California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5 — MedicineArticle 11.5 — Surgery in Certain Outpatient SettingsSection 2216.2
(a) It is unprofessional conduct for a physician and surgeon to fail to provide adequate security by liability insurance, or by participation in an interindemnity trust, for claims by patients arising out of surgical procedures performed outside of a general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(b) For purposes of this section, the board shall determine what constitutes adequate security.
(c) Nothing in this section shall require an insurer admitted to transact liability insurance in this state to provide coverage to a physician and surgeon.
(d) The security required by this section shall be acceptable only if provided by any one of the following:
(1) An insurer admitted pursuant to Section 700 of the Insurance Code to transact liability insurance in this state.
(2) An insurer that is eligible pursuant to Section 1765.1 of the Insurance Code.
(3) A cooperative corporation authorized by Section 1280.7 of the Insurance Code.
(4) An insurer licensed to transact liability insurance in at least one state of the United States.
Notes
Requires physicians and surgeons performing surgery outside a general acute care hospital to maintain board-determined adequate security for patient claims through liability insurance or an interindemnity trust; failure is unprofessional conduct. Limits acceptable security to the listed insurers or cooperative and states that an insurer admitted to transact liability insurance in the state is not required to provide coverage.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 2216.2 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-11-5/section-2216-2