4999. (a) Any business entity that employs, or contracts or
subcontracts, directly or indirectly, with, the full-time equivalent
of five or more persons functioning as health care professionals,
whose primary function is to provide telephone medical advice, that
provides telephone medical advice services to a patient at a
California address shall be registered with the Telephone Medical
Advice Services Bureau.
(b) A medical group that operates in multiple locations in
California shall not be required to register pursuant to this section
if no more than five full-time equivalent persons at any one
location perform telephone medical advice services and those persons
limit the telephone medical advice services to patients being treated
at that location.
(c) Protection of the public shall be the highest priority for the
bureau in exercising its registration, 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.
4999.1. Application for registration as an in-state or out-of-state
telephone medical advice service shall be made on a form prescribed
by the department, accompanied by the fee prescribed pursuant to
Section 4999.5. The department shall make application forms
available. Applications shall contain all of the following:
(a) The signature of the individual owner of the in-state or
out-of-state telephone medical advice service, or of all of the
partners if the service is a partnership, or of the president or
secretary if the service is a corporation. The signature shall be
accompanied by a resolution or other written communication
identifying the individual whose signature is on the form as owner,
partner, president, or secretary.
(b) The name under which the person applying for the in-state or
out-of-state telephone medical advice service proposes to do
business.
(c) The physical address, mailing address, and telephone number of
the business entity.
(d) The designation, including the name and physical address, of
an agent for service of process in California.
(e) A list of all in-state or out-of-state staff providing
telephone medical advice services that are required to be licensed,
registered, or certified pursuant to this chapter. This list shall be
submitted to the department on a quarterly basis on a form to be
prescribed by the department and shall include, but not be limited
to, the name, address, state of licensure, category of license, and
license number.
(f) The department shall be notified within 30 days of any change
of name, physical location, mailing address, or telephone number of
any business, owner, partner, corporate officer, or agent for service
of process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist, dental
hygienist, dental hygienist in alternative practice, or dental
hygienist in extended functions pursuant to Chapter 4 (commencing
with Section 1600), as an occupational therapist pursuant to Chapter
5.6 (commencing with Section 2570), as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700), as a psychologist pursuant
to Chapter 6.6 (commencing with Section 2900), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991), as an optometrist pursuant to Chapter
7 (commencing with Section 3000), or as a chiropractor pursuant to
the Chiropractic Initiative Act, and operating consistent with the
laws governing their respective scopes of practice in the state
within which they provide telephone medical advice services, except
as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless the staff member is a licensed, certified, or registered
professional.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
4999.3. (a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as an
in-state or out-of-state telephone medical advice service based on
any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud by the registrant or any
employee of the registrant.
(3) The commission of any act, or being convicted of a crime, that
constitutes grounds for denial or revocation of licensure pursuant
to any provision of this division.
(b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the department shall have all powers
granted therein.
(c) Copies of any complaint against an in-state or out-of-state
telephone medical advice service shall be forwarded to the Department
of Managed Care.
(d) The department shall forward a copy of any complaint submitted
to the department pursuant to this chapter to the entity that issued
the license to the licensee involved in the advice provided to the
patient.
4999.4. (a) Every registration issued to a telephone medical advice
service shall expire 24 months after the initial date of issuance.
(b) To renew an unexpired registration, the registrant shall,
before the time at which the license registration would otherwise
expire, apply for renewal on a form prescribed by the bureau, and pay
the renewal fee authorized by Section 4999.5.
(c) A registration that is not renewed within three years
following its expiration shall not be renewed, restored, or
reinstated thereafter, and the delinquent registration shall be
canceled immediately upon expiration of the three-year period. An
expired registration may be renewed at any time within three years
after its expiration upon the filing of an application for renewal on
a form prescribed by the bureau and the payment of all fees
authorized by Section 4999.5.
4999.5. The department may set fees for registration, as an
in-state or out-of-state telephone medical advice service sufficient
to pay the costs of administration of this chapter.
4999.6. The department may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.
A telephone medical advice services provider who provides telephone
medical advice to a significant total number of charity or medically
indigent patients may, at the discretion of the director, be exempt
from the fee requirements imposed by this chapter. However, those
providers shall comply with all other provisions of this chapter.
4999.7. (a) This section does not limit, preclude, or otherwise
interfere with the practices of other persons licensed or otherwise
authorized to practice, under any other provision of this division,
telephone medical advice services consistent with the laws governing
their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For purposes of this chapter, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For purposes of this chapter, "health care professional" is a
staff person described in Section 4999.2 who provides medical advice
services and is appropriately licensed, certified, or registered as a
dentist, dental hygienist, dental hygienist in alternative practice,
or dental hygienist in extended functions pursuant to Chapter 4
(commencing with Section 1600), as a physician and surgeon pursuant
to Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act, as a registered nurse pursuant to Chapter 6
(commencing with Section 2700), as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), as a marriage and family
therapist pursuant to Chapter 13 (commencing with Section 4980), as a
licensed clinical social worker pursuant to Chapter 14 (commencing
with Section 4991), or as a chiropractor pursuant to the Chiropractic
Initiative Act, and who is operating consistent with the laws
governing his or her respective scopes of practice in the state in
which he or she provides telephone medical advice services.
4999. (a) Any business entity that employs, or contracts or
subcontracts, directly or indirectly, with, the full-time equivalent
of five or more persons functioning as health care professionals,
whose primary function is to provide telephone medical advice, that
provides telephone medical advice services to a patient at a
California address shall be registered with the Telephone Medical
Advice Services Bureau.
(b) A medical group that operates in multiple locations in
California shall not be required to register pursuant to this section
if no more than five full-time equivalent persons at any one
location perform telephone medical advice services and those persons
limit the telephone medical advice services to patients being treated
at that location.
(c) Protection of the public shall be the highest priority for the
bureau in exercising its registration, 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.
4999.1. Application for registration as an in-state or out-of-state
telephone medical advice service shall be made on a form prescribed
by the department, accompanied by the fee prescribed pursuant to
Section 4999.5. The department shall make application forms
available. Applications shall contain all of the following:
(a) The signature of the individual owner of the in-state or
out-of-state telephone medical advice service, or of all of the
partners if the service is a partnership, or of the president or
secretary if the service is a corporation. The signature shall be
accompanied by a resolution or other written communication
identifying the individual whose signature is on the form as owner,
partner, president, or secretary.
(b) The name under which the person applying for the in-state or
out-of-state telephone medical advice service proposes to do
business.
(c) The physical address, mailing address, and telephone number of
the business entity.
(d) The designation, including the name and physical address, of
an agent for service of process in California.
(e) A list of all in-state or out-of-state staff providing
telephone medical advice services that are required to be licensed,
registered, or certified pursuant to this chapter. This list shall be
submitted to the department on a quarterly basis on a form to be
prescribed by the department and shall include, but not be limited
to, the name, address, state of licensure, category of license, and
license number.
(f) The department shall be notified within 30 days of any change
of name, physical location, mailing address, or telephone number of
any business, owner, partner, corporate officer, or agent for service
of process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist, dental
hygienist, dental hygienist in alternative practice, or dental
hygienist in extended functions pursuant to Chapter 4 (commencing
with Section 1600), as an occupational therapist pursuant to Chapter
5.6 (commencing with Section 2570), as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700), as a psychologist pursuant
to Chapter 6.6 (commencing with Section 2900), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991), as an optometrist pursuant to Chapter
7 (commencing with Section 3000), or as a chiropractor pursuant to
the Chiropractic Initiative Act, and operating consistent with the
laws governing their respective scopes of practice in the state
within which they provide telephone medical advice services, except
as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless the staff member is a licensed, certified, or registered
professional.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
4999.3. (a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as an
in-state or out-of-state telephone medical advice service based on
any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud by the registrant or any
employee of the registrant.
(3) The commission of any act, or being convicted of a crime, that
constitutes grounds for denial or revocation of licensure pursuant
to any provision of this division.
(b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the department shall have all powers
granted therein.
(c) Copies of any complaint against an in-state or out-of-state
telephone medical advice service shall be forwarded to the Department
of Managed Care.
(d) The department shall forward a copy of any complaint submitted
to the department pursuant to this chapter to the entity that issued
the license to the licensee involved in the advice provided to the
patient.
4999.4. (a) Every registration issued to a telephone medical advice
service shall expire 24 months after the initial date of issuance.
(b) To renew an unexpired registration, the registrant shall,
before the time at which the license registration would otherwise
expire, apply for renewal on a form prescribed by the bureau, and pay
the renewal fee authorized by Section 4999.5.
(c) A registration that is not renewed within three years
following its expiration shall not be renewed, restored, or
reinstated thereafter, and the delinquent registration shall be
canceled immediately upon expiration of the three-year period. An
expired registration may be renewed at any time within three years
after its expiration upon the filing of an application for renewal on
a form prescribed by the bureau and the payment of all fees
authorized by Section 4999.5.
4999.5. The department may set fees for registration, as an
in-state or out-of-state telephone medical advice service sufficient
to pay the costs of administration of this chapter.
4999.6. The department may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.
A telephone medical advice services provider who provides telephone
medical advice to a significant total number of charity or medically
indigent patients may, at the discretion of the director, be exempt
from the fee requirements imposed by this chapter. However, those
providers shall comply with all other provisions of this chapter.
4999.7. (a) This section does not limit, preclude, or otherwise
interfere with the practices of other persons licensed or otherwise
authorized to practice, under any other provision of this division,
telephone medical advice services consistent with the laws governing
their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For purposes of this chapter, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For purposes of this chapter, "health care professional" is a
staff person described in Section 4999.2 who provides medical advice
services and is appropriately licensed, certified, or registered as a
dentist, dental hygienist, dental hygienist in alternative practice,
or dental hygienist in extended functions pursuant to Chapter 4
(commencing with Section 1600), as a physician and surgeon pursuant
to Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act, as a registered nurse pursuant to Chapter 6
(commencing with Section 2700), as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), as a marriage and family
therapist pursuant to Chapter 13 (commencing with Section 4980), as a
licensed clinical social worker pursuant to Chapter 14 (commencing
with Section 4991), or as a chiropractor pursuant to the Chiropractic
Initiative Act, and who is operating consistent with the laws
governing his or her respective scopes of practice in the state in
which he or she provides telephone medical advice services.
4999. (a) Any business entity that employs, or contracts or
subcontracts, directly or indirectly, with, the full-time equivalent
of five or more persons functioning as health care professionals,
whose primary function is to provide telephone medical advice, that
provides telephone medical advice services to a patient at a
California address shall be registered with the Telephone Medical
Advice Services Bureau.
(b) A medical group that operates in multiple locations in
California shall not be required to register pursuant to this section
if no more than five full-time equivalent persons at any one
location perform telephone medical advice services and those persons
limit the telephone medical advice services to patients being treated
at that location.
(c) Protection of the public shall be the highest priority for the
bureau in exercising its registration, 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.
4999.1. Application for registration as an in-state or out-of-state
telephone medical advice service shall be made on a form prescribed
by the department, accompanied by the fee prescribed pursuant to
Section 4999.5. The department shall make application forms
available. Applications shall contain all of the following:
(a) The signature of the individual owner of the in-state or
out-of-state telephone medical advice service, or of all of the
partners if the service is a partnership, or of the president or
secretary if the service is a corporation. The signature shall be
accompanied by a resolution or other written communication
identifying the individual whose signature is on the form as owner,
partner, president, or secretary.
(b) The name under which the person applying for the in-state or
out-of-state telephone medical advice service proposes to do
business.
(c) The physical address, mailing address, and telephone number of
the business entity.
(d) The designation, including the name and physical address, of
an agent for service of process in California.
(e) A list of all in-state or out-of-state staff providing
telephone medical advice services that are required to be licensed,
registered, or certified pursuant to this chapter. This list shall be
submitted to the department on a quarterly basis on a form to be
prescribed by the department and shall include, but not be limited
to, the name, address, state of licensure, category of license, and
license number.
(f) The department shall be notified within 30 days of any change
of name, physical location, mailing address, or telephone number of
any business, owner, partner, corporate officer, or agent for service
of process in California, together with copies of all resolutions or
other written communications that substantiate these changes.
4999.2. (a) In order to obtain and maintain a registration,
in-state or out-of-state telephone medical advice services shall
comply with the requirements established by the department. Those
requirements shall include, but shall not be limited to, all of the
following:
(1) (A) Ensuring that all staff who provide medical advice
services are appropriately licensed, certified, or registered as a
physician and surgeon pursuant to Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act, as a dentist, dental
hygienist, dental hygienist in alternative practice, or dental
hygienist in extended functions pursuant to Chapter 4 (commencing
with Section 1600), as an occupational therapist pursuant to Chapter
5.6 (commencing with Section 2570), as a registered nurse pursuant to
Chapter 6 (commencing with Section 2700), as a psychologist pursuant
to Chapter 6.6 (commencing with Section 2900), as a marriage and
family therapist pursuant to Chapter 13 (commencing with Section
4980), as a licensed clinical social worker pursuant to Chapter 14
(commencing with Section 4991), as an optometrist pursuant to Chapter
7 (commencing with Section 3000), or as a chiropractor pursuant to
the Chiropractic Initiative Act, and operating consistent with the
laws governing their respective scopes of practice in the state
within which they provide telephone medical advice services, except
as provided in paragraph (2).
(B) Ensuring that all staff who provide telephone medical advice
services from an out-of-state location are health care professionals,
as identified in subparagraph (A), who are licensed, registered, or
certified in the state within which they are providing the telephone
medical advice services and are operating consistent with the laws
governing their respective scopes of practice.
(2) Ensuring that the telephone medical advice provided is
consistent with good professional practice.
(3) Maintaining records of telephone medical advice services,
including records of complaints, provided to patients in California
for a period of at least five years.
(4) Ensuring that no staff member uses a title or designation when
speaking to an enrollee or subscriber that may cause a reasonable
person to believe that the staff member is a licensed, certified, or
registered professional described in subparagraph (A) of paragraph
(1), unless the staff member is a licensed, certified, or registered
professional.
(5) Complying with all directions and requests for information
made by the department.
(b) To the extent permitted by Article VII of the California
Constitution, the department may contract with a private nonprofit
accrediting agency to evaluate the qualifications of applicants for
registration pursuant to this chapter and to make recommendations to
the department.
4999.3. (a) The department may suspend, revoke, or otherwise
discipline a registrant or deny an application for registration as an
in-state or out-of-state telephone medical advice service based on
any of the following:
(1) Incompetence, gross negligence, or repeated similar negligent
acts performed by the registrant or any employee of the registrant.
(2) An act of dishonesty or fraud by the registrant or any
employee of the registrant.
(3) The commission of any act, or being convicted of a crime, that
constitutes grounds for denial or revocation of licensure pursuant
to any provision of this division.
(b) The proceedings shall be conducted in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
of the Government Code, and the department shall have all powers
granted therein.
(c) Copies of any complaint against an in-state or out-of-state
telephone medical advice service shall be forwarded to the Department
of Managed Care.
(d) The department shall forward a copy of any complaint submitted
to the department pursuant to this chapter to the entity that issued
the license to the licensee involved in the advice provided to the
patient.
4999.4. (a) Every registration issued to a telephone medical advice
service shall expire 24 months after the initial date of issuance.
(b) To renew an unexpired registration, the registrant shall,
before the time at which the license registration would otherwise
expire, apply for renewal on a form prescribed by the bureau, and pay
the renewal fee authorized by Section 4999.5.
(c) A registration that is not renewed within three years
following its expiration shall not be renewed, restored, or
reinstated thereafter, and the delinquent registration shall be
canceled immediately upon expiration of the three-year period. An
expired registration may be renewed at any time within three years
after its expiration upon the filing of an application for renewal on
a form prescribed by the bureau and the payment of all fees
authorized by Section 4999.5.
4999.5. The department may set fees for registration, as an
in-state or out-of-state telephone medical advice service sufficient
to pay the costs of administration of this chapter.
4999.6. The department may adopt, amend, or repeal any rules and
regulations that are reasonably necessary to carry out this chapter.
A telephone medical advice services provider who provides telephone
medical advice to a significant total number of charity or medically
indigent patients may, at the discretion of the director, be exempt
from the fee requirements imposed by this chapter. However, those
providers shall comply with all other provisions of this chapter.
4999.7. (a) This section does not limit, preclude, or otherwise
interfere with the practices of other persons licensed or otherwise
authorized to practice, under any other provision of this division,
telephone medical advice services consistent with the laws governing
their respective scopes of practice, or licensed under the
Osteopathic Initiative Act or the Chiropractic Initiative Act and
operating consistent with the laws governing their respective scopes
of practice.
(b) For purposes of this chapter, "telephone medical advice" means
a telephonic communication between a patient and a health care
professional in which the health care professional's primary function
is to provide to the patient a telephonic response to the patient's
questions regarding his or her or a family member's medical care or
treatment. "Telephone medical advice" includes assessment,
evaluation, or advice provided to patients or their family members.
(c) For purposes of this chapter, "health care professional" is a
staff person described in Section 4999.2 who provides medical advice
services and is appropriately licensed, certified, or registered as a
dentist, dental hygienist, dental hygienist in alternative practice,
or dental hygienist in extended functions pursuant to Chapter 4
(commencing with Section 1600), as a physician and surgeon pursuant
to Chapter 5 (commencing with Section 2000) or the Osteopathic
Initiative Act, as a registered nurse pursuant to Chapter 6
(commencing with Section 2700), as a psychologist pursuant to Chapter
6.6 (commencing with Section 2900), as an optometrist pursuant to
Chapter 7 (commencing with Section 3000), as a marriage and family
therapist pursuant to Chapter 13 (commencing with Section 4980), as a
licensed clinical social worker pursuant to Chapter 14 (commencing
with Section 4991), or as a chiropractor pursuant to the Chiropractic
Initiative Act, and who is operating consistent with the laws
governing his or her respective scopes of practice in the state in
which he or she provides telephone medical advice services.
