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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 920Introduced by Senator HurtadoFebruary 03, 2022 An act to amend Sections 2220.5 and 2330 of, and to add Section 2220.8 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 920, as introduced, Hurtado. Medical Board of California: investigations: record requests.Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records.Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a request to respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements are not considered for purposes of adjudication, but may be considered after final adjudication for purposes of setting generally applicable policies and standards. This bill would also allow these statements to be considered for purposes of adjudication.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. Section 2220.5 of the Business and Professions Code is amended to read:2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section.SEC. 2. Section 2220.8 is added to the Business and Professions Code, to read:2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor.SEC. 3. Section 2330 of the Business and Professions Code is amended to read:2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 920Introduced by Senator HurtadoFebruary 03, 2022 An act to amend Sections 2220.5 and 2330 of, and to add Section 2220.8 to, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 920, as introduced, Hurtado. Medical Board of California: investigations: record requests.Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records.Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a request to respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements are not considered for purposes of adjudication, but may be considered after final adjudication for purposes of setting generally applicable policies and standards. This bill would also allow these statements to be considered for purposes of adjudication.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate March 29, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate March 29, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 920 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator HurtadoFebruary 03, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Hurtado | |
| 18 | 18 | February 03, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Sections 2220.5 and 2330 of, and to add Section 2220.8 to, the Business and Professions Code, relating to healing arts. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 920, as | |
| 26 | + | SB 920, as introduced, Hurtado. Medical Board of California: investigations: record requests. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records.Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a | |
| 28 | + | Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records.Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a request to respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements are not considered for purposes of adjudication, but may be considered after final adjudication for purposes of setting generally applicable policies and standards. This bill would also allow these statements to be considered for purposes of adjudication. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. | |
| 31 | 31 | ||
| 32 | 32 | This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records. | |
| 33 | 33 | ||
| 34 | 34 | Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. | |
| 35 | 35 | ||
| 36 | - | This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a | |
| 36 | + | This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving such a request to respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy. | |
| 37 | 37 | ||
| 38 | - | The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These | |
| 38 | + | The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements are not considered for purposes of adjudication, but may be considered after final adjudication for purposes of setting generally applicable policies and standards. | |
| 39 | 39 | ||
| 40 | - | This bill would also allow these statements to be considered for purposes of adjudication. adjudication, and would require these statements to be made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. | |
| 41 | - | ||
| 42 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 43 | - | ||
| 44 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 40 | + | This bill would also allow these statements to be considered for purposes of adjudication. | |
| 45 | 41 | ||
| 46 | 42 | ## Digest Key | |
| 47 | 43 | ||
| 48 | 44 | ## Bill Text | |
| 49 | 45 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. Section 2220.5 of the Business and Professions Code is amended to read:2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section.SEC. 2. Section 2220.8 is added to the Business and Professions Code, to read:2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor.SEC. 3. Section 2330 of the Business and Professions Code is amended to read:2330. | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1. Section 2220.5 of the Business and Professions Code is amended to read:2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section.SEC. 2. Section 2220.8 is added to the Business and Professions Code, to read:2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor.SEC. 3. Section 2330 of the Business and Professions Code is amended to read:2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 51 | 47 | ||
| 52 | 48 | The people of the State of California do enact as follows: | |
| 53 | 49 | ||
| 54 | 50 | ## The people of the State of California do enact as follows: | |
| 55 | 51 | ||
| 56 | - | SECTION 1. Section 2220.5 of the Business and Professions Code is amended to read:2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 52 | + | SECTION 1. Section 2220.5 of the Business and Professions Code is amended to read:2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 57 | 53 | ||
| 58 | 54 | SECTION 1. Section 2220.5 of the Business and Professions Code is amended to read: | |
| 59 | 55 | ||
| 60 | 56 | ### SECTION 1. | |
| 61 | 57 | ||
| 62 | - | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 58 | + | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 63 | 59 | ||
| 64 | - | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 60 | + | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 65 | 61 | ||
| 66 | - | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 62 | + | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050.(1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records.(2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records.(b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division.(c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 67 | 63 | ||
| 68 | 64 | ||
| 69 | 65 | ||
| 70 | 66 | 2220.5. (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who have been issued a certificate pursuant to Section 2050. | |
| 71 | 67 | ||
| 72 | 68 | (1) At the discretion of the board, as part of an investigation, a board investigator and a medical consultant may inspect the business location and records of a physician or surgeon, including patient and client records. | |
| 73 | 69 | ||
| 74 | 70 | (2) If the board does not have the consent of a patient to inspect that patients records, a board investigator and a medical consultant may inspect records in the office of a licensee for the limited purpose of determining whether good cause exists to seek an investigative subpoena for those records. | |
| 75 | 71 | ||
| 76 | - | (b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning the violation of the Medical Practice Act or any other provision of this division. | |
| 72 | + | (b) For purposes of this section, investigate or commence disciplinary actions shall mean written, oral, or telephonic communication with a physician or surgeon concerning his or her the violation of the Medical Practice Act or any other provision of this division. | |
| 77 | 73 | ||
| 78 | 74 | (c) Written complaints that are subject to Section 43.96 of the Civil Code, relating to the professional conduct or professional competence of physicians and surgeons, shall be processed in accordance with that section. | |
| 79 | 75 | ||
| 80 | 76 | SEC. 2. Section 2220.8 is added to the Business and Professions Code, to read:2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor. | |
| 81 | 77 | ||
| 82 | 78 | SEC. 2. Section 2220.8 is added to the Business and Professions Code, to read: | |
| 83 | 79 | ||
| 84 | 80 | ### SEC. 2. | |
| 85 | 81 | ||
| 86 | 82 | 2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor. | |
| 87 | 83 | ||
| 88 | 84 | 2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor. | |
| 89 | 85 | ||
| 90 | 86 | 2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)).(b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy.(c) Notwithstanding Section 2314, violation of this section is not a misdemeanor. | |
| 91 | 87 | ||
| 92 | 88 | ||
| 93 | 89 | ||
| 94 | 90 | 2220.8. (a) As part of an investigation, the board may request records and other information from a pharmacist licensed under the Pharmacy Law (Chapter 9 (commencing with Section 4000)). | |
| 95 | 91 | ||
| 96 | 92 | (b) Upon receiving a request from the board, a pharmacist shall respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy. | |
| 97 | 93 | ||
| 98 | 94 | (c) Notwithstanding Section 2314, violation of this section is not a misdemeanor. | |
| 99 | 95 | ||
| 100 | - | SEC. 3. Section 2330 of the Business and Professions Code is amended to read:2330. | |
| 96 | + | SEC. 3. Section 2330 of the Business and Professions Code is amended to read:2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 101 | 97 | ||
| 102 | 98 | SEC. 3. Section 2330 of the Business and Professions Code is amended to read: | |
| 103 | 99 | ||
| 104 | 100 | ### SEC. 3. | |
| 105 | 101 | ||
| 106 | - | 2330. | |
| 102 | + | 2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 107 | 103 | ||
| 108 | - | 2330. | |
| 104 | + | 2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 109 | 105 | ||
| 110 | - | 2330. | |
| 106 | + | 2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards.Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 111 | 107 | ||
| 112 | 108 | ||
| 113 | 109 | ||
| 114 | - | 2330. | |
| 110 | + | 2330. Complainants against licensees of the board, including licensees of allied health boards within the jurisdiction of the board, and of the Board of Podiatric Medicine, who are subject to formal disciplinary proceedings shall be notified of the actions proposed to be taken against the licensee. This notification shall be provided only to complainants who are known to the boards. | |
| 115 | 111 | ||
| 116 | - | Complainants | |
| 117 | - | ||
| 118 | - | ||
| 119 | - | ||
| 120 | - | (b) (1) Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. | |
| 121 | - | ||
| 122 | - | (2) Any statement made pursuant to paragraph (1) shall be made under penalty of perjury. | |
| 123 | - | ||
| 124 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 125 | - | ||
| 126 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 127 | - | ||
| 128 | - | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 129 | - | ||
| 130 | - | ### SEC. 4. | |
| 112 | + | Complainants shall be given an opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. These statements shall not be considered by a panel of the division, the Board of Podiatric Medicine, or other board for purposes of adjudicating the case to which the statement pertains, but pertains. These statements may also be considered by the division or those boards after the case is finally adjudicated for purposes of setting generally applicable policies and standards. |