| 1 | | - | Senate Bill No. 1448 CHAPTER 570An act to add Sections 1007, 2228.1, 2228.5, 2459.4, 3663.5, and 4962 to the Business and Professions Code, relating to healing arts. [ Approved by Governor September 19, 2018. Filed with Secretary of State September 19, 2018. ] LEGISLATIVE COUNSEL'S DIGESTSB 1448, Hill. Healing arts licensees: probation status: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law establishes the California Board of Podiatric Medicine within the Medical Board of California for the licensing, regulation, and discipline of podiatrists. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce specified provisions of the Medical Practice Act with respect to its licensees. Existing law, the Naturopathic Doctors Act, establishes the Naturopathic Medicine Committee within the Osteopathic Medical Board of California for the licensing and regulation of naturopathic doctors. Existing law, the Chiropractic Act, enacted by an initiative measure, establishes the State Board of Chiropractic Examiners for the licensing and regulation of chiropractors. Existing law, the Acupuncture Licensure Act, establishes the Acupuncture Board for the licensing and regulation of acupuncturists. Existing law authorizes each of these regulatory entities to discipline its licensee by placing her or him on probation, as specified.This bill, on and after July 1, 2019, would require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, and the Acupuncture Board to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. The bill, on and after July 1, 2019, would require the Medical Board of California and the Osteopathic Medical Board of California to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, under specified circumstances. The bill would also require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, the Acupuncture Board, the Medical Board of California, and the Osteopathic Medical Board of California to provide specified information relating to licensees on probation on the regulatory entitys online license information Internet Web site.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018.SEC. 2. Section 1007 is added to the Business and Professions Code, to read:1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners.SEC. 3. Section 2228.1 is added to the Business and Professions Code, to read:2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.SEC. 4. Section 2228.5 is added to the Business and Professions Code, to read:2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine.SEC. 5. Section 2459.4 is added to the Business and Professions Code, to read:2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California.SEC. 6. Section 3663.5 is added to the Business and Professions Code, to read:3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime.SEC. 7. Section 4962 is added to the Business and Professions Code, to read:4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 1 | + | Enrolled September 07, 2018 Passed IN Senate August 31, 2018 Passed IN Assembly August 31, 2018 Amended IN Assembly August 23, 2018 Amended IN Assembly June 11, 2018 Amended IN Senate May 25, 2018 Amended IN Senate April 09, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1448Introduced by Senator Hill(Principal coauthor: Assembly Member Low)February 16, 2018An act to add Sections 1007, 2228.1, 2228.5, 2459.4, 3663.5, and 4962 to the Business and Professions Code, relating to healing arts.LEGISLATIVE COUNSEL'S DIGESTSB 1448, Hill. Healing arts licensees: probation status: disclosure.Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law establishes the California Board of Podiatric Medicine within the Medical Board of California for the licensing, regulation, and discipline of podiatrists. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce specified provisions of the Medical Practice Act with respect to its licensees. Existing law, the Naturopathic Doctors Act, establishes the Naturopathic Medicine Committee within the Osteopathic Medical Board of California for the licensing and regulation of naturopathic doctors. Existing law, the Chiropractic Act, enacted by an initiative measure, establishes the State Board of Chiropractic Examiners for the licensing and regulation of chiropractors. Existing law, the Acupuncture Licensure Act, establishes the Acupuncture Board for the licensing and regulation of acupuncturists. Existing law authorizes each of these regulatory entities to discipline its licensee by placing her or him on probation, as specified.This bill, on and after July 1, 2019, would require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, and the Acupuncture Board to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. The bill, on and after July 1, 2019, would require the Medical Board of California and the Osteopathic Medical Board of California to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, under specified circumstances. The bill would also require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, the Acupuncture Board, the Medical Board of California, and the Osteopathic Medical Board of California to provide specified information relating to licensees on probation on the regulatory entitys online license information Internet Web site.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018.SEC. 2. Section 1007 is added to the Business and Professions Code, to read:1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners.SEC. 3. Section 2228.1 is added to the Business and Professions Code, to read:2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.SEC. 4. Section 2228.5 is added to the Business and Professions Code, to read:2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine.SEC. 5. Section 2459.4 is added to the Business and Professions Code, to read:2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California.SEC. 6. Section 3663.5 is added to the Business and Professions Code, to read:3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime.SEC. 7. Section 4962 is added to the Business and Professions Code, to read:4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 11 | 25 | | |
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| 12 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 27 | | |
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| 14 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 29 | | |
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| 16 | 30 | | SB 1448, Hill. Healing arts licensees: probation status: disclosure. |
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| 17 | 31 | | |
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| 18 | 32 | | Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law establishes the California Board of Podiatric Medicine within the Medical Board of California for the licensing, regulation, and discipline of podiatrists. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce specified provisions of the Medical Practice Act with respect to its licensees. Existing law, the Naturopathic Doctors Act, establishes the Naturopathic Medicine Committee within the Osteopathic Medical Board of California for the licensing and regulation of naturopathic doctors. Existing law, the Chiropractic Act, enacted by an initiative measure, establishes the State Board of Chiropractic Examiners for the licensing and regulation of chiropractors. Existing law, the Acupuncture Licensure Act, establishes the Acupuncture Board for the licensing and regulation of acupuncturists. Existing law authorizes each of these regulatory entities to discipline its licensee by placing her or him on probation, as specified.This bill, on and after July 1, 2019, would require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, and the Acupuncture Board to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. The bill, on and after July 1, 2019, would require the Medical Board of California and the Osteopathic Medical Board of California to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, under specified circumstances. The bill would also require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, the Acupuncture Board, the Medical Board of California, and the Osteopathic Medical Board of California to provide specified information relating to licensees on probation on the regulatory entitys online license information Internet Web site. |
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| 19 | 33 | | |
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| 20 | 34 | | Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensing, regulation, and discipline of physicians and surgeons. Existing law establishes the California Board of Podiatric Medicine within the Medical Board of California for the licensing, regulation, and discipline of podiatrists. Existing law, the Osteopathic Act, enacted by an initiative measure, establishes the Osteopathic Medical Board of California for the licensing and regulation of osteopathic physicians and surgeons and requires the Osteopathic Medical Board of California to enforce specified provisions of the Medical Practice Act with respect to its licensees. Existing law, the Naturopathic Doctors Act, establishes the Naturopathic Medicine Committee within the Osteopathic Medical Board of California for the licensing and regulation of naturopathic doctors. Existing law, the Chiropractic Act, enacted by an initiative measure, establishes the State Board of Chiropractic Examiners for the licensing and regulation of chiropractors. Existing law, the Acupuncture Licensure Act, establishes the Acupuncture Board for the licensing and regulation of acupuncturists. Existing law authorizes each of these regulatory entities to discipline its licensee by placing her or him on probation, as specified. |
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| 21 | 35 | | |
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| 22 | 36 | | This bill, on and after July 1, 2019, would require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, and the Acupuncture Board to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. The bill, on and after July 1, 2019, would require the Medical Board of California and the Osteopathic Medical Board of California to require a licensee to provide a separate disclosure, as specified, to a patient or a patients guardian or health care surrogate before the patients first visit if the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, under specified circumstances. The bill would also require the California Board of Podiatric Medicine, the Naturopathic Medicine Committee, the State Board of Chiropractic Examiners, the Acupuncture Board, the Medical Board of California, and the Osteopathic Medical Board of California to provide specified information relating to licensees on probation on the regulatory entitys online license information Internet Web site. |
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| 23 | 37 | | |
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| 24 | 38 | | ## Digest Key |
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| 25 | 39 | | |
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| 26 | 40 | | ## Bill Text |
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| 27 | 41 | | |
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| 28 | 42 | | The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018.SEC. 2. Section 1007 is added to the Business and Professions Code, to read:1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners.SEC. 3. Section 2228.1 is added to the Business and Professions Code, to read:2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.SEC. 4. Section 2228.5 is added to the Business and Professions Code, to read:2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine.SEC. 5. Section 2459.4 is added to the Business and Professions Code, to read:2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California.SEC. 6. Section 3663.5 is added to the Business and Professions Code, to read:3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime.SEC. 7. Section 4962 is added to the Business and Professions Code, to read:4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 29 | 43 | | |
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| 30 | 44 | | The people of the State of California do enact as follows: |
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| 31 | 45 | | |
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| 32 | 46 | | ## The people of the State of California do enact as follows: |
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| 33 | 47 | | |
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| 34 | 48 | | SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018. |
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| 35 | 49 | | |
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| 36 | 50 | | SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018. |
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| 37 | 51 | | |
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| 38 | 52 | | SECTION 1. This act shall be known, and may be cited, as the Patients Right to Know Act of 2018. |
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| 39 | 53 | | |
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| 40 | 54 | | ### SECTION 1. |
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| 41 | 55 | | |
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| 42 | 56 | | SEC. 2. Section 1007 is added to the Business and Professions Code, to read:1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners. |
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| 43 | 57 | | |
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| 44 | 58 | | SEC. 2. Section 1007 is added to the Business and Professions Code, to read: |
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| 45 | 59 | | |
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| 46 | 60 | | ### SEC. 2. |
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| 47 | 61 | | |
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| 48 | 62 | | 1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners. |
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| 49 | 63 | | |
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| 50 | 64 | | 1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners. |
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| 51 | 65 | | |
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| 52 | 66 | | 1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Board for purposes of this section means the State Board of Chiropractic Examiners. |
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| 53 | 67 | | |
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| 54 | 68 | | |
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| 55 | 69 | | |
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| 56 | 70 | | 1007. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. |
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| 57 | 71 | | |
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| 58 | 72 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 59 | 73 | | |
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| 60 | 74 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 61 | 75 | | |
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| 62 | 76 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 63 | 77 | | |
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| 64 | 78 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 65 | 79 | | |
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| 66 | 80 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 67 | 81 | | |
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| 68 | 82 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 69 | 83 | | |
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| 70 | 84 | | (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site. |
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| 71 | 85 | | |
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| 72 | 86 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 73 | 87 | | |
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| 74 | 88 | | (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. |
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| 75 | 89 | | |
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| 76 | 90 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 77 | 91 | | |
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| 78 | 92 | | (4) The length of the probation and end date. |
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| 79 | 93 | | |
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| 80 | 94 | | (5) All practice restrictions placed on the license by the board. |
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| 81 | 95 | | |
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| 82 | 96 | | (e) Board for purposes of this section means the State Board of Chiropractic Examiners. |
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| 83 | 97 | | |
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| 84 | 98 | | SEC. 3. Section 2228.1 is added to the Business and Professions Code, to read:2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section. |
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| 85 | 99 | | |
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| 86 | 100 | | SEC. 3. Section 2228.1 is added to the Business and Professions Code, to read: |
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| 87 | 101 | | |
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| 88 | 102 | | ### SEC. 3. |
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| 89 | 103 | | |
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| 90 | 104 | | 2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section. |
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| 91 | 105 | | |
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| 92 | 106 | | 2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section. |
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| 93 | 107 | | |
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| 94 | 108 | | 2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section. |
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| 95 | 109 | | |
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| 96 | 110 | | |
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| 97 | 111 | | |
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| 98 | 112 | | 2228.1. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances: |
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| 99 | 113 | | |
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| 100 | 114 | | (1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following: |
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| 101 | 115 | | |
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| 102 | 116 | | (A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729. |
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| 103 | 117 | | |
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| 104 | 118 | | (B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely. |
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| 105 | 119 | | |
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| 106 | 120 | | (C) Criminal conviction directly involving harm to patient health. |
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| 107 | 121 | | |
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| 108 | 122 | | (D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more. |
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| 109 | 123 | | |
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| 110 | 124 | | (2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest. |
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| 111 | 125 | | |
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| 112 | 126 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 113 | 127 | | |
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| 114 | 128 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 115 | 129 | | |
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| 116 | 130 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 117 | 131 | | |
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| 118 | 132 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 119 | 133 | | |
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| 120 | 134 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 121 | 135 | | |
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| 122 | 136 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 123 | 137 | | |
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| 124 | 138 | | (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site. |
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| 125 | 139 | | |
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| 126 | 140 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 127 | 141 | | |
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| 128 | 142 | | (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. |
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| 129 | 143 | | |
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| 130 | 144 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 131 | 145 | | |
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| 132 | 146 | | (4) The length of the probation and end date. |
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| 133 | 147 | | |
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| 134 | 148 | | (5) All practice restrictions placed on the license by the board. |
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| 135 | 149 | | |
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| 136 | 150 | | (e) Section 2314 shall not apply to this section. |
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| 137 | 151 | | |
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| 138 | 152 | | SEC. 4. Section 2228.5 is added to the Business and Professions Code, to read:2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine. |
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| 139 | 153 | | |
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| 140 | 154 | | SEC. 4. Section 2228.5 is added to the Business and Professions Code, to read: |
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| 141 | 155 | | |
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| 142 | 156 | | ### SEC. 4. |
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| 143 | 157 | | |
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| 144 | 158 | | 2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine. |
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| 145 | 159 | | |
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| 146 | 160 | | 2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine. |
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| 147 | 161 | | |
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| 148 | 162 | | 2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) Section 2314 shall not apply to this section.(f) For purposes of this section:(1) Board means the California Board of Podiatric Medicine.(2) Licensee means a person licensed by the California Board of Podiatric Medicine. |
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| 149 | 163 | | |
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| 150 | 164 | | |
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| 151 | 165 | | |
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| 152 | 166 | | 2228.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. |
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| 153 | 167 | | |
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| 154 | 168 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 155 | 169 | | |
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| 156 | 170 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 157 | 171 | | |
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| 158 | 172 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 159 | 173 | | |
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| 160 | 174 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 161 | 175 | | |
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| 162 | 176 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 163 | 177 | | |
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| 164 | 178 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 165 | 179 | | |
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| 166 | 180 | | (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site. |
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| 167 | 181 | | |
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| 168 | 182 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 169 | 183 | | |
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| 170 | 184 | | (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. |
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| 171 | 185 | | |
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| 172 | 186 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 173 | 187 | | |
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| 174 | 188 | | (4) The length of the probation and end date. |
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| 175 | 189 | | |
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| 176 | 190 | | (5) All practice restrictions placed on the license by the board. |
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| 177 | 191 | | |
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| 178 | 192 | | (e) Section 2314 shall not apply to this section. |
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| 179 | 193 | | |
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| 180 | 194 | | (f) For purposes of this section: |
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| 181 | 195 | | |
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| 182 | 196 | | (1) Board means the California Board of Podiatric Medicine. |
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| 183 | 197 | | |
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| 184 | 198 | | (2) Licensee means a person licensed by the California Board of Podiatric Medicine. |
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| 185 | 199 | | |
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| 186 | 200 | | SEC. 5. Section 2459.4 is added to the Business and Professions Code, to read:2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California. |
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| 187 | 201 | | |
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| 188 | 202 | | SEC. 5. Section 2459.4 is added to the Business and Professions Code, to read: |
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| 189 | 203 | | |
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| 190 | 204 | | ### SEC. 5. |
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| 191 | 205 | | |
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| 192 | 206 | | 2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California. |
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| 193 | 207 | | |
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| 194 | 208 | | 2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California. |
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| 195 | 209 | | |
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| 196 | 210 | | 2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.(C) Criminal conviction directly involving harm to patient health.(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime.(f) For purposes of this section:(1) Board means the Osteopathic Medical Board of California.(2) Licensee means a person licensed by the Osteopathic Medical Board of California. |
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| 197 | 211 | | |
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| 198 | 212 | | |
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| 199 | 213 | | |
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| 200 | 214 | | 2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances: |
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| 201 | 215 | | |
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| 202 | 216 | | (1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following: |
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| 203 | 217 | | |
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| 204 | 218 | | (A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729. |
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| 205 | 219 | | |
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| 206 | 220 | | (B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely. |
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| 207 | 221 | | |
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| 208 | 222 | | (C) Criminal conviction directly involving harm to patient health. |
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| 209 | 223 | | |
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| 210 | 224 | | (D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more. |
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| 211 | 225 | | |
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| 212 | 226 | | (2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest. |
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| 213 | 227 | | |
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| 214 | 228 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 215 | 229 | | |
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| 216 | 230 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 217 | 231 | | |
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| 218 | 232 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 219 | 233 | | |
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| 220 | 234 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 221 | 235 | | |
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| 222 | 236 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 223 | 237 | | |
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| 224 | 238 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 225 | 239 | | |
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| 226 | 240 | | (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site. |
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| 227 | 241 | | |
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| 228 | 242 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 229 | 243 | | |
|---|
| 230 | 244 | | (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. |
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| 231 | 245 | | |
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| 232 | 246 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 233 | 247 | | |
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| 234 | 248 | | (4) The length of the probation and end date. |
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| 235 | 249 | | |
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| 236 | 250 | | (5) All practice restrictions placed on the license by the board. |
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| 237 | 251 | | |
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| 238 | 252 | | (e) A violation of this section shall not be punishable as a crime. |
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| 239 | 253 | | |
|---|
| 240 | 254 | | (f) For purposes of this section: |
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| 241 | 255 | | |
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| 242 | 256 | | (1) Board means the Osteopathic Medical Board of California. |
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| 243 | 257 | | |
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| 244 | 258 | | (2) Licensee means a person licensed by the Osteopathic Medical Board of California. |
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| 245 | 259 | | |
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| 246 | 260 | | SEC. 6. Section 3663.5 is added to the Business and Professions Code, to read:3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime. |
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| 247 | 261 | | |
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| 248 | 262 | | SEC. 6. Section 3663.5 is added to the Business and Professions Code, to read: |
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| 249 | 263 | | |
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| 250 | 264 | | ### SEC. 6. |
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| 251 | 265 | | |
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| 252 | 266 | | 3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime. |
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| 253 | 267 | | |
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| 254 | 268 | | 3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime. |
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| 255 | 269 | | |
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| 256 | 270 | | 3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the committee.(e) A violation of this section shall not be punishable as a crime. |
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| 257 | 271 | | |
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| 258 | 272 | | |
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| 259 | 273 | | |
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| 260 | 274 | | 3663.5. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the committee shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the committee, the committees telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the committees online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. |
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| 261 | 275 | | |
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| 262 | 276 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 263 | 277 | | |
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| 264 | 278 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 265 | 279 | | |
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| 266 | 280 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 267 | 281 | | |
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| 268 | 282 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 269 | 283 | | |
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| 270 | 284 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 271 | 285 | | |
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| 272 | 286 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 273 | 287 | | |
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| 274 | 288 | | (d) On and after July 1, 2019, the committee shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the committees online license information Internet Web site. |
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| 275 | 289 | | |
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| 276 | 290 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 277 | 291 | | |
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| 278 | 292 | | (2) For probation imposed by an adjudicated decision of the committee, the causes for probation stated in the final probationary order. |
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| 279 | 293 | | |
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| 280 | 294 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 281 | 295 | | |
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| 282 | 296 | | (4) The length of the probation and end date. |
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| 283 | 297 | | |
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| 284 | 298 | | (5) All practice restrictions placed on the license by the committee. |
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| 285 | 299 | | |
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| 286 | 300 | | (e) A violation of this section shall not be punishable as a crime. |
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| 287 | 301 | | |
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| 288 | 302 | | SEC. 7. Section 4962 is added to the Business and Professions Code, to read:4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 289 | 303 | | |
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| 290 | 304 | | SEC. 7. Section 4962 is added to the Business and Professions Code, to read: |
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| 291 | 305 | | |
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| 292 | 306 | | ### SEC. 7. |
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| 293 | 307 | | |
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| 294 | 308 | | 4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 295 | 309 | | |
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| 296 | 310 | | 4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 297 | 311 | | |
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| 298 | 312 | | 4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure.(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.(4) The licensee does not have a direct treatment relationship with the patient.(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site.(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.(4) The length of the probation and end date.(5) All practice restrictions placed on the license by the board.(e) A violation of this section shall not be punishable as a crime. |
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| 299 | 313 | | |
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| 300 | 314 | | |
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| 301 | 315 | | |
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| 302 | 316 | | 4962. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensees probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the boards telephone number, and an explanation of how the patient can find further information on the licensees probation on the licensees profile page on the boards online license information Internet Web site, to a patient or the patients guardian or health care surrogate before the patients first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019. |
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| 303 | 317 | | |
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| 304 | 318 | | (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patients guardian or health care surrogate, a separate, signed copy of that disclosure. |
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| 305 | 319 | | |
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| 306 | 320 | | (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: |
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| 307 | 321 | | |
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| 308 | 322 | | (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. |
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| 309 | 323 | | |
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| 310 | 324 | | (2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities. |
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| 311 | 325 | | |
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| 312 | 326 | | (3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit. |
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| 313 | 327 | | |
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| 314 | 328 | | (4) The licensee does not have a direct treatment relationship with the patient. |
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| 315 | 329 | | |
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| 316 | 330 | | (d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensees profile page on the boards online license information Internet Web site. |
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| 317 | 331 | | |
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| 318 | 332 | | (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. |
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| 319 | 333 | | |
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| 320 | 334 | | (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. |
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| 321 | 335 | | |
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| 322 | 336 | | (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. |
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| 323 | 337 | | |
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| 324 | 338 | | (4) The length of the probation and end date. |
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| 325 | 339 | | |
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| 326 | 340 | | (5) All practice restrictions placed on the license by the board. |
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| 327 | 341 | | |
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| 328 | 342 | | (e) A violation of this section shall not be punishable as a crime. |
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