reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 15 - Fees › Section 1352 - Renewal Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The biennial renewal fee for licenses or special faculty
					 permits which expire on or after January 1, 2007 shall be $805. The biennial
					 renewal fee for licenses or special faculty permits which expire on or after
					 July 1, 2009 shall be $783.
1. Amendment
					 filed 10-30-89 as an emergency; operative 2-1-90 (Register 89, No. 45). A
					 Certificate of Compliance must be transmitted to OAL within 120 days or
					 emergency language will be repealed by operation of law on 2-27-90. For prior
					 history, see Register 89, No. 7.
2. Certificate of Compliance as to
					 10-30-89 order including amendment transmitted to OAL 2-22-90 and filed 3-9-90
					 (Register 90, No. 11).
3. Editorial correction of text (Register 91,
					 No. 30).
4. Amendment filed 8-1-91; operative 8-1-91 pursuant to
					 Government Code section
					 11346.2(d)
					 (Register 91, No. 48).
5. Amendment filed 5-20-92; operative 6-19-92
					 (Register 92, No. 24).
6. Amendment filed 9-30-92 as an emergency;
					 operative 9-30-92 (Register 92, No. 40). A Certificate of Compliance must be
					 transmitted to OAL 1-28-93 or emergency language will be repealed by operation
					 of law on the following day.
7. Certificate of Compliance as to
					 9-30-92 order transmitted to OAL 12-21-92 and filed 2-2-93 (Register 93, No.
					 6).
8. Amendment filed 12-3-93 as an emergency; operative 1-1-94
					 (Register 93, No. 49). A Certificate of Compliance must be transmitted to OAL
					 by 4-30-94 or emergency language will be repealed by operation of law on the
					 following day.
9. Certificate of Compliance as to 12-3-93
					 transmitted to OAL 3-14-94 and filed 4-25-94 (Register 94, No.
					 17).
10. Amendment filed 12-29-94; operative 1-30-95 (Register 94,
					 No. 52).
11. Amendment of section and NOTE filed 1-8-99; operative
					 2-7-99 (Register 99, No. 2).
12. Amendment of section and NOTE filed
					 11-16-2006; operative 12-16-2006 (Register 2006, No. 46).
13.
					 Amendment filed 3-4-2009; operative 4-3-2009 (Register 2009, No.
					 10).
Note: Authority cited: Sections
						125.3,
						2018,
						2168.4
						and
						2436,
						Business and Professions Code. Reference: Sections
						125.3,
						2168.4
						and
						2435,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 15 - Fees › Section 1352.1 - Conversion Renewal Schedule. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-15-78 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 78, No. 7).
2. Repealer filed 8-5-81;
					 effective thirtieth day thereafter (Register 81, No.
					 32).
Note: Authority cited: Section
						2018,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 15 - Fees › Section 1352.2 - Penalty Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
					 2424 of the code, any physician
					 who does not renew his or her expired license or special faculty permit within
					 90 days of its date of expiration shall pay a penalty fee equal to 50% of the
					 biennial renewal fee currently in effect.
1. New
					 section filed 2-15-78 as an emergency; effective upon filing. Certificate of
					 Compliance included (Register 78, No. 7).
2. Amendment filed 8-5-81;
					 effective thirtieth day thereafter (Register 81, No. 32).
3.
					 Amendment filed 3-5-82; effective thirtieth day thereafter (Register 82, No.
					 10).
4. Amendment of section and NOTE filed 1-8-99; operative 2-7-99
					 (Register 99, No. 2).
Note: Authority cited: Sections
						2018,
						2168.4
						and
						2436,
						Business and Professions Code. Reference: Sections
						2168.4,
						2424
						and
						2435,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 15 - Fees › Section 1353 - Fictitious Name Permit Duplicate Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fee for a duplicate fictitious name permit shall be
					 $30.
1. New
					 section filed 1-8-99; operative 1-8-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 2). For prior history, see Register 95, No.
					 46.
Note: Authority cited: Sections
						2018,
						2415
						and
						2443,
						Business and Professions Code. Reference: Sections
						2415
						and
						2443,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 15 - Fees › Section 1354 - Fee for Specialty Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each specialty board or association applying for approval
					 from the Division of Licensing under section
					 651 of the code and section
					 1363.5 of these regulations shall
					 pay a fee of $4,030.
1. New
					 section filed 3-9-94; operative 4-8-94 (Register 94, No. 10). For prior
					 history, see Register 81, No. 32.
2. Amendment filed 2-3-99;
					 operative 3-5-99 (Register 99, No. 6).
Note: Authority cited: Sections
						651
						and
						2018,
						Business and Professions Code. Reference: Section
						651,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 1 - Licensing › Article 16 - Information Disclosure › Section 1354.5 - Requirements for Information Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following information, if known, will be disclosed upon
					 request regarding any physician and surgeon licensed in California:
(a) Current status of a license, issuance and
				  expiration date of a license, medical school of graduation and date of
				  graduation.
(b) Any public document
				  filed against any physician and surgeon, and any disposition thereof, including
				  but not limited to, accusations, decisions, temporary restraining orders,
				  interim suspension orders, citations, and public letters of reprimand.
				  Accusations which have been filed and later withdrawn shall be retained in the
				  board's files for a period of one year after the accusation was
				  withdrawn.
(c) Medical malpractice
				  judgments in excess of $30,000 reported to the board on or after January 1,
				  1993, including the amount of the judgment, the date of the judgment, the court
				  of jurisdiction, the case number, a brief summary of the circumstances as
				  provided by the court, and an appropriate disclaimer, including but not limited
				  to, the accuracy of the information provided.
(d) Discipline imposed by another state or
				  the federal government reported to the board on or after January 1, 1991,
				  including the discipline imposed, the date of the discipline, the state where
				  the discipline was imposed, and an appropriate disclaimer, including but not
				  limited to, the accuracy of the information provided.
(e) California felony convictions reported to
				  the board on or after January 1, 1991, including the nature of the conviction,
				  the date of conviction, the sentence, if known, the court of jurisdiction, and
				  an appropriate disclaimer, including but not limited to, the accuracy of the
				  information provided.
1. New
					 article 16 and section filed 10-26-95; operative 11-25-95 (Register 95, No.
					 43).
Note: Authority cited: Sections
						803,
						803.1
						and
						2018,
						Business and Professions Code. Reference: Sections
						803
						and
						803.1,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355 - Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Medical Board of California shall administer the
					 provisions of this chapter.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Change without regulatory effect amending chapter heading
					 and section filed 10-25-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2004,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.1 - Location of Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the Enforcement Program of the
					 Medical Board of California is located at 2005 Evergreen Street, Suite 1200,
					 Sacramento, California 95815.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Change without regulatory effect amending section filed
					 9-9-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 51).
3. Change without regulatory
					 effect amending section filed 10-25-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2019,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.2 - Tenses, Gender and Number. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New NOTE
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Repealer filed 8-9-83; effective thirtieth day thereafter
					 (Register 83, No. 33).
Note: Authority cited and Reference: Section
						2018,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context otherwise requires, for the purpose of
					 the regulations contained in this chapter,
(a) "Board" means the Medical Board of
				  California.
(b) "Division" means
				  the Medical Board of California.
(c) "Code" means the Business and Professions
				  Code.
(d) "License" means license,
				  certificate, or registration.
1. New NOTE
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter
					 (Register 83, No. 33).
3. Change without regulatory effect amending
					 subsection (a) filed 9-9-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 51).
4. Change without regulatory
					 effect amending subsection (b) filed 10-25-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 43).
5. Amendment of section and
					 NOTE filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2021, No. 4). (Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.)
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						23.7,
						2004,
						2018
						and
						2019,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.31 - Definitions Related to Reporting of Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Section
				  803.1 of the code,
(1) "Above average" settlement amount means a
				  settlement 17% and above the mean for that licensee's specialty.
(2) "Average" settlement amount means a
				  settlement less than 17% above and below the mean for that licensee's
				  specialty.
(3) "Below average"
				  settlement amount means a settlement 17% and below the mean for that licensee's
				  specialty.
(4) The "high risk"
				  specialties, based on a calculation of the estimated number of specialists (by
				  specialty) practicing in California who had three or more settlements within
				  the ten-year period preceding January 1, 2003, are neurological surgery,
				  obstetrics, orthopedic surgery, and plastic surgery.
(5) A "low risk" specialty is every specialty
				  not identified as a "high risk" specialty.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.4 - Notice to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A medical doctor shall provide notice to each patient of the fact that the
				  licensee is licensed and regulated by the board, and the license can be checked
				  and complaints against the licensee can be made through the board's website or
				  by contacting the board. The notice shall include a quick response (QR) code
				  that leads to the board's Notice to Consumer webpage at
https://www.mbc.ca.gov/licensing/Notice-to-Consumers.aspx
,
				  and shall contain the following statement and information:
NOTICE TO PATIENTS
Medical doctors are licensed and regulated by the
					 Medical Board of California.
To check up on a license or to file a complaint go
					 to
www.mbc.ca.gov
,
email: licensecheck@mbc.ca.gov,
or call (800) 633-2322.
(b) The notice required by this section shall
				  be provided by one of the following methods:
(1) Prominently posting the notice in an area
				  visible to patients on the premises where the licensee provides the licensed
				  services, in which case the notice shall be in at least 38-point type in Arial
				  font.
(2) Including the notice and
				  an acknowledgement of receipt and understanding in a written statement in a
				  language understood by the patient or patient representative, signed and dated
				  by the patient or the patient representative and retained in that patient's
				  medical records. The notice and acknowledgement of receipt and understanding
				  may be provided and maintained in an electronic format.
(3) Including the notice in a language
				  understood by the patient or patient representative in a statement on
				  letterhead, discharge instructions, or other document given to a patient or the
				  patient representative, where the notice is placed immediately above the
				  signature line for the patient in at least 14-point type.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1355.45 - Inactive License - Notice of Release from Misdemeanor Incarceration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of
				  subdivision (b) of section
				  2236.2 of the Code, "notice" means
				  a statement signed under penalty of perjury and dated by the licensee and
				  provided to the board by means of a facsimile transmission, regular mail, or
				  personal service at the option of the licensee. The statement shall include the
				  date and time of the licensee's release, his or her physician's and surgeon's
				  certificate number, and the name and location of the facility at which the
				  licensee was formerly incarcerated.
(b) Whenever a license is placed on inactive
				  status pursuant to section
				  2236.2 of the Code, the board
				  shall display the status of the license as follows: "Inactive License --
				  Misdemeanor Conviction. Licensee was convicted of a misdemeanor and is
				  currently incarcerated. No practice is permitted."
1. New
					 section filed 7-15-2013; operative 10-1-2013 (Register 2013, No.
					 29).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2236.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356 - Delegation of Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except for those powers reserved exclusively to the "agency
					 itself" under the Administrative Procedure Act Section
					 11500, et seq. of the Government
					 Code, the division delegates and confers upon the executive director of the
					 board, the assistant executive director, the medical consultant, chief of
					 enforcement, or his or her designee, all functions necessary to the dispatch of
					 business of the division in connection with investigative and administrative
					 proceedings under the jurisdiction of the division.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter
					 (Register 83, No. 33).
3. Change without regulatory effect amending
					 section filed 3-21-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 12).
4. Change without regulatory
					 effect amending section filed 2-26-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 9).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2220,
						2224
						and
						2230,
						Business and Professions Code; and Section
						11500,
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356.1 - Delegation to Medical Consultants. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 3).
2. Repealer filed 8-9-83; effective thirtieth day thereafter
					 (Register 83, No. 33).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2004,
						2224,
						2225,
						2226,
						2282,
						and
						2283,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356.2 - Statute of Limitations-Discovery of Act

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Section
				  2230.5 of the code, the word
				  "discovers" means, with respect to each act or omission alleged as the ground
				  for disciplinary action:
(1) the date the
				  board received a complaint or report describing the act or omission.
(2) the date, subsequent to the original
				  complaint or report, on which the board became aware of any additional acts or
				  omissions alleged as the ground for disciplinary action against the same
				  individual.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356.3 - Secure Area-Storage of Drugs in Physician's Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of section
					 4172 of the code, the phrase "area
					 which is secure" means a locked storage area within a physician's office. The
					 area shall be secure at all times. The keys to the locked storage area shall be
					 available only to staff authorized by the physician to have access
					 thereto.
1. New
					 section filed 8-8-96; operative 9-7-96 (Register 96, No. 32).
2.
					 Change without regulatory effect amending section and NOTE filed 4-13-98
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 98, No. 16).
Note: Authority cited: Sections
						2018
						and
						4172,
						Business and Professions Code. Reference: Section
						4172,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356.4 - Outpatient Surgery-Reporting of Death

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The reporting of a patient death that is required by
					 Section 2240(a) of the
					 code shall include the following information:
(a) The patients' full name, address, date of
				  birth, social security number, medical record number, and the physical location
				  of the medical record.
(b) The full
				  name, license number, practice specialty and the American Board of Medical
				  Specialties certification or certification by a board-approved specialty board,
				  if any, of the physician who performed the surgery.
(c) The date of the surgery; the name and
				  address of the outpatient setting where the surgery was performed; and the
				  circumstances of the patient's death.
(d) The full name of each entity which
				  licenses, certifies or accredits the outpatient setting where the surgery was
				  performed and the types of outpatient procedures performed at that
				  setting.
(e) The name and address
				  of the hospital or emergency center to which the patient was transferred or
				  admitted.
(f) The date of the
				  report and the full name of the person who completed the report.
1. New
					 section filed 10-31-2000; operative 11-30-2000 (Register 2000, No.
					 44).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2240,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 1 - General Provisions › Section 1356.5 - Filing Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An accusation or petition to revoke probation shall be
					 deemed "filed" on the date it is signed by the executive director or other
					 person described in section
					 1356.
1. New
					 section filed 5-21-2002; operative 6-20-2002 (Register 2002, No.
					 21).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2230.5,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this article.
(a) "Program" means the impaired physician
				  diversion program authorized pursuant to Article 14 (commencing with Section
				  2340) of the Medical Practice
				  Act.
(b) "Committee" means a
				  diversion evaluation committee.
1. New
					 Article 2 (Sections
					 1357-1357.8, not consecutive)
					 filed 7-3-80; effective thirtieth day thereafter (Register 80, No.
					 27).
2. Amendment of subsection (a), and repealer of subsection (c)
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32.)
Note: Authority cited and Reference: Section
						2018,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.1 - Criteria for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall meet the following criteria for
					 admission to the program:
(a) The
				  applicant shall be a licensed physician or be otherwise legally authorized to
				  practice medicine in this state.
(b) The applicant is found to abuse dangerous
				  drugs or alcoholic beverages, or suffer from mental or physical disability in a
				  manner which may affect the physician's ability to practice medicine safety or
				  competently.
(c) The applicant
				  shall have voluntarily requested admission to the program.
(d) The applicant agrees to undertake any
				  medical or psychiatric examinations ordered to evaluate the application for
				  participation in the program.
(e)
				  The applicant cooperates with the program by providing medical information,
				  disclosure authorizations and releases of liability as may be necessary for
				  participation in the program.
(f)
				  The applicant agrees in writing to cooperate with all elements of the diversion
				  agreement.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment of subsection (g) filed 10-5-2000; operative
					 11-4-2000 (Register 2001, No. 42).
3. Editorial correction
					 implementing printing of 10-5-2000 order (Register 2001, No. 42).
4.
					 Repealer of subsection (b) and subsection relettering filed 10-19-2001;
					 operative 11-18-2001 (Register 2001, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2350,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.2 - Procedure for Review of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Program staff and a committee, shall act
				  as consultants to the program manager for the purpose of interviewing each
				  applicant who requests admission to the program.
(b) The committee shall recommend such
				  medical and psychiatric examinations as may be necessary to determine the
				  applicant's eligibility for the program and request such other information,
				  authorizations, and releases necessary for the program.
(c) The committee shall make a recommendation
				  to the program manager whether the applicant should be admitted to the
				  program.
(d) The program manager's
				  decision on admission of an applicant to the program shall be final.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Change without regulatory effect amending subsection (a)
					 filed 3-21-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 12).
3. Change without regulatory
					 effect amending subsection (c) filed 11-24-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 48).
4. Amendment filed 10-19-2001;
					 operative 11-18-2001 (Register 2001, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2350,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.3 - Evaluating Physicians

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A physician selected by the program manager or his/her
					 designee to conduct medical and psychiatric evaluations of an applicant shall
					 be a licensed physician who is competent in his/her field of
					 specialty.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment of section heading and section filed 10-19-2001;
					 operative 11-18-2001 (Register 2001, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2350,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.4 - Causes for Denial of Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The program manager may deny an applicant admission to the
					 program for any of the following reasons:
(a) The applicant does not meet the
				  requirements set forth in Section
				  1357.1.
(b) The applicant has been disciplined by
				  another state medical licensing authority.
(c) Complaints or information have been
				  received by the division which indicate that the applicant may have violated a
				  provision of the Medical Practice Act or committed any other act that would be
				  grounds for discipline, excluding Sections
				  822 and
				  2239 of the code.
(d) The committee recommends that the
				  applicant will not substantially benefit from participation in the program or
				  that the applicant's participation in the program creates too great a risk to
				  the public health, safety or welfare.
1. Amendment
					 of subsection (c) filed 8-5-81; effective thirtieth day thereafter (Register
					 81, No. 32).
2. Change without regulatory effect amending subsection
					 (c) filed 7-26-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 31).
3. Amendment filed 10-19-2001;
					 operative 11-18-2001 (Register 2001, No. 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2350
						and
						2354,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.5 - Causes for Termination from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The program manager may terminate a physician's
					 participation in the program for any of the following reasons:
(a) The physician has failed to comply with
				  the diversion agreement, including but not limited to, failure to comply with
				  the prescribed monitoring or treatment regimen, use of alcohol or other
				  unauthorized drug; or refusal to stop practice when directed to do so by the
				  committee.
(b) Any cause for denial
				  of an applicant in Section
				  1357.4.
(c) The physician has failed to comply with
				  any of the requirements set forth in Section
				  1357.1.
(d) The committee recommends that the
				  physician will not benefit from further participation in or has not
				  substantially benefited from participation in the program or that the
				  physician's continued participation in the program creates too great a risk to
				  the public health, safety or welfare.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Repealer of subsections (a) and (b), redesignation of
					 subsections (b)(1)-(4) as (a)-(d), amendment of newly designated subsections
					 (a) and (d) and amendment of NOTE filed 10-5-2000; operative 11-4-2000
					 (Register 2001, No. 42).
3. Editorial correction implementing
					 printing of 10-5-2000 order (Register 2001, No. 42).
4. Amendment of
					 first paragraph and subsection (d) filed 10-19-2001; operative 11-18-2001
					 (Register 2001, No. 43).
Note: Authority cited: Sections
						2018
						and
						2355,
						Business and Professions Code. Reference: Sections
						2350,
						2351
						and
						2354,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.6 - Notification of Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever any physician who is self-referred is terminated
					 from the program and has been determined to present a threat to the public
					 health or safety, the program manager shall report such fact to the division,
					 without the inclusion of any confidential information as defined in Section
					 1357.8.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment filed 10-5-2000; operative 11-4-2000 (Register
					 2001, No. 42).
3. Editorial correction implementing printing of
					 10-5-2000 order (Register 2001, No. 42).
4. Amendment filed
					 10-19-2001; operative 11-18-2001 (Register 2001, No.
					 43).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2350
						and
						2355,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.8 - Confidentiality of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All board, division, committee and program records relating to a physician's
				  application to the program or participation in the program shall be kept
				  confidential pursuant to Section
				  2355 of the code, including all
				  information provided by the applicant, or by an examining physician, to the
				  program manager, a medical consultant, members of the committee, or other
				  employees of the division in connection with the program. Except as otherwise
				  provided in section
				  1357.9, such records shall be
				  purged when a physician's participation in the program is either completed or
				  terminated.
(b) All other
				  information or records received by the board prior to the acceptance of the
				  applicant into the program, or which do not relate to the physician's
				  application to the program, or which do not relate to the physician's
				  participation in the program, shall not be maintained in a confidential manner
				  as required by Section
				  2355 and may be utilized by the
				  board in any disciplinary or criminal proceedings instituted against the
				  physician.
1. Amendment
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Change without regulatory effect amending subsection (a)
					 filed 3-21-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 12).
3. Amendment of subsection (a)
					 filed 10-5-2000; operative 11-4-2000 (Register 2001, No. 42).
4.
					 Editorial correction implementing printing of 10-5-2000 order (Register 2001,
					 No. 42).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2346
						and
						2355,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 2 - Impaired Physician Program › Section 1357.9 - Retention of Diversion Program Participant Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The diversion program shall retain the following types of
					 records concerning a participant:
(a)
				  All intake reports and case analyses.
(b) All agreements and amendments
				  thereto.
(c) All correspondence
				  with the Enforcement Program.
(d)
				  All committee letters.
(e) All file
				  notes, laboratory and incident reports.
(f) Computerized records derived from any of
				  the foregoing types of documents.
1. New
					 section filed 10-5-2000; operative 11-4-2000 (Register 2001, No.
					 42).
2. Editorial correction implementing printing of 10-5-2000
					 order (Register 2001, No. 42).
Note: Authority cited: Sections
						2018
						and
						2355,
						Business and Professions Code. Reference: Section
						2355,
						Business and Professions Code.
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 - Requirements for Physicians on Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each physician and surgeon who has been placed on probation
					 by the Board shall be subject to the Board's Probation Program and shall be
					 required to fully cooperate with representatives of the Board and its
					 personnel. Such cooperation shall include, but is not necessarily limited to,
					 compliance with each term and condition in the order placing the physician and
					 surgeon on probation, and submission to biological fluid testing for the
					 purpose of determining the existence of alcohol, narcotics, other controlled
					 substances and/or dangerous drugs in his or her system. Such biological fluid
					 tests shall be made at the times and places required by the Board or its duly
					 authorized representative. Any monetary fees incurred as a result of a term or
					 condition of probation, or biological fluid testing, shall be borne by the
					 physician-probationer.
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Amendment filed 10-10-2017; operative 1-1-2018 (Register
					 2017, No. 41).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Sections
						2227,
						2228,
						and
						2229,
						Business and Professions Code.
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 1359 - Petitions for Reinstatement or Modification of Probation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition for modification or
				  termination of probation or a petition for reinstatement of a revoked
				  certificate shall be filed on a form provided by the division.
(b) Consideration shall be given to a
				  petition for reinstatement of license or modification or termination of
				  probation only when a formal request for such has been filed in the division's
				  office in Sacramento at least thirty (30) days before a regular meeting of the
				  division or appropriate medical quality review panel.
1. Repealer
					 of subsection (c) filed 4-11-80; effective thirtieth day thereafter (Register
					 80, No. 15).
2. Amendment of subsection (b) filed 8-5-81; effective
					 thirtieth day thereafter (Register 81, No. 32).
3. Amendment filed
					 8-9-83; effective thirtieth day thereafter (Register 83, No.
					 33).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2307,
						Business and Professions Code.
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 1359.1 - Petitions for Reinstatement of Revoked Certificates. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
Note: Authority cited: Section
						2018,
						Business and Professions Code.
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 1359.5 - Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No.
					 32).
2. Repealer filed 8-8-83; effective thirtieth day thereafter
					 (Register 83, No. 33).
Note: Authority cited: Section
						2018,
						Business and Professions Code. Reference: Section
						2307,
						Business and Professions Code.
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 1360 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension or
				  revocation of a license pursuant to Section
				  141 or Division 1.5 (commencing
				  with Section
				  475) of the code, a crime,
				  professional misconduct, or act shall be considered to be substantially related
				  to the qualifications, functions or duties of a person holding a license if to
				  a substantial degree it evidences present or potential unfitness of a person
				  holding a license to perform the functions authorized by the license in a
				  manner consistent with the public health, safety or welfare. Such crimes,
				  professional misconduct, or acts shall include but not be limited to the
				  following: Violating or attempting to violate, directly or indirectly, or
				  assisting in or abetting the violation of, or conspiring to violate any
				  provision of state or federal law governing the applicant's or licensee's
				  professional practice.
(b) In
				  making the substantial relationship determination required under subdivision
				  (a) for a crime, the board shall consider the following criteria:
(1) The nature and gravity of the
				  crime;
(2) The number of years
				  elapsed since the date of the crime; and
(3) The nature and duties of the
				  profession.
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 1360.1 - Rehabilitation Criteria for Suspensions or Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				  revocation of a license under Section
				  490 of the code on the ground that
				  a person holding a license has been convicted of a crime, the board shall
				  consider whether the licensee made a showing of rehabilitation if the licensee
				  completed the criminal sentence at issue without a violation of parole or
				  probation. In making this determination, the board shall consider the following
				  criteria:
(1) The nature and gravity of the
				  crime(s).
(2) The length(s) of the
				  applicable parole or probation period(s).
(3) The extent to which the applicable parole
				  or probation period was shortened or lengthened, and the reason(s) the period
				  was modified.
(4) The terms or
				  conditions of parole or probation and the extent to which they bear on the
				  licensee's rehabilitation.
(5) The
				  extent to which the terms or conditions of parole or probation were modified,
				  and the reason(s) for the modification.
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 1360.2 - Rehabilitation Criteria for Petitions for Reinstatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When considering a petition for reinstatement of a license
					 pursuant to the provisions of Section
					 2307,
					 2522,
					 or
					 3576.1
					 of the Business and Professions Code, or Section
					 11522 of
					 the Government Code, as applicable, the board or panel shall evaluate evidence
					 of rehabilitation submitted by the petitioner as follows:
(a) If the revocation was based in part on
				  the conviction of a crime, the board shall consider whether the petitioner made
				  a showing of rehabilitation if the petitioner completed the criminal sentence
				  at issue without a violation of parole or probation. In making this
				  determination, the board shall consider the following criteria:
(1) The nature and gravity of the
				  crime(s).
(2) The length(s) of the
				  applicable parole or probation period(s).
(3) The extent to which the applicable parole
				  or probation period was shortened or lengthened, and the reason(s) the period
				  was modified.
(4) The terms or
				  conditions of parole or probation and the extent to which they bear on the
				  petitioner's rehabilitation.
(5)
				  The extent to which the terms or conditions of parole or probation were
				  modified, and the reason(s) for the modification.