California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 1 — General ProvisionsArticle 6.5 — Open Payments Database NoticesSection 661

(a) A physician and surgeon shall provide to each patient at the initial office visit a written or electronic notice of the Open Payments database. The written notice shall include a signature from the patient or a patient representative and the date of signature.

(b) The written or electronic notice shall contain the following text:

“The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.”

(c) A physician and surgeon shall include in the electronic records for the patient a record of the notice pursuant to this section.

(d) If a physician and surgeon does not maintain electronic records, the physician and surgeon shall include the notice pursuant to this section in the written records.

(e) A physician and surgeon shall give to the patient or patient representative a copy of the signed and dated notice.

Notes

Requires physicians and surgeons to give each patient an Open Payments database notice at the initial office visit, obtain the patient’s or representative’s dated signature, retain a record of the notice, and provide a copy. Electronic records must contain the notice when maintained; otherwise it must be kept in the written patient record.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 661 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-1/article-6-5/section-661

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