California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 1 — General ProvisionsArticle 11 — Professional ReportingSection 809.5

(a) Notwithstanding Sections 809 to 809.4, inclusive, a peer review body may immediately suspend or restrict clinical privileges of a licentiate where the failure to take that action may result in an imminent danger to the health of any individual, provided that the licentiate is subsequently provided with the notice and hearing rights set forth in Sections 809.1 to 809.4, inclusive, or, with respect to organizations specified in Section 809.7, with the rights specified in that section.

(b) When no person authorized by the peer review body is available to summarily suspend or restrict clinical privileges under circumstances specified in subdivision (a), the governing body of an acute care hospital, or its designee, may immediately suspend a licentiate’s clinical privileges if a failure to summarily suspend those privileges is likely to result in an imminent danger to the health of any individual, provided the governing body of the acute care hospital has, before the suspension, made reasonable attempts to contact the peer review body. A suspension by the governing body of an acute care hospital which has not been ratified by the peer review body within two working days, excluding weekends and holidays, after the suspension shall terminate automatically.

Notes

Allows a peer review body to immediately suspend or restrict clinical privileges when delay may create imminent danger, provided later notice and hearing rights are supplied. Allows an acute-care hospital governing body to act when peer reviewers are unavailable after reasonable contact attempts, but its suspension ends unless peer review ratifies it within two working days, excluding weekends and holidays.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 809.5 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-1/article-11/section-809-5

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