California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 4 - Disciplinary Proceedings › Section 4033 - Citations for Unregistered Businesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director or her or his designee may
				  issue citations, in accordance with Section
				  148 of the Code, against any
				  business who is performing or who has performed telephone medical advice for
				  which registration is required under the act or regulations governing telephone
				  medical advice services and is not or has not registered. "Telephone medical
				  advice" means a telephonic communication between a patient and a health care
				  professional, wherein the health care professional's primary function is to
				  provide to the patient a telephonic response to the patient's questions
				  regarding his or her or a family member's medical care or treatment. This
				  subdivision applies to businesses that are unregistered in
				  California.
(b) Each citation
				  issued under this section shall contain an order of abatement, where
				  appropriate.
(c) The director or
				  her or his designee shall consider the factors listed in Section
				  125.9 of the Code in determining
				  the amount of the fine to be assessed or the terms of the order of abatement in
				  any citation.
(d) The director or
				  her or his designee may, in her or his discretion, assess a fine not to exceed
				  $2,500 for the unregistered activity in accordance with Section
				  148 of the Code and issue an order
				  of abatement for any violation of the Code or regulations governing telephone
				  medical advice services.
(e) Each
				  citation shall be in writing and shall describe with particularity the nature
				  and facts of each violation specified in the citation, including a reference to
				  the statute or regulation alleged to have been violated.
(f) The Bureau shall service the citation
				  upon the cited business personally or by certified mail, return receipt
				  requested.
(g) The citation shall
				  inform the cited business of the right to a citation review conference
				  concerning the matter and of the right to an administrative hearing.
(h) The sanction authorized under this
				  section shall be separate from and in addition to any civil or criminal
				  remedy.
1. New
					 section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to
					 Business and Professions Code section
					 4999.9,
					 a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or
					 emergency language will be repealed by operation of law on the following day.
					 Submitted to OAL for printing only (Register 2000, No. 38).
2.
					 Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New
					 section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001,
					 No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-19-2001 order, including
					 renumbering of section
					 4033 to section
					 4034 and renumbering and amendment
					 of former section
					 4032 to section
					 4033, transmitted to OAL 7-16-2001
					 and filed 8-24-2001 (Register 2001, No. 34).
Note: Authority cited: Sections
						148
						and
						4999.6,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						4999.2
						and
						4999.3,
						Business and Professions Code.