Sections
116 entriesSection 2220Allows the board, unless law provides otherwise, to act against persons violating the chapter and requires enforcement for all physician-and-surgeon certificate holders,…Section 2220.01Requires the director to appoint an independent enforcement monitor by March 1, 2022, replace a terminated monitor within two months, and limit…Section 2220.05Requires the Medical Board and California Board of Podiatric Medicine to prioritize investigations and prosecutions involving the greatest threats, with death-or-serious-injury gross-negligence…Section 2220.08Requires expert review of most quality-of-care complaints before field investigation, including requested patient records, physician explanation, expert material, and additional information. Exempts…Section 2220.1Requires the board, before closing most quality-of-care complaints, to interview the complainant, patient, or identified patient representative; anonymous complaints or those lacking…Section 2220.2Requires the board, when a complaint is referred for field investigation, to offer the relevant complainant, patient, or patient representative an opportunity…Section 2220.5Establishes the Medical Board of California as the only licensing board authorized to investigate or begin disciplinary actions concerning physicians and surgeons…Section 2220.6Requires the board to investigate any licensee against whom an information or indictment alleges a violation of either specified statute, unless the…Section 2220.7Prohibits a physician and surgeon from including or allowing settlement terms in a civil dispute arising from practice that bar another party…Section 2221Allows the Medical Board to deny physician licensure for unprofessional conduct or other disciplinary grounds or issue a probationary certificate with conditions.…Section 2221.05Allows the board to issue a physician-and-surgeon certificate despite minor violations that, in its discretion, do not warrant denial or probation, and…Section 2221.1Requires the Medical Board and Podiatric Medical Board to investigate, and allows discipline of, regulated professionals who without good cause knowingly disregard…Section 2222Requires the California Board of Podiatric Medicine to enforce and administer the disciplinary article for licensed doctors of podiatric medicine, applying the…Section 2224Allows the board to delegate investigations, inspections, and institution of proceedings to its executive director or authorized personnel, but bars delegation of…Section 2225Allows Medical Board investigations to overcome physician-patient privilege while keeping patient names confidential except as necessary and generally limits office-record examination to…Section 2225.3Requires the Medical Board, California Board of Podiatric Medicine, and Attorney General to return original documents obtained under the referenced medical-record investigation…Section 2225.5Requires certified medical records within 15 days from licensees and 30 days from facilities, or 15 days for electronic-record facilities, with $1,000…Section 2225.7Requires an owner, corporate officer, or manager of a Board of Pharmacy-licensed entity to provide requested records to law enforcement or the…Section 2226Allows the Medical Quality Division or Health Quality Enforcement senior assistant attorney general to inspect licensed general or specialized hospitals and require…Section 2227Allows discipline after a hearing, default, or stipulation through revocation, suspension up to one year, probation with monitoring costs, public reprimand with…Section 2227.3Allows the board to delegate authority to issue a confidential advice letter resolving a minor, non-patient-care complaint, potentially requiring education or other…Section 2227.5Requires the board to retain a complaint alleging a licensee's unprofessional conduct when investigation finds insufficient evidence for discipline. The complaint must…Section 2228Allows probation imposed by the board or California Board of Podiatric Medicine to require additional training and examination, diagnostic examination, practice restrictions…Section 2228.1Requires medical/podiatric licensees on probation from July 1, 2019 for sexual misconduct, substance abuse, patient-harm convictions, or harmful prescribing with probation of…Section 2228.5Prohibits physicians from automatically denying treatment or medication to a qualified patient solely because of a positive tetrahydrocannabinol screen or reported medical-cannabis…Section 2229Establishes public protection as the highest disciplinary priority for the Division of Medical Quality, California Board of Podiatric Medicine, and specified administrative…Section 2230Requires unprofessional-conduct proceedings against licensees and applicants to follow the Administrative Procedure Act except where the chapter provides otherwise and to be…Section 2230.5Limits most board accusations to the earlier of three years after discovery or seven years after the act, excluding license-procurement fraud and…Section 2231Allows an administrative law judge designated under the referenced Government Code provision to use the statutory procedures governing matters that may be…Section 2232Requires automatic physician-license revocation for specified post-January 1, 1947 sex-offense convictions or sex-offender registration, with notice and a right to request a…Section 2232.5Requires automatic physician-license suspension after conviction of specified felonies and automatic revocation when that conviction becomes final, although the board may decline…Section 2233Allows the board, by stipulation or settlement after an investigation or inspection, to issue a public reprimand for a minor violation instead…Section 2234Requires the Medical Board to act against licensees charged with unprofessional conduct, including chapter violations, gross negligence, incompetence, dishonesty, intimidation, and repeated…Section 2234.1Exempts a physician from negligence or incompetence discipline solely because treatment or advice is alternative or complementary medicine, including Lyme Disease treatment,…Section 2235Requires the Senior Assistant Attorney General of the Health Quality Enforcement Section, upon division referral, to initiate action against a licensee who…Section 2236Defines conviction of an offense substantially related to physician qualifications, functions, or duties as unprofessional conduct, with the conviction record conclusively proving…Section 2236.1Requires automatic physician-license suspension during incarceration after a felony conviction and, for a substantially related felony, until finality and further order. Certain…Section 2236.2Requires a physician-and-surgeon certificate to be placed automatically on inactive status during any incarceration following a misdemeanor conviction. The board must restore…Section 2237Defines conviction of federal or state dangerous-drug or controlled-substance laws as unprofessional conduct and treats guilty pleas, guilty verdicts, and nolo contendere…Section 2238Defines a violation of any federal statute or regulation, or any California statute or regulation, governing dangerous drugs or controlled substances as…Section 2239Defines dangerous or impairing self-use of controlled substances, specified dangerous drugs, or alcohol, and more than one related misdemeanor or any related…Section 2240Requires physicians to report within 15 days any patient death from an outpatient procedure and any scheduled outpatient procedure causing hospital or…Section 2241Allows physicians treating substance use disorder to prescribe, dispense, or administer drugs for nonmaintenance purposes; maintenance or detoxification is limited to laws,…Section 2241.3Allows a physician and surgeon to prescribe a phototherapy device to a patient of any age, despite other law. “Phototherapy device” has…Section 2241.5Allows physicians to prescribe, dispense, or administer dangerous drugs or controlled substances for pain, including intractable pain, without discipline solely for compliant…Section 2241.6Requires the Division of Medical Quality to develop, before June 1, 2002, standards ensuring competent review of pain-management cases, including undertreatment, undermedication,…Section 2242Prohibits prescribing, dispensing, or furnishing dangerous drugs without an appropriate prior examination and medical indication. Exempts covering physicians or podiatrists for supplies…Section 2242.1Prohibits prescribing, dispensing, or furnishing dangerous drugs or devices over the Internet for delivery in California without an appropriate examination and medical…Section 2242.2Allows a physician and surgeon, qualifying nurse practitioners, a registered nurse, certified nurse-midwife, physician assistant, and pharmacist acting within their referenced scopes…Section 2243Requires the board, after federal referral and notice concerning a physician's failure to provide service required by a National Health Services Corps…Section 2244Requires a physician and surgeon collecting biological specimens for clinical testing to ensure specimens placed in a public location outside the licensee's…Section 2245Requires the Medical Board of California to review specified prescribing data quarterly, investigate when warranted, and take authorized action for legal violations…Section 2246Requires any proposed or final decision finding that a licensee committed specified sexual exploitation with a patient to include an order revoking…Section 2247Requires a licensee to satisfy the referenced Government Code requirements before evaluating either a peace-officer applicant's emotional and mental condition or a…Section 2248Requires a physician who examines a patient's prostate during a physical examination to provide information about appropriate diagnostic procedures, including the PSA…Section 2248.5Requires the State Department of Health Services to approve a patient-understandable prostate-cancer treatment summary and, beginning January 1, 2003, review any approved…Section 2249Requires the physician primarily responsible for an annual gynecological examination to give the patient an understandable standardized summary of gynecological-cancer symptoms and…Section 2250Defines willful failure to comply with the incorporated statutory and regulatory requirements governing informed consent for sterilization procedures as unprofessional conduct. The…Section 2251Defines prescribing, dispensing, administering, or furnishing liquid silicone for injection into a human breast or mammary as unprofessional conduct. The professional-conduct rule…Section 2252Defines violation of the referenced Health and Safety Code chapter governing cancer treatment, or violation of an injunction or cease-and-desist order issued…Section 2253Defines Reproductive Privacy Act noncompliance as unprofessional conduct and subjects persons performing abortions without a valid physician-and-surgeon license to the referenced section.…Section 2254Defines violation of the referenced Health and Safety Code provision governing research on aborted products of human conception as unprofessional conduct. The…Section 2255Defines violation of the referenced Health and Safety Code chapter governing unlawful patient referrals to extended care facilities as unprofessional conduct. The…Section 2256Defines any intentional violation of the specified Welfare and Institutions Code provisions governing the rights of involuntarily confined inpatients as unprofessional conduct.…Section 2257Defines violation of the referenced Health and Safety Code provision governing informed consent for breast-cancer treatment as unprofessional conduct. The rule incorporates…Section 2258Defines violation of the referenced Health and Safety Code provision concerning use of laetrile or amygdalin in cancer therapy as unprofessional conduct.…Section 2259Requires physicians to give silicone-implant surgery patients the standardized summary or authorized manufacturer information before surgery and document delivery; noncompliance is unprofessional…Section 2259.5Requires physicians to give collagen-injection surgery patients the standardized summary or authorized manufacturer information before surgery and document delivery; noncompliance is unprofessional…Section 2259.7Requires the Medical Board of California to adopt extraction and postoperative-care standards for physician-performed body liposuction outside a general acute care hospital,…Section 2259.8Prohibits elective cosmetic surgery unless, within 30 days before the procedure, the patient receives an appropriate physical examination and written clearance from…Section 2260Requires a physician removing sperm or ova to obtain written patient consent before use other than reimplantation in that patient or implantation…Section 2260.5Defines violation of the referenced Health and Safety Code provision governing human cloning as unprofessional conduct. The disciplinary rule makes a violation…Section 2261Defines knowingly making or signing a certificate or other document directly or indirectly related to medical or podiatric practice that falsely represents…Section 2262Defines fraudulent alteration or modification of a person's medical record, or creation of a false medical record with fraudulent intent, as unprofessional…Section 2263Defines a willful and unauthorized violation of professional confidence as unprofessional conduct. The disciplinary rule requires both that the breach of professional…Section 2264Defines directly or indirectly employing, aiding, or abetting an unlicensed person or a suspended, revoked, or unlicensed practitioner to practice medicine or…Section 2266Defines a physician and surgeon's failure to maintain adequate and accurate patient-service records for at least seven years after the patient's last…Section 2271Defines advertising that violates the referenced false-or-misleading-advertising statute as unprofessional conduct. The professional-discipline rule incorporates advertising violations covered by that provision and…Section 2272Defines advertising a medical practice without using the licensee's own name or an approved fictitious name as unprofessional conduct. The rule requires…Section 2273Prohibits employing runners, cappers, steerers, or others to procure patients unless otherwise lawful, making that conduct unprofessional. A second qualifying conviction, or…Section 2274Defines a licensee's use of words, letters, terms, prefixes, affixes, suffixes, or certificates implying entitlement to a medical practice for which the…Section 2275Allows a person meeting the stated pre-September 30, 1962 osteopathic-certificate and California medical-degree conditions to use “M.D.” after written application and written…Section 2276Prohibits use of the term or suffix “D.O.” by a certificate holder unless the holder received a doctor of osteopathy degree after…Section 2277Prohibits a certificate holder from using the term or suffix “D.P.M.” unless the holder received a doctor of podiatric medicine degree after…Section 2278Prohibits a person authorized under the chapter to use “doctor” or “Dr.” from using that title without also indicating the type of…Section 2280Prohibits a licensee from practicing medicine while impaired by narcotic drugs or alcohol to an extent that makes practice unsafe for the…Section 2281Prohibits a physician, surgeon, medical student, or clinical trainee from performing a pelvic examination on an anesthetized or unconscious female patient without…Section 2282Defines regular medical practice in a licensed general or specialized hospital with at least five physicians as unprofessional conduct if the hospital…Section 2282.5Establishes medical-staff self-governance rights over membership and privilege standards, quality oversight, officers, dues, independent counsel, and bylaws, subject to hospital-board approval that…Section 2283Defines regular medical practice in a licensed general or specialized hospital with fewer than five physicians as unprofessional conduct if the hospital…Section 2284Prohibits physicians, podiatrists, their groups, and medical or podiatry corporations from sharing an acupuncturist's fees or receiving consideration for referrals or diagnoses.…Section 2285Defines use by a licensee of a fictitious, false, assumed, or other practice name in public communications without a fictitious-name permit as…Section 2286Establishes as unprofessional conduct a licensee’s violation, attempted violation, direct or indirect assistance or abetment, or conspiracy to violate Article 18, the…Section 2287Defines buying, selling, bartering, or offering to trade medical or podiatric degrees or licensing evidence as unprofessional conduct. Also defines fraudulently procuring…Section 2288Defines impersonating an applicant or acting as an applicant's proxy in any examination required by the chapter for a certificate as unprofessional…Section 2289Defines impersonating another licensed practitioner, or allowing another person to use the licensee's certificate to practice medicine or podiatric medicine, as unprofessional…Section 2290Establishes that the referenced fraud provisions governing medical records, degrees, diplomas, certificates, and transcripts remain unaffected by this article. When an act…Section 2290.5Defines telehealth and requires the initiating health care provider to explain its use, obtain verbal or written consent before delivery, and document…Section 2291Prohibits a licensee who is not a member or authorized official of the applicable board from signing, issuing, or causing issuance of…Section 2292Allows a competency examination when investigation and expert review show reasonable cause based on gross negligence, inappropriate-prescribing patterns, serious injury-causing incompetence or…Section 2293Requires professional competency testing to be an audio-recorded oral clinical examination by three physician examiners, with failure when two assign failing grades.…Section 2294Bars the division from filing an incompetency accusation based solely on the circumstances that produced a competency examination when the physician passes…Section 2305Defines out-of-state or federal revocation, suspension, discipline, restriction, or limitation of authority to practice medicine as grounds for California disciplinary action for…Section 2306Prohibits a licensee whose right to practice medicine is suspended from practicing during the suspension term. Requires the Division of Medical Quality…Section 2307Allows disciplined-licensee petitions after five years for reinstatement, with a three-year good-cause exception; after the greater of two years or half of…Section 2307.5Allows the board to establish a fee for a person seeking license reinstatement or modification of a penalty under the referenced petition…Section 2310Requires certificate suspension for reported out-of-state or federal outright suspension or revocation, but permits declining or rescinding it for good cause. Sets…Section 2311Allows a county superior court, on application by the board or at least 10 physicians and surgeons or podiatrists licensed in the…Section 2312Requires the Division of Medical Quality to seek an injunction against a physician and surgeon within its jurisdiction when the division has…Section 2313Requires the board to report annually to the Legislature by October 1 on injunctive orders sought and issued, unprofessional-conduct discipline including prescribing…Section 2314Defines any violation of the article by a licensed or unlicensed person as a misdemeanor unless the article expressly provides otherwise. Sets…Section 2315Sets the default chapter misdemeanor penalty at a $200–$1,200 fine, 60–180 days’ imprisonment, or both, unless law provides otherwise. A first patient-procurement…Section 2316Requires the Office of the Attorney General, with board approval, to represent a licensed physician and surgeon who provided applicant or licensee…Section 2317Requires the board to defend a nonemployee expert or witness sued for defamation, malicious prosecution, or another civil claim directly resulting from…Section 2318Exempts persons and listed entities from civil damages for communicating to the medical or podiatric board or Department of Justice information indicating…Section 2319Sets a disciplinary-system improvement goal, targeted for January 1, 1992, of averaging no more than six months from complaint receipt through completion…