California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 1 — General ProvisionsArticle 13 — Standards for Licensure or CertificationSection 852

The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or a health care practitioner subject to this division acting within their scope of practice, for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, shall not, by itself, constitute professional misconduct under this division or any regulation governing the licensure, certification, or authorization of that licensee or practitioner, nor shall any license, certification, or authorization of a licensee or health care practitioner subject to this division be revoked, suspended, or annulled or otherwise subject to any other penalty or discipline provided in this division solely on the basis that the licensee or health care practitioner performed, recommended, or provided any legally protected health care activity for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health service is illegal.

Notes

Bars treating a licensee’s or regulated health care practitioner’s in-scope provision, recommendation, or performance of legally protected health care as professional misconduct solely because the patient lives in a state where that care is illegal. Also bars revocation, suspension, annulment, or other discipline under the division based solely on providing that protected care to such a patient.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 852 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-1/article-13/section-852

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