California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5 — MedicineArticle 12 — EnforcementSection 2220.1

(a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin.

(b)(1) Before a complaint within the jurisdiction of the board pertaining to the quality-of-care that a licensee provided to their patient may be closed, the board shall conduct an interview with the complainant, the patient, or the patient’s representative, if one is identified in the complaint.

(2) This subdivision shall not apply to complaints that are submitted anonymously or without the contact information of the complainant, patient, or a patient representative.

(c) If the board’s request for an interview is declined by the complainant, patient, or a patient representative identified in the complaint, or the board has not received a response within 30 calendar days, the board may close the complaint, if otherwise warranted.

(d) If, after the complaint is closed, the complainant, patient, or patient representative provides additional information pertinent to that complaint, the board may reopen the matter, subject to the provisions of Section 2230.5.

(e) The Legislature finds and declares that the board requires additional staff positions to implement this section. Therefore, this section shall only become operative six months following the allocation of positions to the board for the implementation of these provisions in the annual Budget Act.

Notes

Requires the board, before closing most quality-of-care complaints, to interview the complainant, patient, or identified patient representative; anonymous complaints or those lacking contact information are exempt. If an interview is declined or unanswered for 30 calendar days, closure may proceed, and later pertinent information may support reopening; the rule becomes operative six months after required staff positions are funded.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 2220.1 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-12/section-2220-1

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