2000. This chapter shall be known and may be cited as the Medical
Practice Act. Whenever a reference is made to the Medical Practice
Act by the provisions of any statute, it is to be construed as
referring to the provisions of this chapter.
2001. (a) There is in the Department of Consumer Affairs a Medical
Board of California that consists of 15 members, seven of whom shall
be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2001.1. Protection of the public shall be the highest priority for
the Medical Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
2002. Unless otherwise expressly provided, the term "board" as used
in this chapter means the Medical Board of California. As used in
this chapter or any other provision of law, "Division of Medical
Quality" and "Division of Licensing" shall be deemed to refer to the
board.
2004. The board shall have the responsibility for the following:
(a) The enforcement of the disciplinary and criminal provisions of
the Medical Practice Act.
(b) The administration and hearing of disciplinary actions.
(c) Carrying out disciplinary actions appropriate to findings made
by a panel or an administrative law judge.
(d) Suspending, revoking, or otherwise limiting certificates after
the conclusion of disciplinary actions.
(e) Reviewing the quality of medical practice carried out by
physician and surgeon certificate holders under the jurisdiction of
the board.
(f) Approving undergraduate and graduate medical education
programs.
(g) Approving clinical clerkship and special programs and
hospitals for the programs in subdivision (f).
(h) Issuing licenses and certificates under the board's
jurisdiction.
(i) Administering the board's continuing medical education
program.
2006. (a) Any reference in this chapter to an investigation by the
board shall be deemed to refer to a joint investigation conducted by
employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
2007. Members of the board shall only be appointed from persons who
have been citizens of this state for at least five years next
preceding their appointment. Members of the board, except the public
members, shall only be appointed from persons licensed as physicians
and surgeons in this state. No person who in any manner owns any
interest in any college, school, or institution engaged in medical
instruction shall be appointed to the board. Four of the physician
members of the board shall hold faculty appointments in a clinical
department of an approved medical school in the state, but not more
than four members of the board may hold full-time appointments to the
faculties of such medical schools.
The public members shall not be licentiates of the board.
2008. The board may appoint panels from its members for the purpose
of fulfilling the obligations established in subdivision (c) of
Section 2004. Any panel appointed under this section shall at no time
be comprised of less than four members and the number of public
members assigned to the panel shall not exceed the number of licensed
physician and surgeon members assigned to the panel. The president
of the board shall not be a member of any panel unless there is a
vacancy in the membership of the board. Each panel shall annually
elect a chair and a vice chair.
2010. Each member of the board shall be appointed for a term of
four years.
Vacancies occuring on the board shall be filled by appointment of
the appointing power for the unexpired term.
2011. The appointing power may remove any member of the board for
neglect of duty required by this chapter, incompetency, or
unprofessional conduct.
2012. The board shall elect a president, a vice president, and a
secretary from its members.
2013. (a) The board and a panel appointed under this chapter may
convene from time to time as deemed necessary by the board.
(b) Four members of a panel of the board shall constitute a quorum
for the transaction of business at any meeting of the panel. Eight
members shall constitute a quorum for the transaction of business at
any board meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a board or panel meeting, those members
constituting at least a quorum, to pass any motion, resolution, or
measure. A decision by a panel to discipline a physician and surgeon
shall require an affirmative vote, at a meeting or by mail, of a
majority of the members of that panel; except that a decision to
revoke the certificate of a physician and surgeon shall require the
affirmative vote of four members of that panel.
2014. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
2015. The president of the board may call meetings of any duly
appointed and created committee or panel of the board at a specified
time and place.
2015.5. The board may establish advisory committees consisting of
persons who have a physician's and surgeon's certificate issued by
the board that is in good standing and members of the public with
interest or knowledge of the subject matter assigned to the
committee. Members of an advisory committee need not be members of
the board.
2016. Each member of the board and its committees shall receive per
diem and travel expenses as provided in Section 103.
2017. The board and each committee or panel shall keep an official
record of all their proceedings.
2018. The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, those regulations as
may be necessary to enable it to carry into effect the provisions of
law relating to the practice of medicine.
2019. The office of the board shall be in the City of Sacramento.
Suboffices may be established in the Cities of Los Angeles, San
Diego, and San Francisco or the environs of such cities. Legal
proceedings against the board shall be instituted in any one of these
four cities. The board may also establish other suboffices as it may
deem necessary and such records as may be necessary may be
transferred temporarily to any suboffices.
2020. (a) The board may employ an executive director exempt from
the provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry this chapter into
effect. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
2022. The directory shall be prima facie evidence of the authority
of the persons named therein to practice under this act, unless such
authority has been revoked, suspended, or otherwise limited pursuant
to this chapter subsequent to the publication of the directory.
2023. (a) The board, in conjunction with the Health Professions
Education Foundation, shall study the issue of its providing medical
malpractice insurance to physicians and surgeons who provide
voluntary, unpaid services as described in subdivision (b) of Section
2083, and report its findings to the Legislature on or before
January 1, 2008.
(b) The report shall include, but not be limited to, a discussion
of the following items:
(1) The cost of administering a program to provide medical
malpractice insurance to the physicians and surgeons and the process
for administering the program.
(2) The options for providing medical malpractice insurance to the
physicians and surgeons and for funding the coverage.
(3) Whether the licensure surcharge fee assessed under Section
2436.5 is sufficient to fund the provision of medical malpractice
insurance for the physicians and surgeons.
(c) This section shall be implemented only after the Legislature
has made an appropriation from the Contingent Fund of the Medical
Board of California to fund the study.
2023.5. (a) The board, in conjunction with the Board of Registered
Nursing, and in consultation with the Physician Assistant Committee
and professionals in the field, shall review issues and problems
surrounding the use of laser or intense light pulse devices for
elective cosmetic procedures by physicians and surgeons, nurses, and
physician assistants. The review shall include, but need not be
limited to, all of the following:
(1) The appropriate level of physician supervision needed.
(2) The appropriate level of training to ensure competency.
(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:
(A) Patient selection.
(B) Patient education, instruction, and informed consent.
(C) Use of topical agents.
(D) Procedures to be followed in the event of complications or
side effects from the treatment.
(E) Procedures governing emergency and urgent care situations.
(b) On or before January 1, 2009, the board and the Board of
Registered Nursing shall promulgate regulations to implement changes
determined to be necessary with regard to the use of laser or intense
pulse light devices for elective cosmetic procedures by physicians
and surgeons, nurses, and physician assistants.
2024. (a) The board may select and contract with necessary medical
consultants who are licensed physicians and surgeons to assist it in
its programs. Subject to Section 19130 of the Government Code, the
board may contract with these consultants on a sole source basis.
(b) Every consultant retained under this section for a given
investigation of a licensee shall be a specialist, as defined in
subparagraph (B) of paragraph (5) of subdivision (h) of Section 651.
2025. The board through its regular mailing shall notify all
licensees of the existence of pain management guidelines published by
the Agency for Health Care Policy and Research of the Public Health
Service within the United States Department of Health and Human
Services, and shall provide the published guidelines to licensees
upon request.
2027. (a) The board shall post on the Internet the following
information in its possession, custody, or control regarding licensed
physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the Medical Board of
California unless an appeal of that decision is pending.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason. The posting shall also
provide a link to any additional explanatory or exculpatory
information submitted electronically by the licensee pursuant to
subdivision (f) of Section 805.
(7) Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
(8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
(9) Any information required to be disclosed pursuant to Section
803.1.
(b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003. Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
(2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site.
(3) Notwithstanding paragraph (2) and except as provided in
paragraph (4), if a licensee's hospital staff privileges are restored
and the licensee notifies the board of the restoration, the
information pertaining to the termination or revocation of those
privileges, as described in paragraph (6) of subdivision (a), shall
remain posted for a period of 10 years from the restoration date of
the privileges, and at the end of that period shall be removed from
being posted on the board's Internet Web site.
(4) Notwithstanding paragraph (2), if a court finds, in a final
judgment, that peer review resulting in a hospital disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding, the information concerning that hospital
disciplinary action posted pursuant to paragraph (6) of subdivision
(a) shall be immediately removed from the board's Internet Web site.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(c) The board shall also post on the Internet a factsheet that
explains and provides information on the reporting requirements under
Section 805.
(d) The board shall provide links to other Web sites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
2028. (a) The Medical Board of California shall consult with the
California State Board of Pharmacy and commission a study and report
its results to the Legislature on or before January 1, 2003, on the
electronic transmission of prescriptions by physicians and surgeons.
(b) This report shall include recommendations on the following
matters:
(1) Whether the electronic transmission of prescriptions should be
encouraged.
(2) Methods to encourage physicians and surgeons, health care
providers specified in subdivision (a) of Section 4024, and persons
licensed to prescribe in another state who meet the requirements
described in subdivision (b) of Section 4005 to issue prescriptions
by electronic transmission.
(3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, health
care providers specified in subdivision (a) of Section 4024, and
persons licensed to prescribe in another state who meet the
requirements described in subdivision (b) of Section 4005 to use when
transmitting prescriptions electronically.
(c) "Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, health care provider
specified in subdivision (a) of Section 4024, or person licensed to
prescribe in another state who meets the requirements described in
subdivision (b) of Section 4005 who is transmitting the prescription
electronically.
2028.5. (a) The board may establish a pilot program to expand the
practice of telemedicine in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telemedicine model, to deliver throughout the state health
care to persons with chronic diseases as well as information on the
best practices for chronic disease management services and techniques
and other health care information as deemed appropriate.
(d) The board shall make a report with its recommendations
regarding its findings to the Legislature within one calendar year of
the commencement date of the pilot program. The report shall include
an evaluation of the improvement and affordability of health care
services and the reduction in the number of complications achieved by
the pilot program.
2029. The board shall keep a copy of a complaint it receives
regarding the poor quality of care rendered by a licensee for 10
years from the date the board receives the complaint. For retrieval
purposes, these complaints shall be filed by the licensee's name and
license number.
2000. This chapter shall be known and may be cited as the Medical
Practice Act. Whenever a reference is made to the Medical Practice
Act by the provisions of any statute, it is to be construed as
referring to the provisions of this chapter.
2001. (a) There is in the Department of Consumer Affairs a Medical
Board of California that consists of 15 members, seven of whom shall
be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2001.1. Protection of the public shall be the highest priority for
the Medical Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
2002. Unless otherwise expressly provided, the term "board" as used
in this chapter means the Medical Board of California. As used in
this chapter or any other provision of law, "Division of Medical
Quality" and "Division of Licensing" shall be deemed to refer to the
board.
2004. The board shall have the responsibility for the following:
(a) The enforcement of the disciplinary and criminal provisions of
the Medical Practice Act.
(b) The administration and hearing of disciplinary actions.
(c) Carrying out disciplinary actions appropriate to findings made
by a panel or an administrative law judge.
(d) Suspending, revoking, or otherwise limiting certificates after
the conclusion of disciplinary actions.
(e) Reviewing the quality of medical practice carried out by
physician and surgeon certificate holders under the jurisdiction of
the board.
(f) Approving undergraduate and graduate medical education
programs.
(g) Approving clinical clerkship and special programs and
hospitals for the programs in subdivision (f).
(h) Issuing licenses and certificates under the board's
jurisdiction.
(i) Administering the board's continuing medical education
program.
2006. (a) Any reference in this chapter to an investigation by the
board shall be deemed to refer to a joint investigation conducted by
employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
2007. Members of the board shall only be appointed from persons who
have been citizens of this state for at least five years next
preceding their appointment. Members of the board, except the public
members, shall only be appointed from persons licensed as physicians
and surgeons in this state. No person who in any manner owns any
interest in any college, school, or institution engaged in medical
instruction shall be appointed to the board. Four of the physician
members of the board shall hold faculty appointments in a clinical
department of an approved medical school in the state, but not more
than four members of the board may hold full-time appointments to the
faculties of such medical schools.
The public members shall not be licentiates of the board.
2008. The board may appoint panels from its members for the purpose
of fulfilling the obligations established in subdivision (c) of
Section 2004. Any panel appointed under this section shall at no time
be comprised of less than four members and the number of public
members assigned to the panel shall not exceed the number of licensed
physician and surgeon members assigned to the panel. The president
of the board shall not be a member of any panel unless there is a
vacancy in the membership of the board. Each panel shall annually
elect a chair and a vice chair.
2010. Each member of the board shall be appointed for a term of
four years.
Vacancies occuring on the board shall be filled by appointment of
the appointing power for the unexpired term.
2011. The appointing power may remove any member of the board for
neglect of duty required by this chapter, incompetency, or
unprofessional conduct.
2012. The board shall elect a president, a vice president, and a
secretary from its members.
2013. (a) The board and a panel appointed under this chapter may
convene from time to time as deemed necessary by the board.
(b) Four members of a panel of the board shall constitute a quorum
for the transaction of business at any meeting of the panel. Eight
members shall constitute a quorum for the transaction of business at
any board meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a board or panel meeting, those members
constituting at least a quorum, to pass any motion, resolution, or
measure. A decision by a panel to discipline a physician and surgeon
shall require an affirmative vote, at a meeting or by mail, of a
majority of the members of that panel; except that a decision to
revoke the certificate of a physician and surgeon shall require the
affirmative vote of four members of that panel.
2014. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
2015. The president of the board may call meetings of any duly
appointed and created committee or panel of the board at a specified
time and place.
2015.5. The board may establish advisory committees consisting of
persons who have a physician's and surgeon's certificate issued by
the board that is in good standing and members of the public with
interest or knowledge of the subject matter assigned to the
committee. Members of an advisory committee need not be members of
the board.
2016. Each member of the board and its committees shall receive per
diem and travel expenses as provided in Section 103.
2017. The board and each committee or panel shall keep an official
record of all their proceedings.
2018. The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, those regulations as
may be necessary to enable it to carry into effect the provisions of
law relating to the practice of medicine.
2019. The office of the board shall be in the City of Sacramento.
Suboffices may be established in the Cities of Los Angeles, San
Diego, and San Francisco or the environs of such cities. Legal
proceedings against the board shall be instituted in any one of these
four cities. The board may also establish other suboffices as it may
deem necessary and such records as may be necessary may be
transferred temporarily to any suboffices.
2020. (a) The board may employ an executive director exempt from
the provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry this chapter into
effect. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
2022. The directory shall be prima facie evidence of the authority
of the persons named therein to practice under this act, unless such
authority has been revoked, suspended, or otherwise limited pursuant
to this chapter subsequent to the publication of the directory.
2023. (a) The board, in conjunction with the Health Professions
Education Foundation, shall study the issue of its providing medical
malpractice insurance to physicians and surgeons who provide
voluntary, unpaid services as described in subdivision (b) of Section
2083, and report its findings to the Legislature on or before
January 1, 2008.
(b) The report shall include, but not be limited to, a discussion
of the following items:
(1) The cost of administering a program to provide medical
malpractice insurance to the physicians and surgeons and the process
for administering the program.
(2) The options for providing medical malpractice insurance to the
physicians and surgeons and for funding the coverage.
(3) Whether the licensure surcharge fee assessed under Section
2436.5 is sufficient to fund the provision of medical malpractice
insurance for the physicians and surgeons.
(c) This section shall be implemented only after the Legislature
has made an appropriation from the Contingent Fund of the Medical
Board of California to fund the study.
2023.5. (a) The board, in conjunction with the Board of Registered
Nursing, and in consultation with the Physician Assistant Committee
and professionals in the field, shall review issues and problems
surrounding the use of laser or intense light pulse devices for
elective cosmetic procedures by physicians and surgeons, nurses, and
physician assistants. The review shall include, but need not be
limited to, all of the following:
(1) The appropriate level of physician supervision needed.
(2) The appropriate level of training to ensure competency.
(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:
(A) Patient selection.
(B) Patient education, instruction, and informed consent.
(C) Use of topical agents.
(D) Procedures to be followed in the event of complications or
side effects from the treatment.
(E) Procedures governing emergency and urgent care situations.
(b) On or before January 1, 2009, the board and the Board of
Registered Nursing shall promulgate regulations to implement changes
determined to be necessary with regard to the use of laser or intense
pulse light devices for elective cosmetic procedures by physicians
and surgeons, nurses, and physician assistants.
2024. (a) The board may select and contract with necessary medical
consultants who are licensed physicians and surgeons to assist it in
its programs. Subject to Section 19130 of the Government Code, the
board may contract with these consultants on a sole source basis.
(b) Every consultant retained under this section for a given
investigation of a licensee shall be a specialist, as defined in
subparagraph (B) of paragraph (5) of subdivision (h) of Section 651.
2025. The board through its regular mailing shall notify all
licensees of the existence of pain management guidelines published by
the Agency for Health Care Policy and Research of the Public Health
Service within the United States Department of Health and Human
Services, and shall provide the published guidelines to licensees
upon request.
2027. (a) The board shall post on the Internet the following
information in its possession, custody, or control regarding licensed
physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the Medical Board of
California unless an appeal of that decision is pending.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason. The posting shall also
provide a link to any additional explanatory or exculpatory
information submitted electronically by the licensee pursuant to
subdivision (f) of Section 805.
(7) Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
(8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
(9) Any information required to be disclosed pursuant to Section
803.1.
(b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003. Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
(2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site.
(3) Notwithstanding paragraph (2) and except as provided in
paragraph (4), if a licensee's hospital staff privileges are restored
and the licensee notifies the board of the restoration, the
information pertaining to the termination or revocation of those
privileges, as described in paragraph (6) of subdivision (a), shall
remain posted for a period of 10 years from the restoration date of
the privileges, and at the end of that period shall be removed from
being posted on the board's Internet Web site.
(4) Notwithstanding paragraph (2), if a court finds, in a final
judgment, that peer review resulting in a hospital disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding, the information concerning that hospital
disciplinary action posted pursuant to paragraph (6) of subdivision
(a) shall be immediately removed from the board's Internet Web site.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(c) The board shall also post on the Internet a factsheet that
explains and provides information on the reporting requirements under
Section 805.
(d) The board shall provide links to other Web sites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
2028. (a) The Medical Board of California shall consult with the
California State Board of Pharmacy and commission a study and report
its results to the Legislature on or before January 1, 2003, on the
electronic transmission of prescriptions by physicians and surgeons.
(b) This report shall include recommendations on the following
matters:
(1) Whether the electronic transmission of prescriptions should be
encouraged.
(2) Methods to encourage physicians and surgeons, health care
providers specified in subdivision (a) of Section 4024, and persons
licensed to prescribe in another state who meet the requirements
described in subdivision (b) of Section 4005 to issue prescriptions
by electronic transmission.
(3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, health
care providers specified in subdivision (a) of Section 4024, and
persons licensed to prescribe in another state who meet the
requirements described in subdivision (b) of Section 4005 to use when
transmitting prescriptions electronically.
(c) "Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, health care provider
specified in subdivision (a) of Section 4024, or person licensed to
prescribe in another state who meets the requirements described in
subdivision (b) of Section 4005 who is transmitting the prescription
electronically.
2028.5. (a) The board may establish a pilot program to expand the
practice of telemedicine in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telemedicine model, to deliver throughout the state health
care to persons with chronic diseases as well as information on the
best practices for chronic disease management services and techniques
and other health care information as deemed appropriate.
(d) The board shall make a report with its recommendations
regarding its findings to the Legislature within one calendar year of
the commencement date of the pilot program. The report shall include
an evaluation of the improvement and affordability of health care
services and the reduction in the number of complications achieved by
the pilot program.
2029. The board shall keep a copy of a complaint it receives
regarding the poor quality of care rendered by a licensee for 10
years from the date the board receives the complaint. For retrieval
purposes, these complaints shall be filed by the licensee's name and
license number.
2000. This chapter shall be known and may be cited as the Medical
Practice Act. Whenever a reference is made to the Medical Practice
Act by the provisions of any statute, it is to be construed as
referring to the provisions of this chapter.
2001. (a) There is in the Department of Consumer Affairs a Medical
Board of California that consists of 15 members, seven of whom shall
be public members.
(b) The Governor shall appoint 13 members to the board, subject to
confirmation by the Senate, five of whom shall be public members.
The Senate Committee on Rules and the Speaker of the Assembly shall
each appoint a public member.
(c) Notwithstanding any other provision of law, to reduce the
membership of the board to 15, the following shall occur:
(1) Two positions on the board that are public members having a
term that expires on June 1, 2010, shall terminate instead on January
1, 2008.
(2) Two positions on the board that are not public members having
a term that expires on June 1, 2008, shall terminate instead on
August 1, 2008.
(3) Two positions on the board that are not public members having
a term that expires on June 1, 2011, shall terminate instead on
January 1, 2008.
(d) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).
2001.1. Protection of the public shall be the highest priority for
the Medical Board of California in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
2002. Unless otherwise expressly provided, the term "board" as used
in this chapter means the Medical Board of California. As used in
this chapter or any other provision of law, "Division of Medical
Quality" and "Division of Licensing" shall be deemed to refer to the
board.
2004. The board shall have the responsibility for the following:
(a) The enforcement of the disciplinary and criminal provisions of
the Medical Practice Act.
(b) The administration and hearing of disciplinary actions.
(c) Carrying out disciplinary actions appropriate to findings made
by a panel or an administrative law judge.
(d) Suspending, revoking, or otherwise limiting certificates after
the conclusion of disciplinary actions.
(e) Reviewing the quality of medical practice carried out by
physician and surgeon certificate holders under the jurisdiction of
the board.
(f) Approving undergraduate and graduate medical education
programs.
(g) Approving clinical clerkship and special programs and
hospitals for the programs in subdivision (f).
(h) Issuing licenses and certificates under the board's
jurisdiction.
(i) Administering the board's continuing medical education
program.
2006. (a) Any reference in this chapter to an investigation by the
board shall be deemed to refer to a joint investigation conducted by
employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
2007. Members of the board shall only be appointed from persons who
have been citizens of this state for at least five years next
preceding their appointment. Members of the board, except the public
members, shall only be appointed from persons licensed as physicians
and surgeons in this state. No person who in any manner owns any
interest in any college, school, or institution engaged in medical
instruction shall be appointed to the board. Four of the physician
members of the board shall hold faculty appointments in a clinical
department of an approved medical school in the state, but not more
than four members of the board may hold full-time appointments to the
faculties of such medical schools.
The public members shall not be licentiates of the board.
2008. The board may appoint panels from its members for the purpose
of fulfilling the obligations established in subdivision (c) of
Section 2004. Any panel appointed under this section shall at no time
be comprised of less than four members and the number of public
members assigned to the panel shall not exceed the number of licensed
physician and surgeon members assigned to the panel. The president
of the board shall not be a member of any panel unless there is a
vacancy in the membership of the board. Each panel shall annually
elect a chair and a vice chair.
2010. Each member of the board shall be appointed for a term of
four years.
Vacancies occuring on the board shall be filled by appointment of
the appointing power for the unexpired term.
2011. The appointing power may remove any member of the board for
neglect of duty required by this chapter, incompetency, or
unprofessional conduct.
2012. The board shall elect a president, a vice president, and a
secretary from its members.
2013. (a) The board and a panel appointed under this chapter may
convene from time to time as deemed necessary by the board.
(b) Four members of a panel of the board shall constitute a quorum
for the transaction of business at any meeting of the panel. Eight
members shall constitute a quorum for the transaction of business at
any board meeting.
(c) It shall require the affirmative vote of a majority of those
members present at a board or panel meeting, those members
constituting at least a quorum, to pass any motion, resolution, or
measure. A decision by a panel to discipline a physician and surgeon
shall require an affirmative vote, at a meeting or by mail, of a
majority of the members of that panel; except that a decision to
revoke the certificate of a physician and surgeon shall require the
affirmative vote of four members of that panel.
2014. Notice of each meeting of the board shall be given in
accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
2015. The president of the board may call meetings of any duly
appointed and created committee or panel of the board at a specified
time and place.
2015.5. The board may establish advisory committees consisting of
persons who have a physician's and surgeon's certificate issued by
the board that is in good standing and members of the public with
interest or knowledge of the subject matter assigned to the
committee. Members of an advisory committee need not be members of
the board.
2016. Each member of the board and its committees shall receive per
diem and travel expenses as provided in Section 103.
2017. The board and each committee or panel shall keep an official
record of all their proceedings.
2018. The board may adopt, amend, or repeal, in accordance with the
provisions of the Administrative Procedure Act, those regulations as
may be necessary to enable it to carry into effect the provisions of
law relating to the practice of medicine.
2019. The office of the board shall be in the City of Sacramento.
Suboffices may be established in the Cities of Los Angeles, San
Diego, and San Francisco or the environs of such cities. Legal
proceedings against the board shall be instituted in any one of these
four cities. The board may also establish other suboffices as it may
deem necessary and such records as may be necessary may be
transferred temporarily to any suboffices.
2020. (a) The board may employ an executive director exempt from
the provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry this chapter into
effect. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
(b) The Attorney General shall act as legal counsel for the board
for any judicial and administrative proceedings and his or her
services shall be a charge against it.
(c) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
2021. (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
(b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address. If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address. If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
(c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
2022. The directory shall be prima facie evidence of the authority
of the persons named therein to practice under this act, unless such
authority has been revoked, suspended, or otherwise limited pursuant
to this chapter subsequent to the publication of the directory.
2023. (a) The board, in conjunction with the Health Professions
Education Foundation, shall study the issue of its providing medical
malpractice insurance to physicians and surgeons who provide
voluntary, unpaid services as described in subdivision (b) of Section
2083, and report its findings to the Legislature on or before
January 1, 2008.
(b) The report shall include, but not be limited to, a discussion
of the following items:
(1) The cost of administering a program to provide medical
malpractice insurance to the physicians and surgeons and the process
for administering the program.
(2) The options for providing medical malpractice insurance to the
physicians and surgeons and for funding the coverage.
(3) Whether the licensure surcharge fee assessed under Section
2436.5 is sufficient to fund the provision of medical malpractice
insurance for the physicians and surgeons.
(c) This section shall be implemented only after the Legislature
has made an appropriation from the Contingent Fund of the Medical
Board of California to fund the study.
2023.5. (a) The board, in conjunction with the Board of Registered
Nursing, and in consultation with the Physician Assistant Committee
and professionals in the field, shall review issues and problems
surrounding the use of laser or intense light pulse devices for
elective cosmetic procedures by physicians and surgeons, nurses, and
physician assistants. The review shall include, but need not be
limited to, all of the following:
(1) The appropriate level of physician supervision needed.
(2) The appropriate level of training to ensure competency.
(3) Guidelines for standardized procedures and protocols that
address, at a minimum, all of the following:
(A) Patient selection.
(B) Patient education, instruction, and informed consent.
(C) Use of topical agents.
(D) Procedures to be followed in the event of complications or
side effects from the treatment.
(E) Procedures governing emergency and urgent care situations.
(b) On or before January 1, 2009, the board and the Board of
Registered Nursing shall promulgate regulations to implement changes
determined to be necessary with regard to the use of laser or intense
pulse light devices for elective cosmetic procedures by physicians
and surgeons, nurses, and physician assistants.
2024. (a) The board may select and contract with necessary medical
consultants who are licensed physicians and surgeons to assist it in
its programs. Subject to Section 19130 of the Government Code, the
board may contract with these consultants on a sole source basis.
(b) Every consultant retained under this section for a given
investigation of a licensee shall be a specialist, as defined in
subparagraph (B) of paragraph (5) of subdivision (h) of Section 651.
2025. The board through its regular mailing shall notify all
licensees of the existence of pain management guidelines published by
the Agency for Health Care Policy and Research of the Public Health
Service within the United States Department of Health and Human
Services, and shall provide the published guidelines to licensees
upon request.
2027. (a) The board shall post on the Internet the following
information in its possession, custody, or control regarding licensed
physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the Medical Board of
California unless an appeal of that decision is pending.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason. The posting shall also
provide a link to any additional explanatory or exculpatory
information submitted electronically by the licensee pursuant to
subdivision (f) of Section 805.
(7) Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
(8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
(9) Any information required to be disclosed pursuant to Section
803.1.
(b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003. Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
(2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site.
(3) Notwithstanding paragraph (2) and except as provided in
paragraph (4), if a licensee's hospital staff privileges are restored
and the licensee notifies the board of the restoration, the
information pertaining to the termination or revocation of those
privileges, as described in paragraph (6) of subdivision (a), shall
remain posted for a period of 10 years from the restoration date of
the privileges, and at the end of that period shall be removed from
being posted on the board's Internet Web site.
(4) Notwithstanding paragraph (2), if a court finds, in a final
judgment, that peer review resulting in a hospital disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding, the information concerning that hospital
disciplinary action posted pursuant to paragraph (6) of subdivision
(a) shall be immediately removed from the board's Internet Web site.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(c) The board shall also post on the Internet a factsheet that
explains and provides information on the reporting requirements under
Section 805.
(d) The board shall provide links to other Web sites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
2028. (a) The Medical Board of California shall consult with the
California State Board of Pharmacy and commission a study and report
its results to the Legislature on or before January 1, 2003, on the
electronic transmission of prescriptions by physicians and surgeons.
(b) This report shall include recommendations on the following
matters:
(1) Whether the electronic transmission of prescriptions should be
encouraged.
(2) Methods to encourage physicians and surgeons, health care
providers specified in subdivision (a) of Section 4024, and persons
licensed to prescribe in another state who meet the requirements
described in subdivision (b) of Section 4005 to issue prescriptions
by electronic transmission.
(3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, health
care providers specified in subdivision (a) of Section 4024, and
persons licensed to prescribe in another state who meet the
requirements described in subdivision (b) of Section 4005 to use when
transmitting prescriptions electronically.
(c) "Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, health care provider
specified in subdivision (a) of Section 4024, or person licensed to
prescribe in another state who meets the requirements described in
subdivision (b) of Section 4005 who is transmitting the prescription
electronically.
2028.5. (a) The board may establish a pilot program to expand the
practice of telemedicine in this state.
(b) To implement this pilot program, the board may convene a
working group of interested parties from the public and private
sectors, including, but not limited to, state health-related
agencies, health care providers, health plan administrators,
information technology groups, and groups representing health care
consumers.
(c) The purpose of the pilot program shall be to develop methods,
using a telemedicine model, to deliver throughout the state health
care to persons with chronic diseases as well as information on the
best practices for chronic disease management services and techniques
and other health care information as deemed appropriate.
(d) The board shall make a report with its recommendations
regarding its findings to the Legislature within one calendar year of
the commencement date of the pilot program. The report shall include
an evaluation of the improvement and affordability of health care
services and the reduction in the number of complications achieved by
the pilot program.
2029. The board shall keep a copy of a complaint it receives
regarding the poor quality of care rendered by a licensee for 10
years from the date the board receives the complaint. For retrieval
purposes, these complaints shall be filed by the licensee's name and
license number.
