reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In reaching a decision on a disciplinary action under the Administrative
				  Procedure Act (Government Code section
				  11400 et
				  seq.), the Medical Board of California shall consider the disciplinary
				  guidelines entitled "Manual of Model Disciplinary Orders and Disciplinary
				  Guidelines" (12th Edition/2016) which are hereby incorporated by reference.
				  Deviation from these orders and guidelines, including the standard terms of
				  probation, is appropriate where the Board in its sole discretion determines by
				  adoption of a proposed decision or stipulation that the facts of the particular
				  case warrant such a deviation -- for example: the presence of mitigating
				  factors; the age of the case; evidentiary problems.
(b) Notwithstanding subsection (a), the Board
				  shall use the Uniform Standards for Substance-Abusing Licensees as provided in
				  section 1361.5, without deviation, for
				  each individual determined to be a substance-abusing licensee.
(c) Nothing in this section or section
				  1361.5 shall be construed as a
				  limitation on the Board's authority to seek an interim suspension order against
				  a licensee pursuant to section
				  11529 of
				  the Government Code.
1. Amendment
					 of article heading and new section filed 5-1-97; operative 5-31-97 (Register
					 97, No. 18). For prior history, see Register 95, No. 33.
2.
					 Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No.
					 4).
3. Amendment of section and NOTE filed 9-29-2003; operative
					 10-29-2003 (Register 2003, No. 40).
4. Amendment filed 8-15-2008;
					 operative 9-14-2008 (Register 2008, No. 33).
5. Amendment filed
					 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
6.
					 Amendment of article heading, section heading, section and NOTE filed
					 3-25-2015; operative 7-1-2015 (Register 2015, No. 13).
7. Amendment
					 of subsection (a) and NOTE filed 1-5-2017; operative 1-5-2017 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 1).
Note: Authority cited: Sections
						315,
						315.2,
						315.4
						and
						2018,
						Business and Professions Code; and Section
						11400.20,
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						2227,
						2228,
						2229
						and
						2234,
						Business and Professions Code; and Sections
						11400.20,
						11425.50(e)
						and
						11529,
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.51 - Results of Biological Fluid Tests of Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the results
				  of a biological fluid test indicate that a licensee has used, consumed,
				  ingested, or administered to himself or herself a prohibited substance, the
				  Board shall order the licensee to cease practice and instruct the licensee to
				  leave any place of work where he or she is practicing medicine or providing
				  medical services. The Board shall also immediately notify all of the licensee's
				  employers, and supervisors as defined under section
				  1361.5(c)(2), if
				  any, and work site monitor, if any, that the licensee may not provide medical
				  services or practice medicine while the cease-practice order is in
				  effect.
(b) A biological fluid test
				  will not be considered negative if a positive result is obtained while
				  practicing, even if the practitioner holds a valid prescription for the
				  substance.
(c) After the issuance
				  of a cease-practice order, the Board shall determine whether the positive
				  biological fluid test is in fact evidence of prohibited substance use by
				  consulting with the specimen collector and the laboratory, communicating with
				  the licensee, his or her treating physician(s), other health care provider, or
				  group facilitator, as applicable.
(d) If no prohibited substance use exists,
				  the Board shall lift the cease-practice order within one (1) business
				  day.
(e) For the purposes of this
				  Article, "prohibited substance" means an illegal drug; a lawful drug not
				  prescribed or ordered by an appropriately licensed health care provider for use
				  by the licensee and approved by the Board; alcohol; or other substance the
				  licensee has been instructed by the Board not to use, consume, ingest, or
				  administer to himself or herself.
(f) If the Board confirms that a positive
				  biological fluid test is evidence of use of a prohibited substance, the
				  licensee has committed a major violation, as defined in section
				  1361.52, and the Board shall
				  impose any or all of the consequences set forth in section
				  1361.52, in addition to any other
				  terms or conditions the Board determines are necessary for public protection or
				  to enhance the rehabilitation of the licensee.
1. New
					 section filed 3-25-2015; operative 7-1-2015 (Register 2015, No.
					 13).
Note: Authority cited: Sections
						315,
						315.2,
						315.4
						and
						2018,
						Business and Professions Code; and Section
						11400.20,
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						2227,
						2228,
						2229
						and
						2234,
						Business and Professions Code; and Sections
						11400.20
						and
						11425.50(e),
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.52 - Actions by Substance-Abusing Licensees and Consequences Thereof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee who
				  does any of the following shall be deemed to have committed a major violation
				  of his or her probation:
(1) Fails to undergo
				  a required clinical diagnostic evaluation;
(2) Commits multiple minor violations of
				  probation conditions and terms;
(3)
				  Treats a patient or patients while under the influence of a prohibited
				  substance;
(4) Engage in any drug
				  or alcohol related act that is a violation of state or federal law or
				  regulation;
(5) Fails to undergo
				  biological fluid testing when ordered;
(6) Uses, consumes, ingests, or administers
				  to himself or herself a prohibited substance;
(7) Knowingly uses, makes, alters, or
				  possesses any object or product in such a way as to defraud or attempt to
				  defraud a biological fluid test designed to detect the presence of a prohibited
				  substance; or
(8) Fails to comply
				  with any term or condition of his or her probation that impairs public
				  safety.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.53 - Request by a Substance-Abusing Licensee to Return to Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before determining whether to authorize the return to
					 practice after the issuance of a cease-practice order or after the imposition
					 of practice restrictions following a clinical diagnostic evaluation, the Board
					 in conjunction with the evaluator shall ensure that the licensee meets the
					 following criteria:
(a) A
				  demonstration of sustained compliance with his or her current treatment or
				  recovery program, as applicable;
(b) A demonstration of the capability to
				  practice medicine safely as evidenced by current worksite monitor reports (if
				  currently being monitored), evaluations conducted by licensed health care
				  practitioners, and any other information relating to the licensee's substance
				  abuse and recovery therefrom; and
(c) Negative biological fluid tests or
				  biological fluid tests indicating that a licensee has not used, consumed,
				  ingested, or administered to himself or herself a prohibited substance, as
				  defined in section
				  1361.51(e), for
				  at least six (6) months; two (2) positive worksite monitor reports (if
				  currently being monitored); and complete compliance with other terms and
				  conditions of probation.
1. New
					 section filed 3-25-2015; operative 7-1-2015 (Register 2015, No.
					 13).
Note: Authority cited: Sections
						315,
						315.2,
						315.4
						and
						2018,
						Business and Professions Code; and Section
						11400.20,
						Government Code. Reference: Sections
						315,
						315.2,
						315.4,
						2227,
						2228,
						2229
						and
						2234,
						Business and Professions Code; and Sections
						11400.20
						and
						11425.50(e),
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1361.55 - Reporting Requirements Relating to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall
				  report the following information on a yearly basis to the Department of
				  Consumer Affairs and the Legislature as it relates to licensees with substance
				  abuse problems who are on probation:
(1)
				  Number of probationers whose conduct was related to a substance abuse
				  problem;
(2) Number of relapses
				  (break in sobriety);
(3) Number of
				  cease-practice orders;
(4) Number
				  of suspensions;
(5) Number of major
				  violations; nature of violation and action taken;
(6) Number of petitions to revoke probation
				  filed; and
(7) Number of licensees
				  who successfully completed probation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4.5 - Monitoring of Peer Review Disability Investigations [Repealed] › Section 1362 - Peer Review Body Disability Investigations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 article 4.5 (sections
					 1362-1362.1) and section filed
					 8-21-97; operative 9-20-97 (Register 97, No. 34). For prior history, see
					 Register 95, No. 33.
2. Change without regulatory effect repealing
					 article 4.5 (sections
					 1362-1362.1) and section filed
					 10-25-2018 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2018, No. 43).
Note: Authority cited: Sections
						821.6
						and
						2018,
						Business and Professions Code. Reference: Section
						821.5,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 4.5 - Monitoring of Peer Review Disability Investigations [Repealed] › Section 1362.1 - Form of Report. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-21-97; operative 9-20-97 (Register 97, No. 34).
2.
					 Change without regulatory effect repealing section filed 10-25-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 43).
Note: Authority cited: Sections
						821.6
						and
						2018,
						Business and Professions Code. Reference: Sections
						821.5
						and
						821.6,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 5 - Advertising and Standards of Practice › Section 1363 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed physician may advertise the provision of any
					 medical services authorized to be provided by such license in a manner
					 authorized by Section
					 651 of the code so long as such
					 advertising does not promote the excessive or unnecessary use of such
					 services.
1. Amendment
					 of article title and new section filed 4-11-80; effective thirtieth day
					 thereafter (Register 80, No. 15).
2. Amendment of NOTE filed 8-5-81;
					 effective thirtieth day thereafter (Register 81, No.
					 32).
Note: Authority cited: Sections
						651
						and
						2018,
						Business and Professions Code. Reference: Sections
						651,
						651.3
						and
						2271,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 5 - Advertising and Standards of Practice › Section 1363.5 - Advertising of Specialty Board Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in this section,
(1) "specialty board" means a board or
				  association which certifies physicians in a specialty or subspecialty area of
				  medicine.
(2) "Specialty or
				  subspecialty area of medicine" means a distinct and well-defined field of
				  medical practice. It includes special concern with diagnostic and therapeutic
				  modalities of patients' health problems, or it may concern health problems
				  according to age, sex, organ system, body region, or the interaction between
				  patients and their environment. A medical specialty promotes the standards of
				  practice within its specialty association.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 5 - Advertising and Standards of Practice › Section 1364 - Ophthalmic Devices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The minimum quality standards for prescription ophthalmic
					 devices sold, dispensed or furnished by ophthalmologists are the current
					 standards of the American National Standard Institute Z80.1 and
					 Z80.2.
1. Amendment
					 filed 4-11-80; effective thirtieth day thereafter (Register 80. No.
					 15).
2. Amendment of NOTE filed 8-5-81; effective thirtieth day
					 thereafter (Register 81, No. 32).
Note: Authority cited: Sections
						2018
						and
						2541.3,
						Business and Professions Code. Reference: Section
						2541.3,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.10 - Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this article, "board
				  official" shall mean the executive director of the board or his or her
				  designee.
(b) A board official is
				  authorized to determine when and against whom a citation will be issued and to
				  issue citations containing orders of abatement and fines for violations by a
				  licensed physician or surgeon, licensed midwife, or polysomnographic
				  technologist, technician, or trainee of the statutes and regulations referred
				  to in Section
				  1364.11.
(c) A citation shall be issued whenever any
				  fine is levied or any order of abatement is issued. Each citation shall be in
				  writing and shall describe with particularity the nature and facts of the
				  violation, including a reference to the statute or regulations alleged to have
				  been violated. The citation shall be served upon the individual personally or
				  by certified mail.
1. New
					 article 6 and section filed 3-24-94; operative 4-25-94 (Register 94, No.
					 12).
2. Amendment of subsection (a) filed 11-25-96; operative
					 12-25-96 (Register 96, No. 48).
3. Change without regulatory effect
					 amending subsection (a) filed 2-26-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 9).
4. Amendment of subsection (a)
					 filed 8-31-2015; operative 8-31-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 36).
5. Amendment of subsection (b) filed
					 10-19-2017; operative 1-1-2018 (Register 2017, No.
					 42).
Note: Authority cited: Sections
						125.9,
						148
						and
						2018,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.10 - Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this article, "Board official" shall mean the executive director of
				  the Board or their designee.
(b) A
				  Board official is authorized to determine when and against whom a citation will
				  be issued and to issue citations, which may contain orders of abatement and/or
				  fines, to any person who holds a license, certificate, registration, or permit
				  from the Board (licensee) for violation of the statutes and regulations
				  referred to in Section
				  1364.11.
(c) A citation shall be issued whenever any
				  fine is levied or any order of abatement is issued. Each citation shall be in
				  writing and shall describe with particularity the nature and facts of the
				  violation, including a reference to each statute or regulations alleged to have
				  been violated. The citation shall be served upon the individual personally or
				  by certified mail.
Note: Authority cited: Sections 125.9, 148 and 2018,
						Business and Professions Code. Reference: Sections 125.9 and 148, Business and
						Professions Code.
Note: Authority cited: Sections
						125.9,
						148
						and
						2018,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.11 - Citable Offenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In their
				  discretion, a Board official may issue a citation under Section
				  1364.10 for a violation of the
				  provisions listed in this section.
(1)
				  Business and Professions Code Section
				  119
(2) Business and Professions Code Section
				  125
(3) Business and Professions Code Section
				  125.6
(4) Business and Professions Code Section
				  475(a)(1)
(5) Business and Professions Code Section
				  496
(6) Business and Professions Code Section
				  650
(7) Business and Professions Code Section
				  650.1
(8) Business and Professions Code Section
				  654
(9) Business and Professions Code Section
				  654.1
(10) Business and Professions Code Section
				  654.2
(11) Business and Professions Code Section
				  655.5
(12) Business and Professions Code Section
				  702
(13) Business and Professions Code Section
				  730
(14) Business and Professions Code Section
				  732
(15) Business and Professions Code Section
				  802(a)
(16) Business and Professions Code Section
				  802.1
(17) Business and Professions Code Section
				  810
(18) Business and Professions Code Section
				  3516
(19) Business and Professions Code Section
				  3575
(20) Business and Professions Code Section
				  3576
(21) Business and Professions Code Section
				  4080
(22) Business and Professions Code Section
				  4081(a)
(23) Business and Professions Code Section
				  4172
(24) Business and Professions Code Section
				  17500
(25) Civil Code Section
				  56.10
(26) Health and Safety Code Section
				  1248.15
(27) Health and Safety Code Section
				  11165.1(a)(1)(A)(i)
(28) Health and Safety Code Section
				  102795
(29) Health and Safety Code Section
				  102800
(30) Health and Safety Code Section
				  103785
(31) Health and Safety Code Section
				  109275
(32) Health and Safety Code Section
				  109277
(33) Health and Safety Code Section
				  109278
(34) Health and Safety Code Section
				  109282
(35) Health and Safety Code Section
				  120250
(36) Health and Safety Code Section
				  120370(a)
(37) Health and Safety Code Section
				  121362
(38) Health and Safety Code Section
				  121363
(39) Health and Safety Code Section
				  123110
(40) Health and Safety Code Section
				  123148
(41) Penal Code Section
				  11166
(42) Title 16 California Code of Regulations
				  Section 1399.545
(43) Title 17 California Code of Regulations
				  Section 2500
(44) any provision of the Medical Practice
				  Act (Business and Professions Code section
				  2000, et seq.)
(45) any provision of the Licensed Midwifery
				  Practice Act of 1993 (Business and Professions Code section 2505, et
				  seq.)
(46) any regulation adopted
				  by the Board under Division 13, Title 16 of the California Code of
				  Regulations.
(47) Any other statute
				  or regulation upon which the Board may base a disciplinary action.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.12 - Compliance with Orders of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person who has been issued an
				  order of abatement is unable to complete the correction within the time set
				  forth in the citation because of conditions beyond his or her control after the
				  exercise of reasonable diligence, the person cited may request an extension of
				  time in which to complete the correction from the board official. Such a
				  request shall be in writing and shall be made within the time set forth for
				  abatement.
(b) When an order of
				  abatement is not contested or if the order is appealed and the person cited
				  does not prevail, failure to abate the violation charged within the time
				  allowed shall constitute a violation and a failure to comply with the order of
				  abatement. An order of abatement shall either be personally served or mailed by
				  certified mail, return receipt requested. The time allowed for the abatement of
				  a violation shall begin when the order of abatement is final and has been
				  served or received. Such failure may result in disciplinary action being taken
				  by the board or other appropriate judicial relief being taken against the
				  person cited.
1. New
					 section filed 3-24-94; operative 4-25-94 (Register 94, No. 12).
2.
					 Amendment filed 8-31-2015; operative 8-31-2015 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 36).
Note: Authority cited: Sections
						125.9,
						148
						and
						2018,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.13 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A board official is authorized to determine when and
					 against whom a citation will be issued and to issue citations containing orders
					 of abatement and fines against persons, partnerships, corporations or
					 associations who are performing or who have performed services for which
					 licensure as a physician and surgeon licensed under Chapter 5 of the code
					 (commencing with section
					 2000) or as a licensed midwife
					 licensed under Chapter 5 of the code (commencing with section
					 2505), or registration as a
					 polysomnographic technologist, technician, or trainee registered under Chapter
					 7.8 of the code (commencing with section
					 3575) is required. Each citation
					 issued shall contain an order of abatement. Where appropriate, a board official
					 shall levy a fine for such unlicensed activity in accordance with subdivision
					 (b)(3) of Section
					 125.9 of the code. The provisions
					 of Sections
					 1364.10 and
					 1364.12 shall apply to the
					 issuance of citations for unlicensed or unregistered activity under this
					 subsection. The sanction authorized under this section shall be separate from
					 and in addition to any other administrative, civil, or criminal
					 remedies.
1. New
					 section filed 3-24-94; operative 4-25-94 (Register 94, No. 12).
2.
					 Change without regulatory effect amending section filed 2-26-2001 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2001, No. 9).
3. Amendment filed 8-31-2015;
					 operative 8-31-2015 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 36).
4. Amendment filed 10-19-2017; operative
					 1-1-2018 (Register 2017, No. 42).
Note: Authority cited: Sections
						125.9,
						148
						and
						2018,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.14 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In addition to requesting a hearing as provided for in subdivision (b)(4) of
				  Section 125.9 of the code, the person
				  cited may, within ten (10) days after service or receipt of the citation,
				  notify the board official in writing of his or her request for an informal
				  conference with the board official regarding the acts charged in the citation.
				  The time allowed for the request shall begin the first day after the citation
				  has been served or received.
(b)
				  The board official shall, within 30 days from the receipt of the request, hold
				  an informal conference with the person cited or his or her legal counsel or
				  authorized representative. At the conclusion of the informal conference the
				  board official may affirm, modify or dismiss the citation, including any fine
				  levied or order of abatement issued. The board official shall state in writing
				  the reasons for his or her action and serve or mail a copy of his or her
				  findings and decision to the person cited within ten days from the date of the
				  informal conference, as provided in subsection (b) of Section
				  1364.12. This decision shall be
				  deemed to be a final order with regard to the citation issued, including the
				  fine levied and the order of abatement.
(c) The person cited does not waive his or
				  her request for a hearing to contest a citation by requesting an informal
				  conference after which the citation is affirmed by a board official. If the
				  citation is dismissed after the informal conference, the request for a hearing
				  on the matter of the citation shall be deemed to be withdrawn. If the citation,
				  including any fine levied or order of abatement, is modified, the citation
				  originally issued shall be considered withdrawn and new citation issued. If a
				  hearing is requested for the subsequent citation, it shall be requested within
				  30 days in accordance with subdivision (b)(4) of Section
				  125.9 of the code.
1. New
					 section filed 3-24-94; operative 4-25-94 (Register 94, No. 12).
2.
					 Amendment of subsections (a) and (b) filed 8-31-2015; operative 8-31-2015
					 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 36).
Note: Authority cited: Sections
						125.9,
						148
						and
						2018,
						Business and Professions Code. Reference: Sections
						125.9
						and
						148,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 6 - Citations and Fines › Section 1364.15 - Public Disclosure; Record Retention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every citation that is issued pursuant to this article
					 shall be disclosed to an inquiring member of the public. Citations that have
					 been resolved, by payment of the administrative fine or compliance with the
					 order of abatement, shall be purged three (3) years from the date of
					 resolution. A citation that has been withdrawn or dismissed shall be purged
					 immediately upon being withdrawn or dismissed.
1. New
					 section filed 11-25-96; operative 12-25-96 (Register 96, No. 48).
2.
					 Amendment filed 11-8-2000; operative 12-8-2000 (Register 2000, No.
					 45).
3. Amendment of section and NOTE filed 10-19-2017; operative
					 1-1-2018 (Register 2017, No. 42).
Note: Authority cited: Sections
						125.9,
						148,
						2018
						and
						2027,
						Business and Professions Code. Reference: Sections
						125.9,
						148
						and
						2027,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 7 - Public Letters of Reprimand › Section 1364.20 - Intent to Issue Public Letter of Reprimand

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In lieu of filing or prosecuting a formal
				  accusation, the executive director or his/her designee may, by stipulation or
				  settlement, issue a public letter of reprimand to a licensed physician and
				  surgeon for minor violations.
(b)
				  The division or its designee shall send a letter by certified mail notifying
				  the licensee of its intention to issue a public letter of reprimand. The
				  affected licensee shall indicate agreement or nonagreement in writing within 30
				  calendar days from the date of service. The division may, in its discretion,
				  extend this response time.
(c) A
				  letter from the division of its intent to issue a letter of reprimand shall
				  include a copy of the proposed letter describing the nature and facts of the
				  violation and shall state that the letter of reprimand is a public record which
				  will be disclosed to an inquiring member of the public.
1. New
					 article 7 (§§
											1364.20-1364.21) and section filed
					 3-2-95; operative 4-3-95 (Register 95, No. 9).
Note: Authority cited: Section
						2018
						and
						2233,
						Business and Professions Code. Reference: Section
						2233,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 7 - Public Letters of Reprimand › Section 1364.21 - Public Letter of Reprimand; Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A letter of reprimand that has been agreed to by a licensee
					 and issued pursuant to this article shall be served upon the licensee by
					 certified mail and shall be disclosed to an inquiring member of the
					 public.
1. New
					 section filed 3-2-95; operative 4-3-95 (Register 95, No.
					 9).
Note: Authority cited: Section
						2018
						and
						2233,
						Business and Professions Code. Reference: Section
						2233,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 8 - Oral Arguments; Amicus Briefs › Section 1364.30 - Procedures for the Conduct of Oral Arguments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party who wishes to present oral
				  argument to the panel of the board that issued an order of nonadoption or
				  reconsideration shall make a written request for oral argument not later than
				  twenty (20) calendar days after the date of the notice of nonadoption or the
				  order granting reconsideration.
(b)
				  An administrative law judge will preside at oral argument. The administrative
				  law judge may sit with and assist the panel members with their closed session
				  deliberations.
(c) The arguments
				  shall be based only on the existing record and shall not exceed the scope of
				  the record of duly admitted evidence. No new evidence will be heard. The panel
				  members may ask questions of the parties to clarify the arguments, but may not
				  ask questions that would elicit new evidence. The administrative law judge and
				  any panel member may ask a party to support the party's oral argument on a
				  matter with a specific citation to the record.
(d) The administrative law judge shall stop
				  an attorney, a party, or a panel member if the line of questioning or argument
				  is beyond the record or is otherwise out of order.
(e) The administrative law judge shall offer
				  the respondent physician an opportunity to address the panel regarding the
				  penalty. If the respondent elects to address the panel, the administrative law
				  judge shall place the respondent under oath.
(f) The sequence of, and time limitations on,
				  oral argument are as follows:
(1) First--the
				  respondent licensee and/or his or her legal counsel, who shall be limited to
				  fifteen minutes.
(2) Second--the
				  deputy attorney general, who shall be limited to fifteen minutes.
(3) Third--the respondent licensee's rebuttal
				  or that of his or her legal counsel, which shall be limited to five
				  minutes.
(4) Fourth--the deputy
				  attorney general, who shall be limited to five minutes.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 8 - Oral Arguments; Amicus Briefs › Section 1364.31 - Amicus Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  non-party with an interest in the outcome of an administrative proceeding may
				  be permitted to file an amicus curiae brief when a panel has nonadopted a
				  proposed decision or has received or granted a petition for reconsideration of
				  a decision. The filing of an amicus curiae brief regarding whether a panel
				  should nonadopt a proposed decision is not permitted.
(b) A person who wishes to file an amicus
				  curiae brief shall file with the executive director of the board a signed
				  request, not to exceed one page, specifying the points to be argued in the
				  brief and indicating why additional argument on those points is necessary or
				  would be helpful to the panel. The request shall be accompanied by the original
				  and six copies of the brief. The petitioner shall include a proof of service of
				  the request and brief on the deputy attorney general assigned to the case. The
				  brief shall be limited to matters contained in the record of the proceeding and
				  shall not include or incorporate any attachments. No delay in the proceedings
				  will be granted in order to allow an amicus curiae brief to be filed.
(c) The executive director shall immediately
				  transmit the request to the chairperson of the panel. The decision whether to
				  grant the request shall be made by the panel chairperson and one member
				  designated by the chairperson. In the event the vote is not unanimous, the
				  request shall be deemed denied. The request may be granted in whole or in part
				  or may be denied without explanation. In determining whether to grant a request
				  to file an amicus curiae brief, the following factors, among other factors,
				  shall be considered:
(1) whether the matters
				  in the brief will be helpful to the panel;
(2) the interest of the public and public
				  policy, including the effect of the decision on non-parties; and
(3) the costs to the parties to reply to the
				  amicus curiae brief.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 8 - Oral Arguments; Amicus Briefs › Section 1364.32 - Written Argument Submitted in Response to an Order of Nonadoption or Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Written argument submitted in response to an order of
					 nonadoption or reconsideration shall:
(a) State each point under a separate heading
				  or subheading summarizing the point and support each point by argument, and
				  citation of authority if applicable; and
(b) Support any reference to a matter in the
				  record by a citation to the volume and page number of the record or exhibit
				  number where the matter appears.
1. New
					 section filed 5-7-2008; operative 6-6-2008 (Register 2008, No.
					 19).
Note: Authority cited: Sections
						2018
						and
						2336,
						Business and Professions Code. Reference: Section
						2336,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 9 - Precedent Decisions › Section 1364.40 - Precedent Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The division may designate, as a precedent decision, any decision or part of
				  any decision that contains a significant legal or policy determination of
				  general application that is likely to recur. The division may also designate as
				  a precedent decision any precedent decision issued by another California state
				  government agency.
(b) Once the
				  division designates a decision or part of a decision as precedent, the division
				  may rely on it or that part of it as precedent and the parties may cite to such
				  decision in their argument to the division and courts.
(c) The division may reverse in whole or in
				  part the prior designation of a decision as a precedent decision.
(d) Notice of intent to designate or withdraw
				  designation of a precedent decision shall be given with the notice of a
				  division meeting. Interested persons may submit written comments for or against
				  the proposed action. The division may decide the issue at that meeting or put
				  the matter over to a subsequent meeting.
1. New
					 article 9 (section
					 1364.40) and section filed
					 11-6-2000; operative 12-6-2000 (Register 2000, No.
					 45).
Note: Authority cited: Section
						2018,
						Business and Professions Code; Section
						11425.60,
						Government Code. Reference: Section
						11425.60,
						Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 2 - Enforcement › Article 10 - Physician Availability › Section 1364.50 - Physician Availability: Cosmetic Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever an elective cosmetic procedure involving the use
					 of a laser or intense pulse light device is performed by a licensed health care
					 provider acting within the scope of his or her license, a physician with
					 relevant training and expertise shall be immediately available to the provider.
					 For the purposes of this section, "immediately available" means contactable by
					 electronic or telephonic means without delay, interruptible, and able to
					 furnish appropriate assistance and direction throughout the performance of the
					 procedure and to inform the patient of provisions for post procedure care. Such
					 provisions shall be contained in the licensed health care provider's
					 standardized procedures or protocols.
1. New
					 article 10 (section
					 1364.50) and section filed
					 4-16-2013; operative 7-1-2013 (Register 2013, No.
					 16).
Note: Authority cited: Sections
						2018
						and
						2023.5(c),
						Business and Professions Code. Reference: Section
						2023.5,
						Business and Professions Code
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 3 - Affiliated Healing Arts › Article 1 - General Provisions [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect repealing article 1 (sections
				  1365-1365.4) and section filed
				  3-19-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 12). For prior history, see Register 81, No.
				  32.
2. Change without regulatory effect amending chapter 3 heading
				  filed 11-24-97 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 97, No. 48).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 3 - Affiliated Healing Arts › Article 2 - Medical Assistants › Section 1366 - Additional Technical Supportive Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A medical assistant may perform
				  additional technical supportive services such as those specified herein
				  provided that all of the following conditions are met:
(1) Each technical supportive service is not
				  prohibited by another provision of law, including Section
				  2069(c) of the
				  code, or these regulations, and is a usual and customary part of the medical or
				  podiatric practice where the medical assistant is employed;
(2) The supervising physician or podiatrist
				  authorizes the medical assistant to perform the service and shall be
				  responsible for the patient's treatment and care;
(3) The medical assistant has completed the
				  training specified in Sections
				  1366.2,
				  1366.3, and
				  1366.4 and has demonstrated
				  competence in the performance of the service;
(4) A record shall be made in the patient
				  chart or other record, including a computerized record, if any, of each
				  technical supportive service performed by the medical assistant, indicating the
				  name, initials or other identifier of the medical assistant, the date and time,
				  a description of the service performed, and the name of the physician or
				  podiatrist who gave the medical assistant patient-specific authorization to
				  perform the task or who authorized such performance under a patient-specific
				  standing order.
(5) The supervising
				  physician or podiatrist may, at his or her discretion, provide written
				  instructions to be followed by a medical assistant in the performance of tasks
				  or supportive services. Such written instructions may provide that a physician
				  assistant or registered nurse may assign a task authorized by a physician or
				  podiatrist.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 3 - Affiliated Healing Arts › Article 2 - Medical Assistants › Section 1366.1 - Training to Perform Venipuncture, Injections and Inhalation of Medication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to administer medications by intramuscular,
					 subcutaneous and intradermal injection, to perform skin tests, or to perform
					 venipuncture of skin puncture for the purposes of withdrawing blood, a medical
					 assistant shall have completed the minimum training prescribed herein. Training
					 shall be for the duration required by the medical assistant to demonstrate to
					 the supervising physician, podiatrist, or instructor, as referenced in Section
					 1366.3(a)(2),
					 proficiency in the procedures to be performed as authorized by Sections
					 2069 or
					 2070 of the code, where
					 applicable, but shall include no less than:
(a) Ten (10) clock hours of training in
				  administering injections and performing skin tests, and/or
(b) Ten (10) clock hours of training in
				  venipuncture and skin puncture for the purpose of withdrawing blood,
				  and
(c) Satisfactory performance by
				  the trainee of at least ten (10) each of intramuscular, subcutaneous, and
				  intradermal injections and ten (10) skin tests, and/or at least ten (10)
				  venipunctures and ten (10) skin punctures.
(d) For those only administering medication
				  by inhalation, ten (10) clock hours of training in administering medication by
				  inhalation.
(e) Training in (a)
				  through (d) above, shall include instruction and demonstration in:
(1) pertinent anatomy and physiology
				  appropriate to the procedures;
(2)
				  choice of equipment;
(3) proper
				  technique including sterile technique;
(4) hazards and complications;
(5) patient care following treatment or
				  test;
(6) emergency procedures;
				  and
(7) California law and
				  regulations for medical assistants.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13 - Medical Board of California › Chapter 3 - Affiliated Healing Arts › Article 2 - Medical Assistants › Section 1366.2 - Training to Perform Additional Technical Supportive Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to performing any of the additional technical
					 supportive services provided in Section
					 1366, a medical assistant shall
					 receive such training as, in the judgement of the supervising physician,
					 podiatrist or instructor, as referenced in Section
					 1366.3(a)(2), is
					 necessary to assure the medical assistant's competence in performing that
					 service at the appropriate standard of care. Such training shall be
					 administered pursuant to either subsection (a)(1) or (a)(2) of Section
					 1366.3.
1. New
					 section filed 3-20-92; operative 4-20-92 (Register 92, No.
					 13).
Note: Authority cited: Sections
						2018
						and
						2071,
						Business and Professions Code. Reference: Sections
						2069,
						2070
						and
						2071,
						Business and Professions Code.