| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 508Introduced by Senator ValladaresFebruary 19, 2025An act to amend Section 2052.5 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 508, as introduced, Valladares. Out-of-state physicians and surgeons: telehealth: license exemption.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physicians and surgeons certificate issued by the board.Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines telehealth as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.Existing law authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient, as defined. Existing law defines eligible patient as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and state of disease. This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer and would provide that cancer patients are not subject to the clinical trial requirement, as specified.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 2052.5 of the Business and Professions Code is amended to read:2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 508Introduced by Senator ValladaresFebruary 19, 2025An act to amend Section 2052.5 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 508, as introduced, Valladares. Out-of-state physicians and surgeons: telehealth: license exemption.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physicians and surgeons certificate issued by the board.Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines telehealth as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.Existing law authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient, as defined. Existing law defines eligible patient as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and state of disease. This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer and would provide that cancer patients are not subject to the clinical trial requirement, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate April 03, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate April 03, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 508 | |
| 14 | 14 | ||
| 15 | - | Introduced by Senator | |
| 15 | + | Introduced by Senator ValladaresFebruary 19, 2025 | |
| 16 | 16 | ||
| 17 | - | Introduced by Senator Valladares | |
| 17 | + | Introduced by Senator Valladares | |
| 18 | 18 | February 19, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 2052.5 of 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 508, as | |
| 26 | + | SB 508, as introduced, Valladares. Out-of-state physicians and surgeons: telehealth: license exemption. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physicians and surgeons certificate issued by the board.Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines telehealth as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.Existing law authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient, as defined. Existing law defines eligible patient as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and state of disease. This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer | |
| 28 | + | Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physicians and surgeons certificate issued by the board.Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines telehealth as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.Existing law authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient, as defined. Existing law defines eligible patient as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and state of disease. This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer and would provide that cancer patients are not subject to the clinical trial requirement, as specified. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physicians and surgeons certificate issued by the board. | |
| 31 | 31 | ||
| 32 | 32 | Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines telehealth as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patients health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers. | |
| 33 | 33 | ||
| 34 | 34 | Existing law authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient, as defined. Existing law defines eligible patient as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and state of disease. | |
| 35 | 35 | ||
| 36 | - | This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer | |
| 36 | + | This bill would expand the life-threatening disease requirement of an eligible patient to include a person who has been diagnosed with any stage of cancer and would provide that cancer patients are not subject to the clinical trial requirement, as specified. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 2052.5 of the Business and Professions Code is amended to read:2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 2052.5 of the Business and Professions Code is amended to read:2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 2052.5 of the Business and Professions Code is amended to read:2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer | |
| 48 | + | SECTION 1. Section 2052.5 of the Business and Professions Code is amended to read:2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 2052.5 of the Business and Professions Code is amended to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer | |
| 54 | + | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 55 | 55 | ||
| 56 | - | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer | |
| 56 | + | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 57 | 57 | ||
| 58 | - | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer | |
| 58 | + | 2052.5. (a) For purposes of this section, the following definitions apply:(1) Eligible patient means a person who meets all of the following requirements:(A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer.(B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:(i) The use of an eligible out-of-state physician and surgeons telehealth health care services.(ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician.(C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness.(D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.(2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness.(3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).(4) Telehealth has the same meaning as provided in Section 2290.5.(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | 62 | 2052.5. (a) For purposes of this section, the following definitions apply: | |
| 63 | 63 | ||
| 64 | 64 | (1) Eligible patient means a person who meets all of the following requirements: | |
| 65 | 65 | ||
| 66 | - | (A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer. | |
| 66 | + | (A) Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code or has been diagnosed with any stage of cancer. | |
| 67 | 67 | ||
| 68 | 68 | (B) Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following: | |
| 69 | 69 | ||
| 70 | 70 | (i) The use of an eligible out-of-state physician and surgeons telehealth health care services. | |
| 71 | 71 | ||
| 72 | 72 | (ii) The release of certified medical records to their primary physician and surgeon by the out-of-state physician. | |
| 73 | 73 | ||
| 74 | - | (C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness. | |
| 74 | + | (C) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patients current condition and stage of disease. This requirement shall not apply to patients diagnosed with cancer who are seeking treatment related to that illness. | |
| 75 | 75 | ||
| 76 | 76 | (D) Has documentation from their primary physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and, if applicable, (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patients mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf. | |
| 77 | 77 | ||
| 78 | 78 | (2) Eligible out-of-state physician and surgeon means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patients illness. | |
| 79 | 79 | ||
| 80 | 80 | (3) Primary physician and surgeon means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)). | |
| 81 | 81 | ||
| 82 | 82 | (4) Telehealth has the same meaning as provided in Section 2290.5. | |
| 83 | 83 | ||
| 84 | 84 | (b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient. |