800. (a) The Medical Board of California, the Board of Psychology,
the Dental Board of California, the Osteopathic Medical Board of
California, the State Board of Chiropractic Examiners, the Board of
Registered Nursing, the Board of Vocational Nursing and Psychiatric
Technicians, the State Board of Optometry, the Veterinary Medical
Board, the Board of Behavioral Sciences, the Physical Therapy Board
of California, the California State Board of Pharmacy, the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board, the California Board of Occupational Therapy, and the
Acupuncture Board shall each separately create and maintain a central
file of the names of all persons who hold a license, certificate, or
similar authority from that board. Each central file shall be
created and maintained to provide an individual historical record for
each licensee with respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(5) Information reported pursuant to Section 805.01, including any
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (b) of that section.
(b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the
board shall include in the central file.
Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
These disclosures shall effect no change in the confidential
status of these records.
801. (a) Except as provided in Section 801.01 and subdivisions (b),
(c), and (d) of this section, every insurer providing professional
liability insurance to a person who holds a license, certificate, or
similar authority from or under any agency mentioned in subdivision
(a) of Section 800 shall send a complete report to that agency as to
any settlement or arbitration award over three thousand dollars
($3,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or by his or her rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Sciences as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
(c) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
(d) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 11 (commencing with Section 4800) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within 30
days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(e) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), or (c)
has been sent to the agency. If the attorney has not received this
notice within 45 days after the settlement was reduced to writing and
signed by all of the parties, the arbitration award was served on
the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(f) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer. This
section shall only apply to a settlement on a policy of insurance
executed or renewed on or after January 1, 1971.
801.01. The Legislature finds and declares that the filing of
reports with the applicable state agencies required under this
section is essential for the protection of the public. It is the
intent of the Legislature that the reporting requirements set forth
in this section be interpreted broadly in order to expand reporting
obligations.
(a) A complete report shall be sent to the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine, with respect to a licensee of
the board as to the following:
(1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services.
(2) A settlement over thirty thousand dollars ($30,000), if the
settlement is based on the licensee's alleged negligence, error, or
omission in practice, or on the licensee's rendering of unauthorized
professional services, and a party to the settlement is a
corporation, medical group, partnership, or other corporate entity in
which the licensee has an ownership interest or that employs or
contracts with the licensee.
(b) The report shall be sent by the following:
(1) The insurer providing professional liability insurance to the
licensee.
(2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
(3) A state or local governmental agency that self-insures the
licensee. For purposes of this section "state governmental agency"
includes, but is not limited to, the University of California.
(c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
(d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
(e) The entity, person, or licensee required to report under
subdivision (b) shall notify the claimant or his or her counsel, if
he or she is represented by counsel, that the report has been sent to
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine. If the
claimant or his or her counsel has not received this notice within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
(f) Failure to substantially comply with this section is a public
offense punishable by a fine of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000).
(g) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
(2) The report shall be deemed complete only if it includes the
following information:
(A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
(B) The name and last known business and residential address of
every licensee who was alleged to have acted improperly, whether or
not that person was a named defendant in the action and whether or
not that person was required to pay any damages pursuant to the
settlement, arbitration award, or judgment.
(C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
(D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
(E) A description or summary of the facts of each claim, charge,
or allegation, including the date of occurrence and the licensee's
role in the care or professional services provided to the patient
with respect to those services at issue in the claim or action.
(F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
(G) The amount of the judgment, the date of its entry, and a copy
of the judgment; the amount of the arbitration award, the date of its
service on the parties, and a copy of the award document; or the
amount of the settlement and the date it was reduced to writing and
signed by all parties. If an otherwise reportable settlement is
entered into after a reportable judgment or arbitration award is
issued, the report shall include both the settlement and a copy of
the judgment or award.
(H) The specialty or subspecialty of the licensee who was the
subject of the claim or action.
(I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
(3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
(h) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
(i) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.
(j) (1) A state or local governmental agency that self-insures
licensees shall, prior to sending a report pursuant to this section,
do all of the following with respect to each licensee who will be
identified in the report:
(A) Before deciding that a licensee will be identified, provide
written notice to the licensee that the agency intends to submit a
report in which the licensee may be identified, based on his or her
role in the care or professional services provided to the patient
that were at issue in the claim or action. This notice shall describe
the reasons for notifying the licensee. The agency shall include
with this notice a reasonable opportunity for the licensee to review
a copy of records to be used by the agency in deciding whether to
identify the licensee in the report.
(B) Provide the licensee with a reasonable opportunity to provide
a written response to the agency and written materials in support of
the licensee's position. If the licensee is identified in the report,
the agency shall include this response and materials in the report
submitted to a board under this section if requested by the licensee.
(C) At least 10 days prior to the expiration of the 30-day
reporting requirement under subdivision (d), provide the licensee
with the opportunity to present arguments to the body that will make
the final decision or to that body's designee. The body shall review
the care or professional services provided to the patient with
respect to those services at issue in the claim or action and
determine the licensee or licensees to be identified in the report
and the amount of the settlement to be apportioned to the licensee.
(2) Nothing in this subdivision shall be construed to modify
either the content of a report required under this section or the
timeframe for filing that report.
(k) For purposes of this section, "licensee" means a licensee of
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine.
801.1. (a) Every state or local governmental agency that self
insures a person who holds a license, certificate or similar
authority from or under any agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200) or Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act) shall send a complete report
to that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error or
omission in practice, or rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every state or local governmental agency that self-insures a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Science Examiners as to any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or personal injury caused
by that person's negligence, error, or omission in practice, or
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
802. (a) Every settlement, judgment, or arbitration award over
three thousand dollars ($3,000) of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a person who holds a license, certificate, or other similar
authority from an agency mentioned in subdivision (a) of Section 800
(except a person licensed pursuant to Chapter 3 (commencing with
Section 1200) or Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act) who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the licensee
or claimant (or, if represented by counsel, their counsel) to comply
with this section is a public offense punishable by a fine of not
less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section
or conspiracy or collusion not to comply with this section, or to
hinder or impede any other person in the compliance, is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
(b) Every settlement, judgment, or arbitration award over ten
thousand dollars ($10,000) of a claim or action for damages for death
or personal injury caused by negligence, error, or omission in
practice, or by the unauthorized rendering of professional services,
by a marriage and family therapist or clinical social worker licensed
pursuant to Chapter 13 (commencing with Section 4980) or Chapter 14
(commencing with Section 4990) who does not possess professional
liability insurance as to that claim shall within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if he or she is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if he
or she is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make a complete report. Failure of the marriage
and family therapist or clinical social worker or claimant (or, if
represented by counsel, their counsel) to comply with this section is
a public offense punishable by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or
collusion not to comply with this section or to hinder or impede any
other person in that compliance, is a public offense punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
fifty thousand dollars ($50,000).
802.1. (a) (1) A physician and surgeon, osteopathic physician and
surgeon, and a doctor of podiatric medicine shall report either of
the following to the entity that issued his or her license:
(A) The bringing of an indictment or information charging a felony
against the licensee.
(B) The conviction of the licensee, including any verdict of
guilty, or plea of guilty or no contest, of any felony or
misdemeanor.
(2) The report required by this subdivision shall be made in
writing within 30 days of the date of the bringing of the indictment
or information or of the conviction.
(b) Failure to make a report required by this section shall be a
public offense punishable by a fine not to exceed five thousand
dollars ($5,000).
802.5. (a) When a coroner receives information that is based on
findings that were reached by, or documented and approved by a
board-certified or board-eligible pathologist indicating that a death
may be the result of a physician's or podiatrist's gross negligence
or incompetence, a report shall be filed with the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine. The initial report shall
include the name of the decedent, date and place of death, attending
physicians or podiatrists, and all other relevant information
available. The initial report shall be followed, within 90 days, by
copies of the coroner's report, autopsy protocol, and all other
relevant information.
(b) The report required by this section shall be confidential. No
coroner, physician and surgeon, or medical examiner, nor any
authorized agent, shall be liable for damages in any civil action as
a result of his or her acting in compliance with this section. No
board-certified or board-eligible pathologist, nor any authorized
agent, shall be liable for damages in any civil action as a result of
his or her providing information under subdivision (a).
803. (a) Except as provided in subdivision (b), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Sciences or from an agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200)) has committed a crime, or is liable
for any death or personal injury resulting in a judgment for an
amount in excess of thirty thousand dollars ($30,000) caused by his
or her negligence, error or omission in practice, or his or her
rendering unauthorized professional services, the clerk of the court
that rendered the judgment shall report that fact to the agency that
issued the license, certificate, or other similar authority.
(b) For purposes of a physician and surgeon, osteopathic physician
and surgeon, or doctor of podiatric medicine, who is liable for any
death or personal injury resulting in a judgment of any amount caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court that rendered the judgment shall report that fact to the agency
that issued the license.
803.1. (a) Notwithstanding any other provision of law, the Medical
Board of California, the Osteopathic Medical Board of California, and
the California Board of Podiatric Medicine shall disclose to an
inquiring member of the public information regarding any enforcement
actions taken against a licensee, including a former licensee, by the
board or by another state or jurisdiction, including all of the
following:
(1) Temporary restraining orders issued.
(2) Interim suspension orders issued.
(3) Revocations, suspensions, probations, or limitations on
practice ordered by the board, including those made part of a
probationary order or stipulated agreement.
(4) Public letters of reprimand issued.
(5) Infractions, citations, or fines imposed.
(b) Notwithstanding any other provision of law, in addition to the
information provided in subdivision (a), the Medical Board of
California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public all of the following:
(1) Civil judgments in any amount, whether or not vacated by a
settlement after entry of the judgment, that were not reversed on
appeal and arbitration awards in any amount of a claim or action for
damages for death or personal injury caused by the physician and
surgeon's negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services.
(2) (A) All settlements in the possession, custody, or control of
the board shall be disclosed for a licensee in the low-risk category
if there are three or more settlements for that licensee within the
last 10 years, except for settlements by a licensee regardless of the
amount paid where (i) the settlement is made as a part of the
settlement of a class claim, (ii) the licensee paid in settlement of
the class claim the same amount as the other licensees in the same
class or similarly situated licensees in the same class, and (iii)
the settlement was paid in the context of a case where the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action. All settlements in
the possession, custody, or control of the board shall be disclosed
for a licensee in the high-risk category if there are four or more
settlements for that licensee within the last 10 years except for
settlements by a licensee regardless of the amount paid where (i) the
settlement is made as a part of the settlement of a class claim,
(ii) the licensee paid in settlement of the class claim the same
amount as the other licensees in the same class or similarly situated
licensees in the same class, and (iii) the settlement was paid in
the context of a case where the complaint that alleged class
liability on behalf of the licensee also alleged a products liability
class action cause of action. Classification of a licensee in either
a "high-risk category" or a "low-risk category" depends upon the
specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the Medical
Board of California, as described in subdivision (f). For the
purposes of this paragraph, "settlement" means a settlement of an
action described in paragraph (1) entered into by the licensee on or
after January 1, 2003, in an amount of thirty thousand dollars
($30,000) or more.
(B) The board shall not disclose the actual dollar amount of a
settlement but shall put the number and amount of the settlement in
context by doing the following:
(i) Comparing the settlement amount to the experience of other
licensees within the same specialty or subspecialty, indicating if it
is below average, average, or above average for the most recent
10-year period.
(ii) Reporting the number of years the licensee has been in
practice.
(iii) Reporting the total number of licensees in that specialty or
subspecialty, the number of those who have entered into a settlement
agreement, and the percentage that number represents of the total
number of licensees in the specialty or subspecialty.
(3) Current American Board of Medical Specialty certification or
board equivalent as certified by the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine.
(4) Approved postgraduate training.
(5) Status of the license of a licensee. By January 1, 2004, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
adopt regulations defining the status of a licensee. The board shall
employ this definition when disclosing the status of a licensee
pursuant to Section 2027.
(6) Any summaries of hospital disciplinary actions that result in
the termination or revocation of a licensee's staff privileges for
medical disciplinary cause or reason, unless a court finds, in a
final judgment, that the peer review resulting in the disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding. In addition, any exculpatory or explanatory
statements submitted by the licentiate electronically pursuant to
subdivision (f) of that section shall be disclosed. For purposes of
this paragraph, "peer review" has the same meaning as defined in
Section 805.
(c) Notwithstanding any other provision of law, the Medical Board
of California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public information received regarding felony
convictions of a physician and surgeon or doctor of podiatric
medicine.
(d) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine may
formulate appropriate disclaimers or explanatory statements to be
included with any information released, and may by regulation
establish categories of information that need not be disclosed to an
inquiring member of the public because that information is unreliable
or not sufficiently related to the licensee's professional practice.
The Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
include the following statement when disclosing information
concerning a settlement:
"Some studies have shown that there is no significant correlation
between malpractice history and a doctor's competence. At the same
time, the State of California believes that consumers should have
access to malpractice information. In these profiles, the State of
California has given you information about both the malpractice
settlement history for the doctor's specialty and the doctor's
history of settlement payments only if in the last 10 years, the
doctor, if in a low-risk specialty, has three or more settlements or
the doctor, if in a high-risk specialty, has four or more
settlements. The State of California has excluded some class action
lawsuits because those cases are commonly related to systems issues
such as product liability, rather than questions of individual
professional competence and because they are brought on a class basis
where the economic incentive for settlement is great. The State of
California has placed payment amounts into three statistical
categories: below average, average, and above average compared to
others in the doctor's specialty. To make the best health care
decisions, you should view this information in perspective. You could
miss an opportunity for high-quality care by selecting a doctor
based solely on malpractice history.
When considering malpractice data, please keep in mind:
Malpractice histories tend to vary by specialty. Some specialties
are more likely than others to be the subject of litigation. This
report compares doctors only to the members of their specialty, not
to all doctors, in order to make an individual doctor's history more
meaningful.
This report reflects data only for settlements made on or after
January 1, 2003. Moreover, it includes information concerning those
settlements for a 10-year period only. Therefore, you should know
that a doctor may have made settlements in the 10 years immediately
preceding January 1, 2003, that are not included in this report.
After January 1, 2013, for doctors practicing less than 10 years, the
data covers their total years of practice. You should take into
account the effective date of settlement disclosure as well as how
long the doctor has been in practice when considering malpractice
averages.
The incident causing the malpractice claim may have happened years
before a payment is finally made. Sometimes, it takes a long time
for a malpractice lawsuit to settle. Some doctors work primarily with
high-risk patients. These doctors may have malpractice settlement
histories that are higher than average because they specialize in
cases or patients who are at very high risk for problems.
Settlement of a claim may occur for a variety of reasons that do
not necessarily reflect negatively on the professional competence or
conduct of the doctor. A payment in settlement of a medical
malpractice action or claim should not be construed as creating a
presumption that medical malpractice has occurred.
You may wish to discuss information in this report and the general
issue of malpractice with your doctor."
(e) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall,
by regulation, develop standard terminology that accurately
describes the different types of disciplinary filings and actions to
take against a licensee as described in paragraphs (1) to (5),
inclusive, of subdivision (a). In providing the public with
information about a licensee via the Internet pursuant to Section
2027, the Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
not use the terms "enforcement," "discipline," or similar language
implying a sanction unless the physician and surgeon has been the
subject of one of the actions described in paragraphs (1) to (5),
inclusive, of subdivision (a).
(f) The Medical Board of California shall adopt regulations no
later than July 1, 2003, designating each specialty and subspecialty
practice area as either high risk or low risk. In promulgating these
regulations, the board shall consult with commercial underwriters of
medical malpractice insurance companies, health care systems that
self-insure physicians and surgeons, and representatives of the
California medical specialty societies. The board shall utilize the
carriers' statewide data to establish the two risk categories and the
averages required by subparagraph (B) of paragraph (2) of
subdivision (b). Prior to issuing regulations, the board shall
convene public meetings with the medical malpractice carriers,
self-insurers, and specialty representatives.
(g) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
provide each licensee, including a former licensee under subdivision
(a), with a copy of the text of any proposed public disclosure
authorized by this section prior to release of the disclosure to the
public. The licensee shall have 10 working days from the date the
board provides the copy of the proposed public disclosure to propose
corrections of factual inaccuracies. Nothing in this section shall
prevent the board from disclosing information to the public prior to
the expiration of the 10-day period.
(h) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the specialty or subspecialty information required by this
section shall group physicians by specialty board recognized pursuant
to paragraph (5) of subdivision (h) of Section 651 unless a
different grouping would be more valid and the board, in its
statement of reasons for its regulations, explains why the validity
of the grouping would be more valid.
803.5. (a) The district attorney, city attorney, or other
prosecuting agency shall notify the Medical Board of California, the
Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Chiropractic Examiners, or
other appropriate allied health board, and the clerk of the court in
which the charges have been filed, of any filings against a licensee
of that board charging a felony immediately upon obtaining
information that the defendant is a licensee of the board. 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 from one of the boards described above.
(b) The clerk of the court in which a licensee of one of the
boards is convicted of a crime shall, within 48 hours after the
conviction, transmit a certified copy of the record of conviction to
the applicable board.
803.6. (a) The clerk of the court shall transmit any felony
preliminary hearing transcript concerning a defendant licensee to the
Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, or other
appropriate allied health board, as applicable, where the total
length of the transcript is under 800 pages and shall notify the
appropriate board of any proceeding where the transcript exceeds that
length.
(b) In any case where a probation report on a licensee is prepared
for a court pursuant to Section 1203 of the Penal Code, a copy of
that report shall be transmitted by the probation officer to the
board.
804. (a) Any agency to whom reports are to be sent under Section
801, 801.1, 802, or 803, may develop a prescribed form for the making
of the reports, usage of which it may, but need not, by regulation,
require in all cases.
(b) A report required to be made by Sections 801, 801.1, or 802
shall be deemed complete only if it includes the following
information: (1) the name and last known business and residential
addresses of every plaintiff or claimant involved in the matter,
whether or not each plaintiff or claimant recovered anything; (2) the
name and last known business and residential addresses of every
physician or provider of health care services who was claimed or
alleged to have acted improperly, whether or not that person was a
named defendant and whether or not any recovery or judgment was had
against that person; (3) the name, address, and principal place of
business of every insurer providing professional liability insurance
as to any person named in (2), and the insured's policy number; (4)
the name of the court in which the action or any part of the action
was filed along with the date of filing and docket number of each
action; (5) a brief description or summary of the facts upon which
each claim, charge or judgment rested including the date of
occurrence; (6) the names and last known business and residential
addresses of every person who acted as counsel for any party in the
litigation or negotiations, along with an identification of the party
whom said person represented; (7) the date and amount of final
judgment or settlement; and (8) any other information the agency to
whom the reports are to be sent may, by regulation, require.
(c) Every person named in the report, who is notified by the board
within 60 days of the filing of the report, shall maintain for the
period of three years from the filing of the report any records he or
she has as to the matter in question and shall make those available
upon request to the agency with which the report was filed.
804.5. The Legislature recognizes that various types of entities
are creating, implementing, and maintaining patient safety and risk
management programs that encourage early intervention in order to
address known complications and other unanticipated events requiring
medical care. The Legislature recognizes that some entities even
provide financial assistance to individual patients to help them
address these unforeseen health care concerns. It is the intent of
the Legislature, however, that such financial assistance not limit a
patient's interaction with, or his or her rights before, the Medical
Board of California.
Any entity that provides early intervention, patient safety, or
risk management programs to patients, or contracts for those programs
for patients, shall not include, as part of any of those programs or
contracts, any of the following:
(a) A provision that prohibits a patient or patients from
contacting or cooperating with the board.
(b) A provision that prohibits a patient or patients from filing a
complaint with the board.
(c) A provision that requires a patient or patients to withdraw a
complaint that has been filed with the board.
805. (a) As used in this section, the following terms have the
following definitions:
(1) (A) "Peer review" means both of the following:
(i) A process in which a peer review body reviews the basic
qualifications, staff privileges, employment, medical outcomes, or
professional conduct of licentiates to make recommendations for
quality improvement and education, if necessary, in order to do
either or both of the following:
(I) Determine whether a licentiate may practice or continue to
practice in a health care facility, clinic, or other setting
providing medical services, and, if so, to determine the parameters
of that practice.
(II) Assess and improve the quality of care rendered in a health
care facility, clinic, or other setting providing medical services.
(ii) Any other activities of a peer review body as specified in
subparagraph (B).
(B) "Peer review body" includes:
(i) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(ii) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(iii) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
(iv) A committee organized by any entity consisting of or
employing more than 25 licentiates of the same class that functions
for the purpose of reviewing the quality of professional care
provided by members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, or dentist. "Licentiate" also
includes a person authorized to practice medicine pursuant to Section
2113 or 2168.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date on
which any of the following occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) If a licentiate takes any action listed in paragraph (1), (2),
or (3) after receiving notice of a pending investigation initiated
for a medical disciplinary cause or reason or after receiving notice
that his or her application for membership or staff privileges is
denied or will be denied for a medical disciplinary cause or reason,
the chief of staff of a medical or professional staff or other chief
executive officer, medical director, or administrator of any peer
review body and the chief executive officer or administrator of any
licensed health care facility or clinic where the licentiate is
employed or has staff privileges or membership or where the
licentiate applied for staff privileges or membership, or sought the
renewal thereof, shall file an 805 report with the relevant agency
within 15 days after the licentiate takes the action.
(1) Resigns or takes a leave of absence from membership, staff
privileges, or employment.
(2) Withdraws or abandons his or her application for staff
privileges or membership.
(3) Withdraws or abandons his or her request for renewal of staff
privileges or membership.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information, electronically or otherwise, pursuant to Section 800,
shall be sent by the peer review body to the licentiate named in the
report. The notice shall also advise the licentiate that information
submitted electronically will be publicly disclosed to those who
request the information.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained electronically by an agency
for dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
805.01. (a) As used in this section, the following terms have the
following definitions:
(1) "Agency" has the same meaning as defined in Section 805.
(2) "Formal investigation" means an investigation performed by a
peer review body based on an allegation that any of the acts listed
in paragraphs (1) to (4), inclusive, of subdivision (b) occurred.
(3) "Licentiate" has the same meaning as defined in Section 805.
(4) "Peer review body" has the same meaning as defined in Section
805.
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file a report with
the relevant agency within 15 days after a peer review body makes a
final decision or recommendation regarding the disciplinary action,
as specified in subdivision (b) of Section 805, resulting in a final
proposed action to be taken against a licentiate based on the peer
review body's determination, following formal investigation of the
licentiate, that any of the acts listed in paragraphs (1) to (4),
inclusive, may have occurred, regardless of whether a hearing is held
pursuant to Section 809.2. The licentiate shall receive a notice of
the proposed action as set forth in Section 809.1, which shall also
include a notice advising the licentiate of the right to submit
additional explanatory or exculpatory statements electronically or
otherwise.
(1) Incompetence, or gross or repeated deviation from the standard
of care involving death or serious bodily injury to one or more
patients, to the extent or in such a manner as to be dangerous or
injurious to any person or to the public. This paragraph shall not be
construed to affect or require the imposition of immediate
suspension pursuant to Section 809.5.
(2) The use of, or prescribing for or administering to himself or
herself, any controlled substance; or the use of any dangerous drug,
as defined in Section 4022, or of alcoholic beverages, to the extent
or in such a manner as to be dangerous or injurious to the
licentiate, any other person, or the public, or to the extent that
such use impairs the ability of the licentiate to practice safely.
(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 effort 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,
be reported for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions.
(4) Sexual misconduct with one or more patients during a course of
treatment or an examination.
(c) The relevant agency shall be entitled to inspect and copy the
following documents in the record of any formal investigation
required to be reported pursuant to subdivision (b):
(1) Any statement of charges.
(2) Any document, medical chart, or exhibit.
(3) Any opinions, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(d) The report provided pursuant to subdivision (b) and the
information disclosed pursuant to subdivision (c) shall be kept
confidential and shall not be subject to discovery, except that the
information may be reviewed as provided in subdivision (c) of Section
800 and may be disclosed in any subsequent disciplinary hearing
conducted pursuant to the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code).
(e) The report required under this section shall be in addition to
any report required under Section 805.
(f) A peer review body shall not be required to make a report
pursuant to this section if that body does not make a final decision
or recommendation regarding the disciplinary action to be taken
against a licentiate based on the body's determination that any of
the acts listed in paragraphs (1) to (4), inclusive, of subdivision
(b) may have occurred.
805.1. (a) The Medical Board of California, the Osteopathic Medical
Board of California, and the Dental Board of California shall be
entitled to inspect and copy the following documents in the record of
any disciplinary proceeding resulting in action that is required to
be reported pursuant to Section 805:
(1) Any statement of charges.
(2) Any document, medical chart, or exhibits in evidence.
(3) Any opinion, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(b) The information so disclosed shall be kept confidential and
not subject to discovery, in accordance with Section 800, except that
it may be reviewed, as provided in subdivision (c) of Section 800,
and may be disclosed in any subsequent disciplinary hearing conducted
pursuant to the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
805.2. (a) It is the intent of the Legislature to provide for a
comprehensive study of the peer review process as it is conducted by
peer review bodies defined in paragraph (1) of subdivision (a) of
Section 805, in order to evaluate the continuing validity of Section
805 and Sections 809 to 809.8, inclusive, and their relevance to the
conduct of peer review in California.
(b) The Medical Board of California shall contract with an
independent entity to conduct this study that is fair, objective, and
free from bias that is directly familiar with the peer review
process and does not advocate regularly before the board on peer
review matters or on physician and surgeon disciplinary matters.
(c) The study by the independent entity shall include, but not be
limited to, the following components:
(1) A comprehensive description of the various steps of and
decisionmakers in the peer review process as it is conducted by peer
review bodies throughout the state, including the role of other
related committees of acute care health facilities and clinics
involved in the peer review process.
(2) A survey of peer review cases to determine the incidence of
peer review by peer review bodies, and whether they are complying
with the reporting requirement in Section 805.
(3) A description and evaluation of the roles and performance of
various state agencies, including the State Department of Health
Services and occupational licensing agencies that regulate healing
arts professionals, in receiving, reviewing, investigating, and
disclosing peer review actions, and in sanctioning peer review bodies
for failure to comply with Section 805.
(4) An assessment of the cost of peer review to licentiates and
the facilities which employ them.
(5) An assessment of the time consumed by the average peer review
proceeding, including the hearing provided pursuant to Section 809.2,
and a description of any difficulties encountered by either
licentiates or facilities in assembling peer review bodies or panels
to participate in peer review decisionmaking.
(6) An assessment of the need to amend Section 805 and Sections
809 to 809.8, inclusive, to ensure that they continue to be relevant
to the actual conduct of peer review as described in paragraph (1),
and to evaluate whether the current reporting requirement is yielding
timely and accurate information to aid licensing boards in their
responsibility to regulate and discipline healing arts practitioners
when necessary, and to assure that peer review bodies function in the
best interest of patient care.
(7) Recommendat
800. (a) The Medical Board of California, the Board of Psychology,
the Dental Board of California, the Osteopathic Medical Board of
California, the State Board of Chiropractic Examiners, the Board of
Registered Nursing, the Board of Vocational Nursing and Psychiatric
Technicians, the State Board of Optometry, the Veterinary Medical
Board, the Board of Behavioral Sciences, the Physical Therapy Board
of California, the California State Board of Pharmacy, the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board, the California Board of Occupational Therapy, and the
Acupuncture Board shall each separately create and maintain a central
file of the names of all persons who hold a license, certificate, or
similar authority from that board. Each central file shall be
created and maintained to provide an individual historical record for
each licensee with respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(5) Information reported pursuant to Section 805.01, including any
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (b) of that section.
(b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the
board shall include in the central file.
Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
These disclosures shall effect no change in the confidential
status of these records.
801. (a) Except as provided in Section 801.01 and subdivisions (b),
(c), and (d) of this section, every insurer providing professional
liability insurance to a person who holds a license, certificate, or
similar authority from or under any agency mentioned in subdivision
(a) of Section 800 shall send a complete report to that agency as to
any settlement or arbitration award over three thousand dollars
($3,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or by his or her rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Sciences as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
(c) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
(d) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 11 (commencing with Section 4800) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within 30
days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(e) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), or (c)
has been sent to the agency. If the attorney has not received this
notice within 45 days after the settlement was reduced to writing and
signed by all of the parties, the arbitration award was served on
the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(f) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer. This
section shall only apply to a settlement on a policy of insurance
executed or renewed on or after January 1, 1971.
801.01. The Legislature finds and declares that the filing of
reports with the applicable state agencies required under this
section is essential for the protection of the public. It is the
intent of the Legislature that the reporting requirements set forth
in this section be interpreted broadly in order to expand reporting
obligations.
(a) A complete report shall be sent to the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine, with respect to a licensee of
the board as to the following:
(1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services.
(2) A settlement over thirty thousand dollars ($30,000), if the
settlement is based on the licensee's alleged negligence, error, or
omission in practice, or on the licensee's rendering of unauthorized
professional services, and a party to the settlement is a
corporation, medical group, partnership, or other corporate entity in
which the licensee has an ownership interest or that employs or
contracts with the licensee.
(b) The report shall be sent by the following:
(1) The insurer providing professional liability insurance to the
licensee.
(2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
(3) A state or local governmental agency that self-insures the
licensee. For purposes of this section "state governmental agency"
includes, but is not limited to, the University of California.
(c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
(d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
(e) The entity, person, or licensee required to report under
subdivision (b) shall notify the claimant or his or her counsel, if
he or she is represented by counsel, that the report has been sent to
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine. If the
claimant or his or her counsel has not received this notice within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
(f) Failure to substantially comply with this section is a public
offense punishable by a fine of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000).
(g) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
(2) The report shall be deemed complete only if it includes the
following information:
(A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
(B) The name and last known business and residential address of
every licensee who was alleged to have acted improperly, whether or
not that person was a named defendant in the action and whether or
not that person was required to pay any damages pursuant to the
settlement, arbitration award, or judgment.
(C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
(D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
(E) A description or summary of the facts of each claim, charge,
or allegation, including the date of occurrence and the licensee's
role in the care or professional services provided to the patient
with respect to those services at issue in the claim or action.
(F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
(G) The amount of the judgment, the date of its entry, and a copy
of the judgment; the amount of the arbitration award, the date of its
service on the parties, and a copy of the award document; or the
amount of the settlement and the date it was reduced to writing and
signed by all parties. If an otherwise reportable settlement is
entered into after a reportable judgment or arbitration award is
issued, the report shall include both the settlement and a copy of
the judgment or award.
(H) The specialty or subspecialty of the licensee who was the
subject of the claim or action.
(I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
(3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
(h) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
(i) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.
(j) (1) A state or local governmental agency that self-insures
licensees shall, prior to sending a report pursuant to this section,
do all of the following with respect to each licensee who will be
identified in the report:
(A) Before deciding that a licensee will be identified, provide
written notice to the licensee that the agency intends to submit a
report in which the licensee may be identified, based on his or her
role in the care or professional services provided to the patient
that were at issue in the claim or action. This notice shall describe
the reasons for notifying the licensee. The agency shall include
with this notice a reasonable opportunity for the licensee to review
a copy of records to be used by the agency in deciding whether to
identify the licensee in the report.
(B) Provide the licensee with a reasonable opportunity to provide
a written response to the agency and written materials in support of
the licensee's position. If the licensee is identified in the report,
the agency shall include this response and materials in the report
submitted to a board under this section if requested by the licensee.
(C) At least 10 days prior to the expiration of the 30-day
reporting requirement under subdivision (d), provide the licensee
with the opportunity to present arguments to the body that will make
the final decision or to that body's designee. The body shall review
the care or professional services provided to the patient with
respect to those services at issue in the claim or action and
determine the licensee or licensees to be identified in the report
and the amount of the settlement to be apportioned to the licensee.
(2) Nothing in this subdivision shall be construed to modify
either the content of a report required under this section or the
timeframe for filing that report.
(k) For purposes of this section, "licensee" means a licensee of
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine.
801.1. (a) Every state or local governmental agency that self
insures a person who holds a license, certificate or similar
authority from or under any agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200) or Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act) shall send a complete report
to that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error or
omission in practice, or rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every state or local governmental agency that self-insures a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Science Examiners as to any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or personal injury caused
by that person's negligence, error, or omission in practice, or
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
802. (a) Every settlement, judgment, or arbitration award over
three thousand dollars ($3,000) of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a person who holds a license, certificate, or other similar
authority from an agency mentioned in subdivision (a) of Section 800
(except a person licensed pursuant to Chapter 3 (commencing with
Section 1200) or Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act) who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the licensee
or claimant (or, if represented by counsel, their counsel) to comply
with this section is a public offense punishable by a fine of not
less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section
or conspiracy or collusion not to comply with this section, or to
hinder or impede any other person in the compliance, is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
(b) Every settlement, judgment, or arbitration award over ten
thousand dollars ($10,000) of a claim or action for damages for death
or personal injury caused by negligence, error, or omission in
practice, or by the unauthorized rendering of professional services,
by a marriage and family therapist or clinical social worker licensed
pursuant to Chapter 13 (commencing with Section 4980) or Chapter 14
(commencing with Section 4990) who does not possess professional
liability insurance as to that claim shall within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if he or she is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if he
or she is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make a complete report. Failure of the marriage
and family therapist or clinical social worker or claimant (or, if
represented by counsel, their counsel) to comply with this section is
a public offense punishable by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or
collusion not to comply with this section or to hinder or impede any
other person in that compliance, is a public offense punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
fifty thousand dollars ($50,000).
802.1. (a) (1) A physician and surgeon, osteopathic physician and
surgeon, and a doctor of podiatric medicine shall report either of
the following to the entity that issued his or her license:
(A) The bringing of an indictment or information charging a felony
against the licensee.
(B) The conviction of the licensee, including any verdict of
guilty, or plea of guilty or no contest, of any felony or
misdemeanor.
(2) The report required by this subdivision shall be made in
writing within 30 days of the date of the bringing of the indictment
or information or of the conviction.
(b) Failure to make a report required by this section shall be a
public offense punishable by a fine not to exceed five thousand
dollars ($5,000).
802.5. (a) When a coroner receives information that is based on
findings that were reached by, or documented and approved by a
board-certified or board-eligible pathologist indicating that a death
may be the result of a physician's or podiatrist's gross negligence
or incompetence, a report shall be filed with the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine. The initial report shall
include the name of the decedent, date and place of death, attending
physicians or podiatrists, and all other relevant information
available. The initial report shall be followed, within 90 days, by
copies of the coroner's report, autopsy protocol, and all other
relevant information.
(b) The report required by this section shall be confidential. No
coroner, physician and surgeon, or medical examiner, nor any
authorized agent, shall be liable for damages in any civil action as
a result of his or her acting in compliance with this section. No
board-certified or board-eligible pathologist, nor any authorized
agent, shall be liable for damages in any civil action as a result of
his or her providing information under subdivision (a).
803. (a) Except as provided in subdivision (b), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Sciences or from an agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200)) has committed a crime, or is liable
for any death or personal injury resulting in a judgment for an
amount in excess of thirty thousand dollars ($30,000) caused by his
or her negligence, error or omission in practice, or his or her
rendering unauthorized professional services, the clerk of the court
that rendered the judgment shall report that fact to the agency that
issued the license, certificate, or other similar authority.
(b) For purposes of a physician and surgeon, osteopathic physician
and surgeon, or doctor of podiatric medicine, who is liable for any
death or personal injury resulting in a judgment of any amount caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court that rendered the judgment shall report that fact to the agency
that issued the license.
803.1. (a) Notwithstanding any other provision of law, the Medical
Board of California, the Osteopathic Medical Board of California, and
the California Board of Podiatric Medicine shall disclose to an
inquiring member of the public information regarding any enforcement
actions taken against a licensee, including a former licensee, by the
board or by another state or jurisdiction, including all of the
following:
(1) Temporary restraining orders issued.
(2) Interim suspension orders issued.
(3) Revocations, suspensions, probations, or limitations on
practice ordered by the board, including those made part of a
probationary order or stipulated agreement.
(4) Public letters of reprimand issued.
(5) Infractions, citations, or fines imposed.
(b) Notwithstanding any other provision of law, in addition to the
information provided in subdivision (a), the Medical Board of
California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public all of the following:
(1) Civil judgments in any amount, whether or not vacated by a
settlement after entry of the judgment, that were not reversed on
appeal and arbitration awards in any amount of a claim or action for
damages for death or personal injury caused by the physician and
surgeon's negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services.
(2) (A) All settlements in the possession, custody, or control of
the board shall be disclosed for a licensee in the low-risk category
if there are three or more settlements for that licensee within the
last 10 years, except for settlements by a licensee regardless of the
amount paid where (i) the settlement is made as a part of the
settlement of a class claim, (ii) the licensee paid in settlement of
the class claim the same amount as the other licensees in the same
class or similarly situated licensees in the same class, and (iii)
the settlement was paid in the context of a case where the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action. All settlements in
the possession, custody, or control of the board shall be disclosed
for a licensee in the high-risk category if there are four or more
settlements for that licensee within the last 10 years except for
settlements by a licensee regardless of the amount paid where (i) the
settlement is made as a part of the settlement of a class claim,
(ii) the licensee paid in settlement of the class claim the same
amount as the other licensees in the same class or similarly situated
licensees in the same class, and (iii) the settlement was paid in
the context of a case where the complaint that alleged class
liability on behalf of the licensee also alleged a products liability
class action cause of action. Classification of a licensee in either
a "high-risk category" or a "low-risk category" depends upon the
specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the Medical
Board of California, as described in subdivision (f). For the
purposes of this paragraph, "settlement" means a settlement of an
action described in paragraph (1) entered into by the licensee on or
after January 1, 2003, in an amount of thirty thousand dollars
($30,000) or more.
(B) The board shall not disclose the actual dollar amount of a
settlement but shall put the number and amount of the settlement in
context by doing the following:
(i) Comparing the settlement amount to the experience of other
licensees within the same specialty or subspecialty, indicating if it
is below average, average, or above average for the most recent
10-year period.
(ii) Reporting the number of years the licensee has been in
practice.
(iii) Reporting the total number of licensees in that specialty or
subspecialty, the number of those who have entered into a settlement
agreement, and the percentage that number represents of the total
number of licensees in the specialty or subspecialty.
(3) Current American Board of Medical Specialty certification or
board equivalent as certified by the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine.
(4) Approved postgraduate training.
(5) Status of the license of a licensee. By January 1, 2004, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
adopt regulations defining the status of a licensee. The board shall
employ this definition when disclosing the status of a licensee
pursuant to Section 2027.
(6) Any summaries of hospital disciplinary actions that result in
the termination or revocation of a licensee's staff privileges for
medical disciplinary cause or reason, unless a court finds, in a
final judgment, that the peer review resulting in the disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding. In addition, any exculpatory or explanatory
statements submitted by the licentiate electronically pursuant to
subdivision (f) of that section shall be disclosed. For purposes of
this paragraph, "peer review" has the same meaning as defined in
Section 805.
(c) Notwithstanding any other provision of law, the Medical Board
of California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public information received regarding felony
convictions of a physician and surgeon or doctor of podiatric
medicine.
(d) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine may
formulate appropriate disclaimers or explanatory statements to be
included with any information released, and may by regulation
establish categories of information that need not be disclosed to an
inquiring member of the public because that information is unreliable
or not sufficiently related to the licensee's professional practice.
The Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
include the following statement when disclosing information
concerning a settlement:
"Some studies have shown that there is no significant correlation
between malpractice history and a doctor's competence. At the same
time, the State of California believes that consumers should have
access to malpractice information. In these profiles, the State of
California has given you information about both the malpractice
settlement history for the doctor's specialty and the doctor's
history of settlement payments only if in the last 10 years, the
doctor, if in a low-risk specialty, has three or more settlements or
the doctor, if in a high-risk specialty, has four or more
settlements. The State of California has excluded some class action
lawsuits because those cases are commonly related to systems issues
such as product liability, rather than questions of individual
professional competence and because they are brought on a class basis
where the economic incentive for settlement is great. The State of
California has placed payment amounts into three statistical
categories: below average, average, and above average compared to
others in the doctor's specialty. To make the best health care
decisions, you should view this information in perspective. You could
miss an opportunity for high-quality care by selecting a doctor
based solely on malpractice history.
When considering malpractice data, please keep in mind:
Malpractice histories tend to vary by specialty. Some specialties
are more likely than others to be the subject of litigation. This
report compares doctors only to the members of their specialty, not
to all doctors, in order to make an individual doctor's history more
meaningful.
This report reflects data only for settlements made on or after
January 1, 2003. Moreover, it includes information concerning those
settlements for a 10-year period only. Therefore, you should know
that a doctor may have made settlements in the 10 years immediately
preceding January 1, 2003, that are not included in this report.
After January 1, 2013, for doctors practicing less than 10 years, the
data covers their total years of practice. You should take into
account the effective date of settlement disclosure as well as how
long the doctor has been in practice when considering malpractice
averages.
The incident causing the malpractice claim may have happened years
before a payment is finally made. Sometimes, it takes a long time
for a malpractice lawsuit to settle. Some doctors work primarily with
high-risk patients. These doctors may have malpractice settlement
histories that are higher than average because they specialize in
cases or patients who are at very high risk for problems.
Settlement of a claim may occur for a variety of reasons that do
not necessarily reflect negatively on the professional competence or
conduct of the doctor. A payment in settlement of a medical
malpractice action or claim should not be construed as creating a
presumption that medical malpractice has occurred.
You may wish to discuss information in this report and the general
issue of malpractice with your doctor."
(e) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall,
by regulation, develop standard terminology that accurately
describes the different types of disciplinary filings and actions to
take against a licensee as described in paragraphs (1) to (5),
inclusive, of subdivision (a). In providing the public with
information about a licensee via the Internet pursuant to Section
2027, the Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
not use the terms "enforcement," "discipline," or similar language
implying a sanction unless the physician and surgeon has been the
subject of one of the actions described in paragraphs (1) to (5),
inclusive, of subdivision (a).
(f) The Medical Board of California shall adopt regulations no
later than July 1, 2003, designating each specialty and subspecialty
practice area as either high risk or low risk. In promulgating these
regulations, the board shall consult with commercial underwriters of
medical malpractice insurance companies, health care systems that
self-insure physicians and surgeons, and representatives of the
California medical specialty societies. The board shall utilize the
carriers' statewide data to establish the two risk categories and the
averages required by subparagraph (B) of paragraph (2) of
subdivision (b). Prior to issuing regulations, the board shall
convene public meetings with the medical malpractice carriers,
self-insurers, and specialty representatives.
(g) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
provide each licensee, including a former licensee under subdivision
(a), with a copy of the text of any proposed public disclosure
authorized by this section prior to release of the disclosure to the
public. The licensee shall have 10 working days from the date the
board provides the copy of the proposed public disclosure to propose
corrections of factual inaccuracies. Nothing in this section shall
prevent the board from disclosing information to the public prior to
the expiration of the 10-day period.
(h) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the specialty or subspecialty information required by this
section shall group physicians by specialty board recognized pursuant
to paragraph (5) of subdivision (h) of Section 651 unless a
different grouping would be more valid and the board, in its
statement of reasons for its regulations, explains why the validity
of the grouping would be more valid.
803.5. (a) The district attorney, city attorney, or other
prosecuting agency shall notify the Medical Board of California, the
Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Chiropractic Examiners, or
other appropriate allied health board, and the clerk of the court in
which the charges have been filed, of any filings against a licensee
of that board charging a felony immediately upon obtaining
information that the defendant is a licensee of the board. 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 from one of the boards described above.
(b) The clerk of the court in which a licensee of one of the
boards is convicted of a crime shall, within 48 hours after the
conviction, transmit a certified copy of the record of conviction to
the applicable board.
803.6. (a) The clerk of the court shall transmit any felony
preliminary hearing transcript concerning a defendant licensee to the
Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, or other
appropriate allied health board, as applicable, where the total
length of the transcript is under 800 pages and shall notify the
appropriate board of any proceeding where the transcript exceeds that
length.
(b) In any case where a probation report on a licensee is prepared
for a court pursuant to Section 1203 of the Penal Code, a copy of
that report shall be transmitted by the probation officer to the
board.
804. (a) Any agency to whom reports are to be sent under Section
801, 801.1, 802, or 803, may develop a prescribed form for the making
of the reports, usage of which it may, but need not, by regulation,
require in all cases.
(b) A report required to be made by Sections 801, 801.1, or 802
shall be deemed complete only if it includes the following
information: (1) the name and last known business and residential
addresses of every plaintiff or claimant involved in the matter,
whether or not each plaintiff or claimant recovered anything; (2) the
name and last known business and residential addresses of every
physician or provider of health care services who was claimed or
alleged to have acted improperly, whether or not that person was a
named defendant and whether or not any recovery or judgment was had
against that person; (3) the name, address, and principal place of
business of every insurer providing professional liability insurance
as to any person named in (2), and the insured's policy number; (4)
the name of the court in which the action or any part of the action
was filed along with the date of filing and docket number of each
action; (5) a brief description or summary of the facts upon which
each claim, charge or judgment rested including the date of
occurrence; (6) the names and last known business and residential
addresses of every person who acted as counsel for any party in the
litigation or negotiations, along with an identification of the party
whom said person represented; (7) the date and amount of final
judgment or settlement; and (8) any other information the agency to
whom the reports are to be sent may, by regulation, require.
(c) Every person named in the report, who is notified by the board
within 60 days of the filing of the report, shall maintain for the
period of three years from the filing of the report any records he or
she has as to the matter in question and shall make those available
upon request to the agency with which the report was filed.
804.5. The Legislature recognizes that various types of entities
are creating, implementing, and maintaining patient safety and risk
management programs that encourage early intervention in order to
address known complications and other unanticipated events requiring
medical care. The Legislature recognizes that some entities even
provide financial assistance to individual patients to help them
address these unforeseen health care concerns. It is the intent of
the Legislature, however, that such financial assistance not limit a
patient's interaction with, or his or her rights before, the Medical
Board of California.
Any entity that provides early intervention, patient safety, or
risk management programs to patients, or contracts for those programs
for patients, shall not include, as part of any of those programs or
contracts, any of the following:
(a) A provision that prohibits a patient or patients from
contacting or cooperating with the board.
(b) A provision that prohibits a patient or patients from filing a
complaint with the board.
(c) A provision that requires a patient or patients to withdraw a
complaint that has been filed with the board.
805. (a) As used in this section, the following terms have the
following definitions:
(1) (A) "Peer review" means both of the following:
(i) A process in which a peer review body reviews the basic
qualifications, staff privileges, employment, medical outcomes, or
professional conduct of licentiates to make recommendations for
quality improvement and education, if necessary, in order to do
either or both of the following:
(I) Determine whether a licentiate may practice or continue to
practice in a health care facility, clinic, or other setting
providing medical services, and, if so, to determine the parameters
of that practice.
(II) Assess and improve the quality of care rendered in a health
care facility, clinic, or other setting providing medical services.
(ii) Any other activities of a peer review body as specified in
subparagraph (B).
(B) "Peer review body" includes:
(i) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(ii) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(iii) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
(iv) A committee organized by any entity consisting of or
employing more than 25 licentiates of the same class that functions
for the purpose of reviewing the quality of professional care
provided by members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, or dentist. "Licentiate" also
includes a person authorized to practice medicine pursuant to Section
2113 or 2168.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date on
which any of the following occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) If a licentiate takes any action listed in paragraph (1), (2),
or (3) after receiving notice of a pending investigation initiated
for a medical disciplinary cause or reason or after receiving notice
that his or her application for membership or staff privileges is
denied or will be denied for a medical disciplinary cause or reason,
the chief of staff of a medical or professional staff or other chief
executive officer, medical director, or administrator of any peer
review body and the chief executive officer or administrator of any
licensed health care facility or clinic where the licentiate is
employed or has staff privileges or membership or where the
licentiate applied for staff privileges or membership, or sought the
renewal thereof, shall file an 805 report with the relevant agency
within 15 days after the licentiate takes the action.
(1) Resigns or takes a leave of absence from membership, staff
privileges, or employment.
(2) Withdraws or abandons his or her application for staff
privileges or membership.
(3) Withdraws or abandons his or her request for renewal of staff
privileges or membership.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information, electronically or otherwise, pursuant to Section 800,
shall be sent by the peer review body to the licentiate named in the
report. The notice shall also advise the licentiate that information
submitted electronically will be publicly disclosed to those who
request the information.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained electronically by an agency
for dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
805.01. (a) As used in this section, the following terms have the
following definitions:
(1) "Agency" has the same meaning as defined in Section 805.
(2) "Formal investigation" means an investigation performed by a
peer review body based on an allegation that any of the acts listed
in paragraphs (1) to (4), inclusive, of subdivision (b) occurred.
(3) "Licentiate" has the same meaning as defined in Section 805.
(4) "Peer review body" has the same meaning as defined in Section
805.
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file a report with
the relevant agency within 15 days after a peer review body makes a
final decision or recommendation regarding the disciplinary action,
as specified in subdivision (b) of Section 805, resulting in a final
proposed action to be taken against a licentiate based on the peer
review body's determination, following formal investigation of the
licentiate, that any of the acts listed in paragraphs (1) to (4),
inclusive, may have occurred, regardless of whether a hearing is held
pursuant to Section 809.2. The licentiate shall receive a notice of
the proposed action as set forth in Section 809.1, which shall also
include a notice advising the licentiate of the right to submit
additional explanatory or exculpatory statements electronically or
otherwise.
(1) Incompetence, or gross or repeated deviation from the standard
of care involving death or serious bodily injury to one or more
patients, to the extent or in such a manner as to be dangerous or
injurious to any person or to the public. This paragraph shall not be
construed to affect or require the imposition of immediate
suspension pursuant to Section 809.5.
(2) The use of, or prescribing for or administering to himself or
herself, any controlled substance; or the use of any dangerous drug,
as defined in Section 4022, or of alcoholic beverages, to the extent
or in such a manner as to be dangerous or injurious to the
licentiate, any other person, or the public, or to the extent that
such use impairs the ability of the licentiate to practice safely.
(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 effort 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,
be reported for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions.
(4) Sexual misconduct with one or more patients during a course of
treatment or an examination.
(c) The relevant agency shall be entitled to inspect and copy the
following documents in the record of any formal investigation
required to be reported pursuant to subdivision (b):
(1) Any statement of charges.
(2) Any document, medical chart, or exhibit.
(3) Any opinions, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(d) The report provided pursuant to subdivision (b) and the
information disclosed pursuant to subdivision (c) shall be kept
confidential and shall not be subject to discovery, except that the
information may be reviewed as provided in subdivision (c) of Section
800 and may be disclosed in any subsequent disciplinary hearing
conducted pursuant to the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code).
(e) The report required under this section shall be in addition to
any report required under Section 805.
(f) A peer review body shall not be required to make a report
pursuant to this section if that body does not make a final decision
or recommendation regarding the disciplinary action to be taken
against a licentiate based on the body's determination that any of
the acts listed in paragraphs (1) to (4), inclusive, of subdivision
(b) may have occurred.
805.1. (a) The Medical Board of California, the Osteopathic Medical
Board of California, and the Dental Board of California shall be
entitled to inspect and copy the following documents in the record of
any disciplinary proceeding resulting in action that is required to
be reported pursuant to Section 805:
(1) Any statement of charges.
(2) Any document, medical chart, or exhibits in evidence.
(3) Any opinion, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(b) The information so disclosed shall be kept confidential and
not subject to discovery, in accordance with Section 800, except that
it may be reviewed, as provided in subdivision (c) of Section 800,
and may be disclosed in any subsequent disciplinary hearing conducted
pursuant to the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
805.2. (a) It is the intent of the Legislature to provide for a
comprehensive study of the peer review process as it is conducted by
peer review bodies defined in paragraph (1) of subdivision (a) of
Section 805, in order to evaluate the continuing validity of Section
805 and Sections 809 to 809.8, inclusive, and their relevance to the
conduct of peer review in California.
(b) The Medical Board of California shall contract with an
independent entity to conduct this study that is fair, objective, and
free from bias that is directly familiar with the peer review
process and does not advocate regularly before the board on peer
review matters or on physician and surgeon disciplinary matters.
(c) The study by the independent entity shall include, but not be
limited to, the following components:
(1) A comprehensive description of the various steps of and
decisionmakers in the peer review process as it is conducted by peer
review bodies throughout the state, including the role of other
related committees of acute care health facilities and clinics
involved in the peer review process.
(2) A survey of peer review cases to determine the incidence of
peer review by peer review bodies, and whether they are complying
with the reporting requirement in Section 805.
(3) A description and evaluation of the roles and performance of
various state agencies, including the State Department of Health
Services and occupational licensing agencies that regulate healing
arts professionals, in receiving, reviewing, investigating, and
disclosing peer review actions, and in sanctioning peer review bodies
for failure to comply with Section 805.
(4) An assessment of the cost of peer review to licentiates and
the facilities which employ them.
(5) An assessment of the time consumed by the average peer review
proceeding, including the hearing provided pursuant to Section 809.2,
and a description of any difficulties encountered by either
licentiates or facilities in assembling peer review bodies or panels
to participate in peer review decisionmaking.
(6) An assessment of the need to amend Section 805 and Sections
809 to 809.8, inclusive, to ensure that they continue to be relevant
to the actual conduct of peer review as described in paragraph (1),
and to evaluate whether the current reporting requirement is yielding
timely and accurate information to aid licensing boards in their
responsibility to regulate and discipline healing arts practitioners
when necessary, and to assure that peer review bodies function in the
best interest of patient care.
(7) Recommendat
800. (a) The Medical Board of California, the Board of Psychology,
the Dental Board of California, the Osteopathic Medical Board of
California, the State Board of Chiropractic Examiners, the Board of
Registered Nursing, the Board of Vocational Nursing and Psychiatric
Technicians, the State Board of Optometry, the Veterinary Medical
Board, the Board of Behavioral Sciences, the Physical Therapy Board
of California, the California State Board of Pharmacy, the
Speech-Language Pathology and Audiology and Hearing Aid Dispensers
Board, the California Board of Occupational Therapy, and the
Acupuncture Board shall each separately create and maintain a central
file of the names of all persons who hold a license, certificate, or
similar authority from that board. Each central file shall be
created and maintained to provide an individual historical record for
each licensee with respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) Disciplinary information reported pursuant to Section 805,
including any additional exculpatory or explanatory statements
submitted by the licentiate pursuant to subdivision (f) of Section
805. If a court finds, in a final judgment, that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(5) Information reported pursuant to Section 805.01, including any
explanatory or exculpatory information submitted by the licensee
pursuant to subdivision (b) of that section.
(b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
The licensee may, but is not required to, submit any additional
exculpatory or explanatory statement or other information that the
board shall include in the central file.
Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
These disclosures shall effect no change in the confidential
status of these records.
801. (a) Except as provided in Section 801.01 and subdivisions (b),
(c), and (d) of this section, every insurer providing professional
liability insurance to a person who holds a license, certificate, or
similar authority from or under any agency mentioned in subdivision
(a) of Section 800 shall send a complete report to that agency as to
any settlement or arbitration award over three thousand dollars
($3,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or by his or her rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every insurer providing professional liability insurance to a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Sciences as to any settlement or
arbitration award over ten thousand dollars ($10,000) of a claim or
action for damages for death or personal injury caused by that person'
s negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
(c) Every insurer providing professional liability insurance to a
dentist licensed pursuant to Chapter 4 (commencing with Section 1600)
shall send a complete report to the Dental Board of California as to
any settlement or arbitration award over ten thousand dollars
($10,000) of a claim or action for damages for death or personal
injury caused by that person's negligence, error, or omission in
practice, or rendering of unauthorized professional services. The
report shall be sent within 30 days after the written settlement
agreement has been reduced to writing and signed by all parties
thereto or within 30 days after service of the arbitration award on
the parties.
(d) Every insurer providing liability insurance to a veterinarian
licensed pursuant to Chapter 11 (commencing with Section 4800) shall
send a complete report to the Veterinary Medical Board of any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or injury caused by that
person's negligence, error, or omission in practice, or rendering of
unauthorized professional service. The report shall be sent within 30
days after the written settlement agreement has been reduced to
writing and signed by all parties thereto or within 30 days after
service of the arbitration award on the parties.
(e) The insurer shall notify the claimant, or if the claimant is
represented by counsel, the insurer shall notify the claimant's
attorney, that the report required by subdivision (a), (b), or (c)
has been sent to the agency. If the attorney has not received this
notice within 45 days after the settlement was reduced to writing and
signed by all of the parties, the arbitration award was served on
the parties, or the date of entry of the civil judgment, the attorney
shall make the report to the agency.
(f) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer. This
section shall only apply to a settlement on a policy of insurance
executed or renewed on or after January 1, 1971.
801.01. The Legislature finds and declares that the filing of
reports with the applicable state agencies required under this
section is essential for the protection of the public. It is the
intent of the Legislature that the reporting requirements set forth
in this section be interpreted broadly in order to expand reporting
obligations.
(a) A complete report shall be sent to the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine, with respect to a licensee of
the board as to the following:
(1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services.
(2) A settlement over thirty thousand dollars ($30,000), if the
settlement is based on the licensee's alleged negligence, error, or
omission in practice, or on the licensee's rendering of unauthorized
professional services, and a party to the settlement is a
corporation, medical group, partnership, or other corporate entity in
which the licensee has an ownership interest or that employs or
contracts with the licensee.
(b) The report shall be sent by the following:
(1) The insurer providing professional liability insurance to the
licensee.
(2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
(3) A state or local governmental agency that self-insures the
licensee. For purposes of this section "state governmental agency"
includes, but is not limited to, the University of California.
(c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
(d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
(e) The entity, person, or licensee required to report under
subdivision (b) shall notify the claimant or his or her counsel, if
he or she is represented by counsel, that the report has been sent to
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine. If the
claimant or his or her counsel has not received this notice within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
(f) Failure to substantially comply with this section is a public
offense punishable by a fine of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000).
(g) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
(2) The report shall be deemed complete only if it includes the
following information:
(A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
(B) The name and last known business and residential address of
every licensee who was alleged to have acted improperly, whether or
not that person was a named defendant in the action and whether or
not that person was required to pay any damages pursuant to the
settlement, arbitration award, or judgment.
(C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
(D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
(E) A description or summary of the facts of each claim, charge,
or allegation, including the date of occurrence and the licensee's
role in the care or professional services provided to the patient
with respect to those services at issue in the claim or action.
(F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
(G) The amount of the judgment, the date of its entry, and a copy
of the judgment; the amount of the arbitration award, the date of its
service on the parties, and a copy of the award document; or the
amount of the settlement and the date it was reduced to writing and
signed by all parties. If an otherwise reportable settlement is
entered into after a reportable judgment or arbitration award is
issued, the report shall include both the settlement and a copy of
the judgment or award.
(H) The specialty or subspecialty of the licensee who was the
subject of the claim or action.
(I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
(3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
(h) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
(i) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.
(j) (1) A state or local governmental agency that self-insures
licensees shall, prior to sending a report pursuant to this section,
do all of the following with respect to each licensee who will be
identified in the report:
(A) Before deciding that a licensee will be identified, provide
written notice to the licensee that the agency intends to submit a
report in which the licensee may be identified, based on his or her
role in the care or professional services provided to the patient
that were at issue in the claim or action. This notice shall describe
the reasons for notifying the licensee. The agency shall include
with this notice a reasonable opportunity for the licensee to review
a copy of records to be used by the agency in deciding whether to
identify the licensee in the report.
(B) Provide the licensee with a reasonable opportunity to provide
a written response to the agency and written materials in support of
the licensee's position. If the licensee is identified in the report,
the agency shall include this response and materials in the report
submitted to a board under this section if requested by the licensee.
(C) At least 10 days prior to the expiration of the 30-day
reporting requirement under subdivision (d), provide the licensee
with the opportunity to present arguments to the body that will make
the final decision or to that body's designee. The body shall review
the care or professional services provided to the patient with
respect to those services at issue in the claim or action and
determine the licensee or licensees to be identified in the report
and the amount of the settlement to be apportioned to the licensee.
(2) Nothing in this subdivision shall be construed to modify
either the content of a report required under this section or the
timeframe for filing that report.
(k) For purposes of this section, "licensee" means a licensee of
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine.
801.1. (a) Every state or local governmental agency that self
insures a person who holds a license, certificate or similar
authority from or under any agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200) or Chapter 5 (commencing with Section
2000) or the Osteopathic Initiative Act) shall send a complete report
to that agency as to any settlement or arbitration award over three
thousand dollars ($3,000) of a claim or action for damages for death
or personal injury caused by that person's negligence, error or
omission in practice, or rendering of unauthorized professional
services. The report shall be sent within 30 days after the written
settlement agreement has been reduced to writing and signed by all
parties thereto or within 30 days after service of the arbitration
award on the parties.
(b) Every state or local governmental agency that self-insures a
person licensed pursuant to Chapter 13 (commencing with Section 4980)
or Chapter 14 (commencing with Section 4990) shall send a complete
report to the Board of Behavioral Science Examiners as to any
settlement or arbitration award over ten thousand dollars ($10,000)
of a claim or action for damages for death or personal injury caused
by that person's negligence, error, or omission in practice, or
rendering of unauthorized professional services. The report shall be
sent within 30 days after the written settlement agreement has been
reduced to writing and signed by all parties thereto or within 30
days after service of the arbitration award on the parties.
802. (a) Every settlement, judgment, or arbitration award over
three thousand dollars ($3,000) of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a person who holds a license, certificate, or other similar
authority from an agency mentioned in subdivision (a) of Section 800
(except a person licensed pursuant to Chapter 3 (commencing with
Section 1200) or Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act) who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the licensee
or claimant (or, if represented by counsel, their counsel) to comply
with this section is a public offense punishable by a fine of not
less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section
or conspiracy or collusion not to comply with this section, or to
hinder or impede any other person in the compliance, is a public
offense punishable by a fine of not less than five thousand dollars
($5,000) nor more than fifty thousand dollars ($50,000).
(b) Every settlement, judgment, or arbitration award over ten
thousand dollars ($10,000) of a claim or action for damages for death
or personal injury caused by negligence, error, or omission in
practice, or by the unauthorized rendering of professional services,
by a marriage and family therapist or clinical social worker licensed
pursuant to Chapter 13 (commencing with Section 4980) or Chapter 14
(commencing with Section 4990) who does not possess professional
liability insurance as to that claim shall within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if he or she is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if he
or she is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make a complete report. Failure of the marriage
and family therapist or clinical social worker or claimant (or, if
represented by counsel, their counsel) to comply with this section is
a public offense punishable by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or
collusion not to comply with this section or to hinder or impede any
other person in that compliance, is a public offense punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
fifty thousand dollars ($50,000).
802.1. (a) (1) A physician and surgeon, osteopathic physician and
surgeon, and a doctor of podiatric medicine shall report either of
the following to the entity that issued his or her license:
(A) The bringing of an indictment or information charging a felony
against the licensee.
(B) The conviction of the licensee, including any verdict of
guilty, or plea of guilty or no contest, of any felony or
misdemeanor.
(2) The report required by this subdivision shall be made in
writing within 30 days of the date of the bringing of the indictment
or information or of the conviction.
(b) Failure to make a report required by this section shall be a
public offense punishable by a fine not to exceed five thousand
dollars ($5,000).
802.5. (a) When a coroner receives information that is based on
findings that were reached by, or documented and approved by a
board-certified or board-eligible pathologist indicating that a death
may be the result of a physician's or podiatrist's gross negligence
or incompetence, a report shall be filed with the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine. The initial report shall
include the name of the decedent, date and place of death, attending
physicians or podiatrists, and all other relevant information
available. The initial report shall be followed, within 90 days, by
copies of the coroner's report, autopsy protocol, and all other
relevant information.
(b) The report required by this section shall be confidential. No
coroner, physician and surgeon, or medical examiner, nor any
authorized agent, shall be liable for damages in any civil action as
a result of his or her acting in compliance with this section. No
board-certified or board-eligible pathologist, nor any authorized
agent, shall be liable for damages in any civil action as a result of
his or her providing information under subdivision (a).
803. (a) Except as provided in subdivision (b), within 10 days
after a judgment by a court of this state that a person who holds a
license, certificate, or other similar authority from the Board of
Behavioral Sciences or from an agency mentioned in subdivision (a) of
Section 800 (except a person licensed pursuant to Chapter 3
(commencing with Section 1200)) has committed a crime, or is liable
for any death or personal injury resulting in a judgment for an
amount in excess of thirty thousand dollars ($30,000) caused by his
or her negligence, error or omission in practice, or his or her
rendering unauthorized professional services, the clerk of the court
that rendered the judgment shall report that fact to the agency that
issued the license, certificate, or other similar authority.
(b) For purposes of a physician and surgeon, osteopathic physician
and surgeon, or doctor of podiatric medicine, who is liable for any
death or personal injury resulting in a judgment of any amount caused
by his or her negligence, error or omission in practice, or his or
her rendering unauthorized professional services, the clerk of the
court that rendered the judgment shall report that fact to the agency
that issued the license.
803.1. (a) Notwithstanding any other provision of law, the Medical
Board of California, the Osteopathic Medical Board of California, and
the California Board of Podiatric Medicine shall disclose to an
inquiring member of the public information regarding any enforcement
actions taken against a licensee, including a former licensee, by the
board or by another state or jurisdiction, including all of the
following:
(1) Temporary restraining orders issued.
(2) Interim suspension orders issued.
(3) Revocations, suspensions, probations, or limitations on
practice ordered by the board, including those made part of a
probationary order or stipulated agreement.
(4) Public letters of reprimand issued.
(5) Infractions, citations, or fines imposed.
(b) Notwithstanding any other provision of law, in addition to the
information provided in subdivision (a), the Medical Board of
California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public all of the following:
(1) Civil judgments in any amount, whether or not vacated by a
settlement after entry of the judgment, that were not reversed on
appeal and arbitration awards in any amount of a claim or action for
damages for death or personal injury caused by the physician and
surgeon's negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services.
(2) (A) All settlements in the possession, custody, or control of
the board shall be disclosed for a licensee in the low-risk category
if there are three or more settlements for that licensee within the
last 10 years, except for settlements by a licensee regardless of the
amount paid where (i) the settlement is made as a part of the
settlement of a class claim, (ii) the licensee paid in settlement of
the class claim the same amount as the other licensees in the same
class or similarly situated licensees in the same class, and (iii)
the settlement was paid in the context of a case where the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action. All settlements in
the possession, custody, or control of the board shall be disclosed
for a licensee in the high-risk category if there are four or more
settlements for that licensee within the last 10 years except for
settlements by a licensee regardless of the amount paid where (i) the
settlement is made as a part of the settlement of a class claim,
(ii) the licensee paid in settlement of the class claim the same
amount as the other licensees in the same class or similarly situated
licensees in the same class, and (iii) the settlement was paid in
the context of a case where the complaint that alleged class
liability on behalf of the licensee also alleged a products liability
class action cause of action. Classification of a licensee in either
a "high-risk category" or a "low-risk category" depends upon the
specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the Medical
Board of California, as described in subdivision (f). For the
purposes of this paragraph, "settlement" means a settlement of an
action described in paragraph (1) entered into by the licensee on or
after January 1, 2003, in an amount of thirty thousand dollars
($30,000) or more.
(B) The board shall not disclose the actual dollar amount of a
settlement but shall put the number and amount of the settlement in
context by doing the following:
(i) Comparing the settlement amount to the experience of other
licensees within the same specialty or subspecialty, indicating if it
is below average, average, or above average for the most recent
10-year period.
(ii) Reporting the number of years the licensee has been in
practice.
(iii) Reporting the total number of licensees in that specialty or
subspecialty, the number of those who have entered into a settlement
agreement, and the percentage that number represents of the total
number of licensees in the specialty or subspecialty.
(3) Current American Board of Medical Specialty certification or
board equivalent as certified by the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine.
(4) Approved postgraduate training.
(5) Status of the license of a licensee. By January 1, 2004, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
adopt regulations defining the status of a licensee. The board shall
employ this definition when disclosing the status of a licensee
pursuant to Section 2027.
(6) Any summaries of hospital disciplinary actions that result in
the termination or revocation of a licensee's staff privileges for
medical disciplinary cause or reason, unless a court finds, in a
final judgment, that the peer review resulting in the disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding. In addition, any exculpatory or explanatory
statements submitted by the licentiate electronically pursuant to
subdivision (f) of that section shall be disclosed. For purposes of
this paragraph, "peer review" has the same meaning as defined in
Section 805.
(c) Notwithstanding any other provision of law, the Medical Board
of California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public information received regarding felony
convictions of a physician and surgeon or doctor of podiatric
medicine.
(d) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine may
formulate appropriate disclaimers or explanatory statements to be
included with any information released, and may by regulation
establish categories of information that need not be disclosed to an
inquiring member of the public because that information is unreliable
or not sufficiently related to the licensee's professional practice.
The Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
include the following statement when disclosing information
concerning a settlement:
"Some studies have shown that there is no significant correlation
between malpractice history and a doctor's competence. At the same
time, the State of California believes that consumers should have
access to malpractice information. In these profiles, the State of
California has given you information about both the malpractice
settlement history for the doctor's specialty and the doctor's
history of settlement payments only if in the last 10 years, the
doctor, if in a low-risk specialty, has three or more settlements or
the doctor, if in a high-risk specialty, has four or more
settlements. The State of California has excluded some class action
lawsuits because those cases are commonly related to systems issues
such as product liability, rather than questions of individual
professional competence and because they are brought on a class basis
where the economic incentive for settlement is great. The State of
California has placed payment amounts into three statistical
categories: below average, average, and above average compared to
others in the doctor's specialty. To make the best health care
decisions, you should view this information in perspective. You could
miss an opportunity for high-quality care by selecting a doctor
based solely on malpractice history.
When considering malpractice data, please keep in mind:
Malpractice histories tend to vary by specialty. Some specialties
are more likely than others to be the subject of litigation. This
report compares doctors only to the members of their specialty, not
to all doctors, in order to make an individual doctor's history more
meaningful.
This report reflects data only for settlements made on or after
January 1, 2003. Moreover, it includes information concerning those
settlements for a 10-year period only. Therefore, you should know
that a doctor may have made settlements in the 10 years immediately
preceding January 1, 2003, that are not included in this report.
After January 1, 2013, for doctors practicing less than 10 years, the
data covers their total years of practice. You should take into
account the effective date of settlement disclosure as well as how
long the doctor has been in practice when considering malpractice
averages.
The incident causing the malpractice claim may have happened years
before a payment is finally made. Sometimes, it takes a long time
for a malpractice lawsuit to settle. Some doctors work primarily with
high-risk patients. These doctors may have malpractice settlement
histories that are higher than average because they specialize in
cases or patients who are at very high risk for problems.
Settlement of a claim may occur for a variety of reasons that do
not necessarily reflect negatively on the professional competence or
conduct of the doctor. A payment in settlement of a medical
malpractice action or claim should not be construed as creating a
presumption that medical malpractice has occurred.
You may wish to discuss information in this report and the general
issue of malpractice with your doctor."
(e) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall,
by regulation, develop standard terminology that accurately
describes the different types of disciplinary filings and actions to
take against a licensee as described in paragraphs (1) to (5),
inclusive, of subdivision (a). In providing the public with
information about a licensee via the Internet pursuant to Section
2027, the Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
not use the terms "enforcement," "discipline," or similar language
implying a sanction unless the physician and surgeon has been the
subject of one of the actions described in paragraphs (1) to (5),
inclusive, of subdivision (a).
(f) The Medical Board of California shall adopt regulations no
later than July 1, 2003, designating each specialty and subspecialty
practice area as either high risk or low risk. In promulgating these
regulations, the board shall consult with commercial underwriters of
medical malpractice insurance companies, health care systems that
self-insure physicians and surgeons, and representatives of the
California medical specialty societies. The board shall utilize the
carriers' statewide data to establish the two risk categories and the
averages required by subparagraph (B) of paragraph (2) of
subdivision (b). Prior to issuing regulations, the board shall
convene public meetings with the medical malpractice carriers,
self-insurers, and specialty representatives.
(g) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
provide each licensee, including a former licensee under subdivision
(a), with a copy of the text of any proposed public disclosure
authorized by this section prior to release of the disclosure to the
public. The licensee shall have 10 working days from the date the
board provides the copy of the proposed public disclosure to propose
corrections of factual inaccuracies. Nothing in this section shall
prevent the board from disclosing information to the public prior to
the expiration of the 10-day period.
(h) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the specialty or subspecialty information required by this
section shall group physicians by specialty board recognized pursuant
to paragraph (5) of subdivision (h) of Section 651 unless a
different grouping would be more valid and the board, in its
statement of reasons for its regulations, explains why the validity
of the grouping would be more valid.
803.5. (a) The district attorney, city attorney, or other
prosecuting agency shall notify the Medical Board of California, the
Osteopathic Medical Board of California, the California Board of
Podiatric Medicine, the State Board of Chiropractic Examiners, or
other appropriate allied health board, and the clerk of the court in
which the charges have been filed, of any filings against a licensee
of that board charging a felony immediately upon obtaining
information that the defendant is a licensee of the board. 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 from one of the boards described above.
(b) The clerk of the court in which a licensee of one of the
boards is convicted of a crime shall, within 48 hours after the
conviction, transmit a certified copy of the record of conviction to
the applicable board.
803.6. (a) The clerk of the court shall transmit any felony
preliminary hearing transcript concerning a defendant licensee to the
Medical Board of California, the Osteopathic Medical Board of
California, the California Board of Podiatric Medicine, or other
appropriate allied health board, as applicable, where the total
length of the transcript is under 800 pages and shall notify the
appropriate board of any proceeding where the transcript exceeds that
length.
(b) In any case where a probation report on a licensee is prepared
for a court pursuant to Section 1203 of the Penal Code, a copy of
that report shall be transmitted by the probation officer to the
board.
804. (a) Any agency to whom reports are to be sent under Section
801, 801.1, 802, or 803, may develop a prescribed form for the making
of the reports, usage of which it may, but need not, by regulation,
require in all cases.
(b) A report required to be made by Sections 801, 801.1, or 802
shall be deemed complete only if it includes the following
information: (1) the name and last known business and residential
addresses of every plaintiff or claimant involved in the matter,
whether or not each plaintiff or claimant recovered anything; (2) the
name and last known business and residential addresses of every
physician or provider of health care services who was claimed or
alleged to have acted improperly, whether or not that person was a
named defendant and whether or not any recovery or judgment was had
against that person; (3) the name, address, and principal place of
business of every insurer providing professional liability insurance
as to any person named in (2), and the insured's policy number; (4)
the name of the court in which the action or any part of the action
was filed along with the date of filing and docket number of each
action; (5) a brief description or summary of the facts upon which
each claim, charge or judgment rested including the date of
occurrence; (6) the names and last known business and residential
addresses of every person who acted as counsel for any party in the
litigation or negotiations, along with an identification of the party
whom said person represented; (7) the date and amount of final
judgment or settlement; and (8) any other information the agency to
whom the reports are to be sent may, by regulation, require.
(c) Every person named in the report, who is notified by the board
within 60 days of the filing of the report, shall maintain for the
period of three years from the filing of the report any records he or
she has as to the matter in question and shall make those available
upon request to the agency with which the report was filed.
804.5. The Legislature recognizes that various types of entities
are creating, implementing, and maintaining patient safety and risk
management programs that encourage early intervention in order to
address known complications and other unanticipated events requiring
medical care. The Legislature recognizes that some entities even
provide financial assistance to individual patients to help them
address these unforeseen health care concerns. It is the intent of
the Legislature, however, that such financial assistance not limit a
patient's interaction with, or his or her rights before, the Medical
Board of California.
Any entity that provides early intervention, patient safety, or
risk management programs to patients, or contracts for those programs
for patients, shall not include, as part of any of those programs or
contracts, any of the following:
(a) A provision that prohibits a patient or patients from
contacting or cooperating with the board.
(b) A provision that prohibits a patient or patients from filing a
complaint with the board.
(c) A provision that requires a patient or patients to withdraw a
complaint that has been filed with the board.
805. (a) As used in this section, the following terms have the
following definitions:
(1) (A) "Peer review" means both of the following:
(i) A process in which a peer review body reviews the basic
qualifications, staff privileges, employment, medical outcomes, or
professional conduct of licentiates to make recommendations for
quality improvement and education, if necessary, in order to do
either or both of the following:
(I) Determine whether a licentiate may practice or continue to
practice in a health care facility, clinic, or other setting
providing medical services, and, if so, to determine the parameters
of that practice.
(II) Assess and improve the quality of care rendered in a health
care facility, clinic, or other setting providing medical services.
(ii) Any other activities of a peer review body as specified in
subparagraph (B).
(B) "Peer review body" includes:
(i) A medical or professional staff of any health care facility or
clinic licensed under Division 2 (commencing with Section 1200) of
the Health and Safety Code or of a facility certified to participate
in the federal Medicare Program as an ambulatory surgical center.
(ii) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that contracts with licentiates to
provide services at alternative rates of payment pursuant to Section
10133 of the Insurance Code.
(iii) Any medical, psychological, marriage and family therapy,
social work, dental, or podiatric professional society having as
members at least 25 percent of the eligible licentiates in the area
in which it functions (which must include at least one county), which
is not organized for profit and which has been determined to be
exempt from taxes pursuant to Section 23701 of the Revenue and
Taxation Code.
(iv) A committee organized by any entity consisting of or
employing more than 25 licentiates of the same class that functions
for the purpose of reviewing the quality of professional care
provided by members or employees of that entity.
(2) "Licentiate" means a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and family
therapist, clinical social worker, or dentist. "Licentiate" also
includes a person authorized to practice medicine pursuant to Section
2113 or 2168.
(3) "Agency" means the relevant state licensing agency having
regulatory jurisdiction over the licentiates listed in paragraph (2).
(4) "Staff privileges" means any arrangement under which a
licentiate is allowed to practice in or provide care for patients in
a health facility. Those arrangements shall include, but are not
limited to, full staff privileges, active staff privileges, limited
staff privileges, auxiliary staff privileges, provisional staff
privileges, temporary staff privileges, courtesy staff privileges,
locum tenens arrangements, and contractual arrangements to provide
professional services, including, but not limited to, arrangements to
provide outpatient services.
(5) "Denial or termination of staff privileges, membership, or
employment" includes failure or refusal to renew a contract or to
renew, extend, or reestablish any staff privileges, if the action is
based on medical disciplinary cause or reason.
(6) "Medical disciplinary cause or reason" means that aspect of a
licentiate's competence or professional conduct that is reasonably
likely to be detrimental to patient safety or to the delivery of
patient care.
(7) "805 report" means the written report required under
subdivision (b).
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file an 805 report
with the relevant agency within 15 days after the effective date on
which any of the following occur as a result of an action of a peer
review body:
(1) A licentiate's application for staff privileges or membership
is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate's membership, staff privileges, or employment is
terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff
privileges, membership, or employment for a cumulative total of 30
days or more for any 12-month period, for a medical disciplinary
cause or reason.
(c) If a licentiate takes any action listed in paragraph (1), (2),
or (3) after receiving notice of a pending investigation initiated
for a medical disciplinary cause or reason or after receiving notice
that his or her application for membership or staff privileges is
denied or will be denied for a medical disciplinary cause or reason,
the chief of staff of a medical or professional staff or other chief
executive officer, medical director, or administrator of any peer
review body and the chief executive officer or administrator of any
licensed health care facility or clinic where the licentiate is
employed or has staff privileges or membership or where the
licentiate applied for staff privileges or membership, or sought the
renewal thereof, shall file an 805 report with the relevant agency
within 15 days after the licentiate takes the action.
(1) Resigns or takes a leave of absence from membership, staff
privileges, or employment.
(2) Withdraws or abandons his or her application for staff
privileges or membership.
(3) Withdraws or abandons his or her request for renewal of staff
privileges or membership.
(d) For purposes of filing an 805 report, the signature of at
least one of the individuals indicated in subdivision (b) or (c) on
the completed form shall constitute compliance with the requirement
to file the report.
(e) An 805 report shall also be filed within 15 days following the
imposition of summary suspension of staff privileges, membership, or
employment, if the summary suspension remains in effect for a period
in excess of 14 days.
(f) A copy of the 805 report, and a notice advising the licentiate
of his or her right to submit additional statements or other
information, electronically or otherwise, pursuant to Section 800,
shall be sent by the peer review body to the licentiate named in the
report. The notice shall also advise the licentiate that information
submitted electronically will be publicly disclosed to those who
request the information.
The information to be reported in an 805 report shall include the
name and license number of the licentiate involved, a description of
the facts and circumstances of the medical disciplinary cause or
reason, and any other relevant information deemed appropriate by the
reporter.
A supplemental report shall also be made within 30 days following
the date the licentiate is deemed to have satisfied any terms,
conditions, or sanctions imposed as disciplinary action by the
reporting peer review body. In performing its dissemination functions
required by Section 805.5, the agency shall include a copy of a
supplemental report, if any, whenever it furnishes a copy of the
original 805 report.
If another peer review body is required to file an 805 report, a
health care service plan is not required to file a separate report
with respect to action attributable to the same medical disciplinary
cause or reason. If the Medical Board of California or a licensing
agency of another state revokes or suspends, without a stay, the
license of a physician and surgeon, a peer review body is not
required to file an 805 report when it takes an action as a result of
the revocation or suspension.
(g) The reporting required by this section shall not act as a
waiver of confidentiality of medical records and committee reports.
The information reported or disclosed shall be kept confidential
except as provided in subdivision (c) of Section 800 and Sections
803.1 and 2027, provided that a copy of the report containing the
information required by this section may be disclosed as required by
Section 805.5 with respect to reports received on or after January 1,
1976.
(h) The Medical Board of California, the Osteopathic Medical Board
of California, and the Dental Board of California shall disclose
reports as required by Section 805.5.
(i) An 805 report shall be maintained electronically by an agency
for dissemination purposes for a period of three years after receipt.
(j) No person shall incur any civil or criminal liability as the
result of making any report required by this section.
(k) A willful failure to file an 805 report by any person who is
designated or otherwise required by law to file an 805 report is
punishable by a fine not to exceed one hundred thousand dollars
($100,000) per violation. The fine may be imposed in any civil or
administrative action or proceeding brought by or on behalf of any
agency having regulatory jurisdiction over the person regarding whom
the report was or should have been filed. If the person who is
designated or otherwise required to file an 805 report is a licensed
physician and surgeon, the action or proceeding shall be brought by
the Medical Board of California. The fine shall be paid to that
agency but not expended until appropriated by the Legislature. A
violation of this subdivision may constitute unprofessional conduct
by the licentiate. A person who is alleged to have violated this
subdivision may assert any defense available at law. As used in this
subdivision, "willful" means a voluntary and intentional violation of
a known legal duty.
(l) Except as otherwise provided in subdivision (k), any failure
by the administrator of any peer review body, the chief executive
officer or administrator of any health care facility, or any person
who is designated or otherwise required by law to file an 805 report,
shall be punishable by a fine that under no circumstances shall
exceed fifty thousand dollars ($50,000) per violation. The fine may
be imposed in any civil or administrative action or proceeding
brought by or on behalf of any agency having regulatory jurisdiction
over the person regarding whom the report was or should have been
filed. If the person who is designated or otherwise required to file
an 805 report is a licensed physician and surgeon, the action or
proceeding shall be brought by the Medical Board of California. The
fine shall be paid to that agency but not expended until appropriated
by the Legislature. The amount of the fine imposed, not exceeding
fifty thousand dollars ($50,000) per violation, shall be proportional
to the severity of the failure to report and shall differ based upon
written findings, including whether the failure to file caused harm
to a patient or created a risk to patient safety; whether the
administrator of any peer review body, the chief executive officer or
administrator of any health care facility, or any person who is
designated or otherwise required by law to file an 805 report
exercised due diligence despite the failure to file or whether they
knew or should have known that an 805 report would not be filed; and
whether there has been a prior failure to file an 805 report. The
amount of the fine imposed may also differ based on whether a health
care facility is a small or rural hospital as defined in Section
124840 of the Health and Safety Code.
(m) A health care service plan licensed under Chapter 2.2
(commencing with Section 1340) of Division 2 of the Health and Safety
Code or a disability insurer that negotiates and enters into a
contract with licentiates to provide services at alternative rates of
payment pursuant to Section 10133 of the Insurance Code, when
determining participation with the plan or insurer, shall evaluate,
on a case-by-case basis, licentiates who are the subject of an 805
report, and not automatically exclude or deselect these licentiates.
805.01. (a) As used in this section, the following terms have the
following definitions:
(1) "Agency" has the same meaning as defined in Section 805.
(2) "Formal investigation" means an investigation performed by a
peer review body based on an allegation that any of the acts listed
in paragraphs (1) to (4), inclusive, of subdivision (b) occurred.
(3) "Licentiate" has the same meaning as defined in Section 805.
(4) "Peer review body" has the same meaning as defined in Section
805.
(b) The chief of staff of a medical or professional staff or other
chief executive officer, medical director, or administrator of any
peer review body and the chief executive officer or administrator of
any licensed health care facility or clinic shall file a report with
the relevant agency within 15 days after a peer review body makes a
final decision or recommendation regarding the disciplinary action,
as specified in subdivision (b) of Section 805, resulting in a final
proposed action to be taken against a licentiate based on the peer
review body's determination, following formal investigation of the
licentiate, that any of the acts listed in paragraphs (1) to (4),
inclusive, may have occurred, regardless of whether a hearing is held
pursuant to Section 809.2. The licentiate shall receive a notice of
the proposed action as set forth in Section 809.1, which shall also
include a notice advising the licentiate of the right to submit
additional explanatory or exculpatory statements electronically or
otherwise.
(1) Incompetence, or gross or repeated deviation from the standard
of care involving death or serious bodily injury to one or more
patients, to the extent or in such a manner as to be dangerous or
injurious to any person or to the public. This paragraph shall not be
construed to affect or require the imposition of immediate
suspension pursuant to Section 809.5.
(2) The use of, or prescribing for or administering to himself or
herself, any controlled substance; or the use of any dangerous drug,
as defined in Section 4022, or of alcoholic beverages, to the extent
or in such a manner as to be dangerous or injurious to the
licentiate, any other person, or the public, or to the extent that
such use impairs the ability of the licentiate to practice safely.
(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 effort 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,
be reported for excessive prescribing and prompt review of the
applicability of these provisions shall be made in any complaint that
may implicate these provisions.
(4) Sexual misconduct with one or more patients during a course of
treatment or an examination.
(c) The relevant agency shall be entitled to inspect and copy the
following documents in the record of any formal investigation
required to be reported pursuant to subdivision (b):
(1) Any statement of charges.
(2) Any document, medical chart, or exhibit.
(3) Any opinions, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(d) The report provided pursuant to subdivision (b) and the
information disclosed pursuant to subdivision (c) shall be kept
confidential and shall not be subject to discovery, except that the
information may be reviewed as provided in subdivision (c) of Section
800 and may be disclosed in any subsequent disciplinary hearing
conducted pursuant to the Administrative Procedure Act (Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code).
(e) The report required under this section shall be in addition to
any report required under Section 805.
(f) A peer review body shall not be required to make a report
pursuant to this section if that body does not make a final decision
or recommendation regarding the disciplinary action to be taken
against a licentiate based on the body's determination that any of
the acts listed in paragraphs (1) to (4), inclusive, of subdivision
(b) may have occurred.
805.1. (a) The Medical Board of California, the Osteopathic Medical
Board of California, and the Dental Board of California shall be
entitled to inspect and copy the following documents in the record of
any disciplinary proceeding resulting in action that is required to
be reported pursuant to Section 805:
(1) Any statement of charges.
(2) Any document, medical chart, or exhibits in evidence.
(3) Any opinion, findings, or conclusions.
(4) Any certified copy of medical records, as permitted by other
applicable law.
(b) The information so disclosed shall be kept confidential and
not subject to discovery, in accordance with Section 800, except that
it may be reviewed, as provided in subdivision (c) of Section 800,
and may be disclosed in any subsequent disciplinary hearing conducted
pursuant to the Administrative Procedure Act (Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code).
805.2. (a) It is the intent of the Legislature to provide for a
comprehensive study of the peer review process as it is conducted by
peer review bodies defined in paragraph (1) of subdivision (a) of
Section 805, in order to evaluate the continuing validity of Section
805 and Sections 809 to 809.8, inclusive, and their relevance to the
conduct of peer review in California.
(b) The Medical Board of California shall contract with an
independent entity to conduct this study that is fair, objective, and
free from bias that is directly familiar with the peer review
process and does not advocate regularly before the board on peer
review matters or on physician and surgeon disciplinary matters.
(c) The study by the independent entity shall include, but not be
limited to, the following components:
(1) A comprehensive description of the various steps of and
decisionmakers in the peer review process as it is conducted by peer
review bodies throughout the state, including the role of other
related committees of acute care health facilities and clinics
involved in the peer review process.
(2) A survey of peer review cases to determine the incidence of
peer review by peer review bodies, and whether they are complying
with the reporting requirement in Section 805.
(3) A description and evaluation of the roles and performance of
various state agencies, including the State Department of Health
Services and occupational licensing agencies that regulate healing
arts professionals, in receiving, reviewing, investigating, and
disclosing peer review actions, and in sanctioning peer review bodies
for failure to comply with Section 805.
(4) An assessment of the cost of peer review to licentiates and
the facilities which employ them.
(5) An assessment of the time consumed by the average peer review
proceeding, including the hearing provided pursuant to Section 809.2,
and a description of any difficulties encountered by either
licentiates or facilities in assembling peer review bodies or panels
to participate in peer review decisionmaking.
(6) An assessment of the need to amend Section 805 and Sections
809 to 809.8, inclusive, to ensure that they continue to be relevant
to the actual conduct of peer review as described in paragraph (1),
and to evaluate whether the current reporting requirement is yielding
timely and accurate information to aid licensing boards in their
responsibility to regulate and discipline healing arts practitioners
when necessary, and to assure that peer review bodies function in the
best interest of patient care.
(7) Recommendat
