confidential and can't be used in legal actions. If no more hearings or actions occur for five years, all related records have to be destroyed.

(a)CA Business & Professions Code § 2294(a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination administered, the division shall be precluded from filing an accusation of incompetency based solely on the circumstances giving rise to the reasonable cause for the examination.
(b)CA Business & Professions Code § 2294(b) If the division determines there is insufficient cause to file an accusation based on the examination results, then all agency records of the proceedings, including the petition and order for the examination, investigative reports, if any, reports of staff or outside medical consultants, and the reports of the examiners, shall be kept confidential and shall not be subject to discovery or subpoena.
(c)CA Business & Professions Code § 2294(c) If no further proceedings are conducted to determine the physician’s fitness to practice during a period of five years from the date of the petition under Section 2292, then the agency shall purge and destroy all records pertaining to the proceedings.

Section § 2305

Explanation

If a doctor is disciplined, has their medical license revoked or limited by another state or a federal agency for reasons that would also be grounds for discipline in California, this can be used as a reason to also discipline them for unprofessional conduct in California.

The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice medicine issued by that state, or the revocation, suspension, or restriction of the authority to practice medicine by any agency of the federal government, that would have been grounds for discipline in California of a licensee under this chapter, shall constitute grounds for disciplinary action for unprofessional conduct against the licensee in this state.

Section § 2306

Explanation

If a doctor's license to practice is suspended, they can't practice medicine during that time. Once the suspension ends, their license will automatically be reinstated unless they were caught practicing while suspended. If they did, their license will be permanently revoked.

If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such suspension. Upon the expiration of the term of suspension, the certificate shall be reinstated by the Division of Medical Quality, unless the licensee during the term of suspension is found to have engaged in the practice of medicine in this state. In that event, the division shall revoke the licensee’s certificate to engage in the practice of medicine.

Section § 2307

Explanation

If your professional certificate in California has been surrendered, revoked, or suspended due to disciplinary issues, you can ask the relevant board to reinstate it or change the penalties. You need to wait for a certain time before applying: five years for serious issues, two years for ending probation early, and one year for changes related to health issues. Your request must include recommendations from professionals familiar with your case. An administrative law judge or board panel evaluates your steps toward rehabilitation and your professional reputation. If your certificate was revoked for sexual misconduct or similar serious offenses, it cannot be reinstated. Additionally, the board won’t consider requests if you are under criminal sentence or have pending charges.

(a)CA Business & Professions Code § 2307(a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation.
(b)CA Business & Professions Code § 2307(b) The person may file the petition after a period of not less than the following minimum periods have elapsed from the effective date of the surrender of the certificate or the decision ordering that disciplinary action:
(1)CA Business & Professions Code § 2307(b)(1) At least five years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after three years.
(2)CA Business & Professions Code § 2307(b)(2) At least two years for early termination of probation or after more than one-half of the probation term has elapsed, whichever is greater.
(3)CA Business & Professions Code § 2307(b)(3) At least one year for modification of a condition, or reinstatement of a license surrendered or revoked for mental or physical illness, or termination of probation of less than three years.
(c)CA Business & Professions Code § 2307(c) The petition shall state any facts as may be required by the board. The petition shall be accompanied by at least two verified recommendations from physicians and surgeons licensed in any state who have personal knowledge of the activities of the petitioner since the disciplinary penalty was imposed.
(d)CA Business & Professions Code § 2307(d) The petition may be heard by a panel of the board. The board may assign the petition to an administrative law judge designated in Section 11371 of the Government Code. After a hearing on the petition, the administrative law judge shall provide a proposed decision to the board or the California Board of Podiatric Medicine, as applicable, which shall be acted upon in accordance with Section 2335.
(e)CA Business & Professions Code § 2307(e) The panel of the board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the certificate was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued from time to time as the administrative law judge designated in Section 11371 of the Government Code finds necessary.
(f)CA Business & Professions Code § 2307(f) The administrative law judge designated in Section 11371 of the Government Code reinstating a certificate or modifying a penalty may recommend the imposition of any terms and conditions deemed necessary.
(g)CA Business & Professions Code § 2307(g) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the person. The board shall automatically reject a petition for early termination or modification of probation if the board files a petition to revoke probation while the petition for early termination or modification of the probation is pending. The board may deny without a hearing or argument any petition filed pursuant to this section within a period of three years from the effective date of the prior decision following a hearing under this section.
(h)CA Business & Professions Code § 2307(h) This section is applicable to and may be carried out with regard to licensees of the California Board of Podiatric Medicine. In lieu of two verified recommendations from physicians and surgeons, the petition shall be accompanied by at least two verified recommendations from doctors of podiatric medicine licensed in any state who have personal knowledge of the activities of the petitioner since the date the disciplinary penalty was imposed.
(i)Copy CA Business & Professions Code § 2307(i)
(1)Copy CA Business & Professions Code § 2307(i)(1) The board shall not reinstate the certificate of a person under any of the following circumstances:
(A)CA Business & Professions Code § 2307(i)(1)(A) The person’s certificate has been surrendered because the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.
(B)CA Business & Professions Code § 2307(i)(1)(B) The person’s certificate has been revoked based on a finding by the board that the person committed an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.
(C)CA Business & Professions Code § 2307(i)(1)(C) The person was convicted in a court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290 of the Penal Code, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
(D)CA Business & Professions Code § 2307(i)(1)(D) The person has been required to register as a sex offender pursuant to the provisions of Section 290 of the Penal Code, regardless of whether the conviction has been appealed, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
(2)CA Business & Professions Code § 2307(i)(2) A plea or a verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
(3)CA Business & Professions Code § 2307(i)(3) This subdivision does not apply to an applicant who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code.
(j)CA Business & Professions Code § 2307(j) Nothing in this section shall be deemed to alter Sections 822 and 823.

Section § 2307.5

Explanation

This law allows a board to set a fee when someone asks to have their professional license reinstated or a penalty changed. The fee must only cover the board's actual costs of handling the request. The board will also create rules following specific government procedures to put this law into action.

(a)CA Business & Professions Code § 2307.5(a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307.
(b)CA Business & Professions Code § 2307.5(b) The fee established shall not exceed the board’s reasonable costs to process and adjudicate a petition submitted pursuant to Section 2307.
(c)CA Business & Professions Code § 2307.5(c) The board shall adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section.

Section § 2310

Explanation

If a doctor licensed in a state outside California or by the federal government has their license suspended or revoked, it automatically suspends their California medical certificate. This suspension can be challenged in a hearing, conducted within 90 days, to discuss penalties. If the out-of-state decision is overturned or shown not to be valid grounds for California discipline, the suspension can be revoked. However, this doesn't apply to doctors mainly practicing in California, or whose license issues relate to non-medical staff matters at federal hospitals. The section also doesn't apply if the suspension is based solely on discipline from another state.

(a)CA Business & Professions Code § 2310(a) If a physician and surgeon possesses a license or is otherwise authorized to practice medicine (1) in any state other than California or (2) by any agency of the federal government and that license or authority is suspended or revoked outright and is reported to the National Practitioners Data Bank, the physician and surgeon’s certificate shall be suspended automatically for the duration of the suspension or revocation, unless terminated or rescinded as provided in subdivision (c). The division shall notify the physician and surgeon of the license suspension and of his or her right to have the issue of penalty heard as provided in this section.
(b)CA Business & Professions Code § 2310(b) Upon its own motion or for good cause shown, the division may decline to impose or may set aside the suspension when it appears to be in the interest of justice to do so, with due regard to maintaining the integrity of and confidence in the medical profession.
(c)CA Business & Professions Code § 2310(c) The issue of penalty shall be heard by an administrative law judge from the Medical Quality Panel sitting alone or with a panel of the division, in the discretion of the division. A physician and surgeon may request a hearing on the penalty and that hearing shall be held within 90 days from the date of the request. If the order suspending or revoking the physician and surgeon’s license or authority to practice medicine is overturned on appeal, any discipline ordered pursuant to this section shall automatically cease. Upon the showing to the administrative law judge or panel by the physician and surgeon that the out-of-state action is not a basis for discipline in California, the suspension shall be rescinded.
If an accusation for permanent discipline is not filed within 90 days of the suspension imposed pursuant to this section, the suspension shall automatically terminate.
(d)CA Business & Professions Code § 2310(d) The record of the proceedings that resulted in the suspension or revocation of the physician and surgeon’s license or authority to practice medicine, including a transcript of the testimony therein, may be received in evidence.
(e)CA Business & Professions Code § 2310(e) This section shall not apply to a physician and surgeon who maintains his or her primary practice in California, as evidenced by having maintained a practice in this state for not less than one year immediately preceding the date of suspension or revocation. Nothing in this section shall preclude a physician’s and surgeon’s license from being suspended pursuant to any other provision of law.
(f)CA Business & Professions Code § 2310(f) This section shall not apply to a physician and surgeon whose license has been surrendered whose only discipline is a medical staff disciplinary action at a federal hospital not for medical disciplinary cause or reason as that term is defined in Section 805, or whose revocation or suspension has been stayed, even if the physician and surgeon remains subject to terms of probation or other discipline.
(g)CA Business & Professions Code § 2310(g) This section shall not apply to a suspension or revocation imposed by a state that is based solely on the prior discipline of the physician and surgeon by another state.
(h)CA Business & Professions Code § 2310(h) The other provisions of this article setting forth a procedure for the suspension or revocation of a physician and surgeon’s certificate shall not apply to summary suspensions issued pursuant to this section. If a summary suspension has been issued pursuant to this section, the physician or surgeon may request that the hearing on the penalty conducted pursuant to subdivision (c) be held at the same time as a hearing on the accusation.

Section § 2311

Explanation

If someone is doing or about to do something illegal under this chapter, the superior court can step in and stop them if the board or at least ten doctors or podiatrists request it. They do this through an injunction, which is a court order to halt the activity. The process for getting this order follows certain rules outlined in the California Code of Civil Procedure.

Whenever any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the superior court of any county, on application of the board or of 10 or more persons licensed as physicians and surgeons or as podiatrists in this state, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

Section § 2312

Explanation

If California's Division of Medical Quality thinks a doctor might harm public health, safety, or welfare, they can try to stop the doctor from practicing through a legal order called an injunction.

The Division of Medical Quality shall seek to obtain an injunction against any physician and surgeon within its jurisdiction if the division has reasonable cause to believe that allowing such person to continue to engage in the practice of medicine would endanger the public health, safety, or welfare.

Section § 2313

Explanation

Every year by October 1, the board must report to the Legislature on several activities. They need to detail how many restraining orders and suspensions they sought against license holders, and in what situations. They also have to list actions taken for bad behavior, especially with mishandling drugs or pain prescriptions. Additionally, they must provide data on consumer complaints, legal cases, and outcomes. Information on investigations, settlements over $30,000 grouped by medical specialty, and disciplinary actions related to peer reviews must also be included. This helps the Legislature track the board's performance and actions taken with respect to licensees and medical practice compliance.

The board shall report annually to the Legislature, no later than October 1 of each year, the following information:
(a)CA Business & Professions Code § 2313(a) The total number of temporary restraining orders or interim suspension orders sought by the board to enjoin licensees pursuant to Sections 125.7, 125.8, and 2311, the circumstances in each case that prompted the board to seek that injunctive relief, and whether a restraining order or interim suspension order was actually issued.
(b)CA Business & Professions Code § 2313(b) The total number and types of actions for unprofessional conduct taken by the board against licensees, the number and types of actions taken against licensees for unprofessional conduct related to prescribing drugs, narcotics, or other controlled substances, including those related to the undertreatment or undermedication of pain.
(c)CA Business & Professions Code § 2313(c) Information relative to the performance of the board, including the following: number of consumer calls received; number of consumer calls or letters designated as discipline-related complaints; number of complaint forms received; number of Section 805 and Section 805.01 reports by type; number of Section 801.01 and Section 803 reports; coroner reports received; number of convictions reported to the board; number of criminal filings reported to the division; number of complaints and referrals closed, referred out, or resolved without discipline, respectively, prior to accusation; number of accusations filed and final disposition of accusations through the board and court review, respectively; final physician discipline by category; number of citations issued with fines and without fines, and number of public reprimands issued; number of cases in process more than six months from receipt by the board of information concerning the relevant acts to the filing of an accusation; average and median time in processing complaints from original receipt of complaint by the board for all cases at each stage of discipline and court review, respectively; number of persons in diversion, and number successfully completing diversion programs and failing to do so, respectively; probation violation reports and probation revocation filings and dispositions; number of petitions for reinstatement and their dispositions; and caseloads of investigators for original cases and for probation cases, respectively.
“Action,” for purposes of this section, includes proceedings brought by, or on behalf of, the board against licensees for unprofessional conduct that have not been finally adjudicated, as well as disciplinary actions taken against licensees.
(d)CA Business & Professions Code § 2313(d) The total number of reports received pursuant to Sections 805 and 805.01 by the type of peer review body reporting and, where applicable, the type of health care facility involved and the total number and type of administrative or disciplinary actions taken by the board with respect to the reports.
(e)CA Business & Professions Code § 2313(e) The number of malpractice settlements in excess of thirty thousand dollars ($30,000) reported pursuant to Section 801.01. This information shall be grouped by specialty practice and shall include the total number of physicians and surgeons practicing in each specialty. For the purpose of this subdivision, “specialty” includes all specialties and subspecialties considered in determining the risk categories described in Section 803.1.

Section § 2314

Explanation

This section states that if someone breaks the rules of this article, they're committing a misdemeanor, whether they have a license or not. Also, specific penalties apply if they violate Section 2273, following the guidelines in Section 2315(b).

(a)CA Business & Professions Code § 2314(a) Unless it is otherwise expressly provided, any person, whether licensed under this chapter or not, who violates any provision of this article is guilty of a misdemeanor.
(b)CA Business & Professions Code § 2314(b) A person, whether licensed under this chapter or not, who violates Section 2273 is punishable pursuant to subdivision (b) of Section 2315.

Section § 2315

Explanation

This law explains the penalties for misdemeanors and specific violations under a certain chapter. If someone is found guilty of a misdemeanor, they may face a fine between $200 and $1,200, up to 180 days in jail, or both. Violating Section 2273 is more serious. First-time violators can be jailed for up to a year. If they break it again, they could face longer jail terms or a fine up to $10,000, or both.

(a)CA Business & Professions Code § 2315(a) Except as otherwise provided by law, any person found guilty of a misdemeanor for a violation of this chapter shall be punished by a fine of not less than two hundred dollars ($200) nor more than one thousand two hundred dollars ($1,200) or by imprisonment for a term of not less than 60 days nor more than 180 days, or by both such fine and imprisonment.
(b)CA Business & Professions Code § 2315(b) A violation of Section 2273 is a public offense and is punishable upon a first conviction by imprisonment in a county jail for not more than one year. A second or subsequent conviction is punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by a fine not exceeding ten thousand dollars ($10,000) or by both the fine and imprisonment.

Section § 2316

Explanation

If a doctor helps the board with their expert opinion and then faces any disciplinary action by their specialty board because of this work, the Attorney General's Office will defend the doctor in the disciplinary case as long as the board agrees.

If a licensed physician and surgeon who provides expertise to the board in the evaluation of an applicant or a licensee is, as a result of providing that expertise, the subject of a disciplinary proceeding undertaken by a specialty board of which the physician and surgeon is a member, with board approval, the Office of the Attorney General shall represent the physician and surgeon in that disciplinary proceeding regarding any allegation brought against the physician and surgeon as a direct result of providing that expertise to the board.

Section § 2317

Explanation

This law states that if someone is hired or volunteers to give testimony or opinions for the Medical Board of California or the California Board of Podiatric Medicine, and they face a lawsuit for doing so, the board has to provide legal defense for them. The board also covers any monetary judgments against this person unless it's punitive damages. If the person is found liable for punitive damages, they must repay the board for the cost of their legal defense. The Attorney General will handle such cases.

If a person, not a regular employee of the board, is hired, under contract, or retained under any other arrangement, paid or unpaid, to provide expertise or nonexpert testimony to the Medical Board of California or to the California Board of Podiatric Medicine, including, but not limited to, the evaluation of the conduct of an applicant or a licensee, and that person is named as a defendant in an action for defamation, malicious prosecution, or any other civil cause of action directly resulting from opinions rendered, statements made, or testimony given to, or on behalf of, the committee or its representatives, the board shall provide for representation required to defend the defendant in that civil action. The board shall be liable for any judgment rendered against that person, except that the board shall not be liable for any punitive damages award. If the plaintiff prevails in a claim for punitive damages, the defendant shall be liable to the board for the full costs incurred in providing representation to the defendant. The Attorney General shall be utilized in those actions as provided in Section 2020.

Section § 2318

Explanation

This law protects people who report a medical professional's unprofessional conduct or impairment issues to certain boards or the Department of Justice from being sued for damages in a civil lawsuit. This could involve reports about drug or alcohol abuse, or mental illness. The law ensures that these individuals won't face legal consequences for their reports, encouraging transparency and accountability. However, this protection doesn't change any existing absolute legal privileges they may have under another law.

In addition to any immunity afforded by Sections 43.8 and 47 of the Civil Code, if applicable, any person, including, but not limited to, a physician and surgeon, hospital, health facility as defined in Section 1250 of the Health and Safety Code, nursing home, convalescent home, peer review body as defined in Section 805, medical society, professional association, patient, nurse, or other healing arts licensee who provides information to the board, to the California Board of Podiatric Medicine, or to the Department of Justice indicating that a board licensee may be guilty of unprofessional conduct or may be impaired because of drug or alcohol abuse or mental illness, shall not be liable for any damages in any civil action on account of the communication of that information to the board. The immunities afforded by this section shall not affect the availability of any absolute privilege which may be afforded by Section 47 of the Civil Code.

Section § 2319

Explanation

The board aims to improve how quickly it handles disciplinary cases. Ideally, it should take no more than six months to finish investigating most complaints. However, if a case involves complicated medical, fraud, business, or financial issues, it may take up to a year to investigate.

(a)CA Business & Professions Code § 2319(a) The board shall set as a goal the improvement of its disciplinary system by January 1, 1992, so that an average of no more than six months will elapse from the receipt of complaint to the completion of an investigation.
(b)CA Business & Professions Code § 2319(b) Notwithstanding subdivision (a), the goal for cases which, in the opinion of the board, involve complex medical or fraud issues or complex business or financial arrangements should be no more than one year to investigate.