California CodesBusiness and Professions Code - BPCDivision 2 — Healing ArtsChapter 5 — MedicineArticle 12 — EnforcementSection 2294
(a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination administered, the division shall be precluded from filing an accusation of incompetency based solely on the circumstances giving rise to the reasonable cause for the examination.
(b) If the division determines there is insufficient cause to file an accusation based on the examination results, then all agency records of the proceedings, including the petition and order for the examination, investigative reports, if any, reports of staff or outside medical consultants, and the reports of the examiners, shall be kept confidential and shall not be subject to discovery or subpoena.
(c) If no further proceedings are conducted to determine the physician’s fitness to practice during a period of five years from the date of the petition under Section 2292, then the agency shall purge and destroy all records pertaining to the proceedings.
Notes
Bars the division from filing an incompetency accusation based solely on the circumstances that produced a competency examination when the physician passes that examination. If no accusation is warranted, proceeding records remain confidential and protected from discovery or subpoena, and if no further fitness proceedings occur for five years from the petition date, all related records must be destroyed.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 2294 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-2/chapter-5/article-12/section-2294