California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 3 - Probation and Reinstatement of Suspended or Revoked Certificates › Section 1358.1 - Ethics Course Required as Condition of Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee who is required, as a condition of probation, to
					 complete an ethics course shall take and successfully complete a
					 professionalism program approved by the division that meets the requirements of
					 this section.
(a) Approved Provider.
				  The program provider shall be accredited by the Accreditation Council of
				  Continuing Medical Education (ACCME), or by an entity qualified in Section
				  1337, to sponsor continuing
				  medical education for physicians and surgeons and shall provide satisfactory
				  written evidence that its professionalism program meets all of the requirements
				  of this section.
(b) Criteria for
				  Acceptability of Program.
(1) Duration. The
				  course shall consist of a minimum of 22 hours, of which at least 14 are contact
				  hours and at least 8 additional hours are credited for preparation, evaluation
				  and assessment. The provider shall identify the number of continuing medical
				  education hours that will be credited upon successful completion of the
				  program.
(2) Faculty. Every
				  instructor shall either possess a valid unrestricted California professional
				  license or otherwise be qualified, by virtue of prior training, education and
				  experience, to teach an ethics or professionalism course at a university or
				  teaching institution. The provider shall submit with its application a
				  curriculum vitae for each instructor for approval by the division or its
				  designee.
(3) Educational
				  Objectives. There are clearly stated educational objectives that can be
				  realistically accomplished within the framework of the course.
(4) Methods of Instruction. The provider
				  shall describe the teaching methods for each component of the program, e.g.,
				  lecture, seminar, role-playing, group discussion, video, etc.
(5) Content. The program shall contain all of
				  the following components:
(A) A background
				  assessment to familiarize the provider and instructors with the factors that
				  led to the prospective candidate's referral to the class.
(B) A baseline assessment of knowledge to
				  determine the participant's knowledge/awareness of ethical and legal issues
				  related to the practice of medicine in California, including but not limited to
				  those legal and ethical issues related to the specific case(s) for which the
				  participant has been referred to the program.
(C) An assessment of the participant's
				  expectations of the program, recognition of need for change, and commitment to
				  change.
(D) Didactic presentation
				  of material related to those areas that were problems for the participants
				  based upon the results of the background assessments and baseline assessments
				  of knowledge.
(E) Experiential
				  exercises that allow the participants to practice concepts and newly developed
				  skills they have learned during the didactic section of the class.
(F) A longitudinal follow-up component that
				  includes (1) a minimum of two contacts at spaced intervals (e.g., 6 months and
				  12 months) within one year after course completion or prior to completion of
				  the participant's probationary period if probation is less than one year, to
				  assess the participant's status; and (2) a status report submitted to the
				  division within 10 calendar days after the last contact.
(6) Class Size. A class shall not exceed a
				  maximum of 12 participants.
(7)
				  Evaluation. The program shall include an evaluation method that documents that
				  educational objectives have been met -- e.g. written examination or written
				  evaluation -- and that provides for written follow-up evaluation at the
				  conclusion of the longitudinal assessment.
(8) Records. The provider shall maintain all
				  records pertaining to the program, including a record of the attendance for
				  each participant, for a minimum of 3 years and shall make those records
				  available for inspection and copying by the division or its designee.
(9) Program Completion. The provider shall
				  issue a certificate of completion to a participant who has successfully
				  completed the program. The provider shall also notify the division or its
				  designee in writing of its determination that a participant did not
				  successfully complete the program. The provider shall fail a participant who
				  either was not actively involved in the class or demonstrated behavior
				  indicating a lack of insight (e.g., inappropriate comments, projection of
				  blame). This notification shall be made within 10 calendar days of that
				  determination and shall be accompanied by all documents supporting the
				  determination.
(10) Change in
				  Course Content or Instructor. The provider shall report to the division any
				  change in course content or instructor within 30 calendar days after the date
				  of that change.