2005 California Business and Professions Code Sections 2000-2029 Article 1. Administration

2000.  This chapter shall be known and may be cited as the Medical
Practice Act.  Whenever a reference is made to the Medical Practice
Act by the provisions of any statute, it is to be construed as
referring to the provisions of this chapter.
2001.  There is in the Department of Consumer Affairs a Medical
Board of California that consists of 21 members, nine of whom shall
be public members.
   The Governor shall appoint 19 members to the board, subject to
confirmation by the Senate, seven of whom shall be public members.
The Senate Rules Committee and the Speaker of the Assembly shall each
appoint a public member, and their initial appointment shall be made
to fill, respectively, the first and second public member vacancies
that occur on or after January 1, 1983.
  This section shall become inoperative on July 1, 2010, and, as of
January 1, 2011, is repealed, unless a later enacted statute, which
becomes effective on or before January 1, 2011, deletes or extends
the dates on which it becomes inoperative and is repealed. The repeal
of this section renders the board subject to the review required by
Division 1.2 (commencing with Section 473).
2001.1.  Protection of the public shall be the highest priority for
the Medical Board of California in exercising its licensing,
regulatory, and disciplinary functions.  Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.
2002.  Unless otherwise expressly provided, the term "board" as used
in this chapter means the Medical Board of California.
2003.  The board shall consist of the following two divisions:  a
Division of Medical Quality, and a Division of Licensing.  This
section shall become operative on July 1, 1994.
2004.  The Division of Medical Quality shall have the responsibility
for the following:
   (a) The enforcement of the disciplinary and criminal provisions of
the Medical Practice Act.
   (b) The administration and hearing of disciplinary actions.
   (c) Carrying out disciplinary actions appropriate to findings made
by a medical quality review committee, the division, or an
administrative law judge.
   (d) Suspending, revoking, or otherwise limiting certificates after
the conclusion of disciplinary actions.
   (e) Reviewing the quality of medical practice carried out by
physician and surgeon certificate holders under the jurisdiction of
the board.
2005.  The Division of Licensing shall have the responsibility for
the following:
   (a) Approving undergraduate and graduate medical education
programs.
   (b) Approving clinical clerkship and special programs and
hospitals for such programs.
   (c) Developing and administering the physician's and surgeon's
licensure examination.
   (d) Issuing licenses and certificates under the board's
jurisdiction.
   (e) Administering the board's continuing medical education
program.
   (f) Administering the student loan program.
2006.  (a) On and after January 1, 2006, any reference in this
chapter to an investigation by the board, or one of its divisions,
shall be deemed to refer to an investigation conducted by employees
of the Department of Justice.
   (b) This section shall become inoperative on July 1, 2008, and as
of January 1, 2009, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2009, deletes or extends
the dates on which it becomes inoperative and is repealed.
2007.  Members of the board shall only be appointed from persons who
have been citizens of this state for at least five years next
preceding their appointment.  Members of the board, except the public
members, shall only be appointed from persons licensed as physicians
and surgeons in this state.  No person who in any manner owns any
interest in any college, school, or institution engaged in medical
instruction shall be appointed to the board.  Four of the physician
members of the board shall hold faculty appointments in a clinical
department of an approved medical school in the state, but not more
than four members of the board may hold full-time appointments to the
faculties of such medical schools.
   The public members shall not be licentiates of the board.
2008.  The Division of Medical Quality shall consist of 14 members
of the board, six of whom shall be public members.  The Division of
Licensing shall consist of seven members, three of whom shall be
public members.
   Each member appointed to the board shall be assigned by the
Governor to a specific division, except that, commencing July 1,
1994, those members of the board who prior to July 1, 1994, were
assigned to the Division of Allied Health Professions shall be
members of the Division of Medical Quality.
2009.  All persons who, at the time this chapter goes into effect,
hold office under any of the acts repealed by this chapter, which
offices are continued by this chapter, continue to hold the same
according to the former tenure thereof.
2010.  Each member of the board shall be appointed for a term of
four years.
   Vacancies occuring on the board shall be filled by appointment of
the appointing power for the unexpired term.
2011.  The appointing power may remove any member of the board for
neglect of duty required by this chapter, incompetency, or
unprofessional conduct.
2012.  Each division of the board shall elect a president, a vice
president, and a secretary from its members.  The board may also
elect a president, vice president, and secretary.
2013.  (a) The board and each division may convene from time to time
as deemed necessary by the board or a division.
   (b) Eight members of the Division of Medical Quality, and four
members of the Division of Licensing, shall constitute a quorum for
the transaction of business at any division meeting.  Four members of
a panel of the Division of Medical Quality shall constitute a quorum
for the transaction of business at any meeting of the panel.  Eleven
members shall constitute a quorum for the transaction of business at
any board meeting.
   (c) It shall require the affirmative vote of a majority of those
members present at a division, panel, or board meeting, those members
constituting at least a quorum, to pass any motion, resolution, or
measure.  A decision by a panel of the Division of Medical Quality to
discipline a physician and surgeon shall require an affirmative
vote, at a meeting or by mail, of a majority of the members of that
panel; except that a decision to revoke the certificate of a
physician and surgeon shall require the affirmative vote of four
members of that panel.
2014.  Notice of each meeting of the board or a division shall be
given in accordance with the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Part 1 of Division 3 of Title 2
of the Government Code).
2015.  The president of the board and each division may call
meetings of any duly appointed and created committee of the board or
division at a specified time and place.
2016.  Each member of the board and its committees shall receive per
diem and travel expenses as provided in Section 103.
2017.  The board and each division shall keep an official record of
all their proceedings.
2018.  Each division of the board may, within its jurisdiction,
adopt, amend, or repeal, in accordance with the provisions of the
Administrative Procedure Act, such regulations as may be necessary to
enable it to carry into effect the provisions of law relating to the
practice of medicine.
2019.  The office of the board shall be in the City of Sacramento.
Suboffices may be established in the Cities of Los Angeles, San
Diego, and San Francisco or the environs of such cities.  Legal
proceedings against the board shall be instituted in any one of these
four cities.  The board may also establish other suboffices as it
may deem necessary and such records as may be necessary may be
transferred temporarily to any suboffices.
2020.  The board may employ an executive director exempt from the
provisions of the Civil Service Act and may also employ
investigators, legal counsel, medical consultants, and other
assistance as it may deem necessary to carry into effect this
chapter. The board may fix the compensation to be paid for services
subject to the provisions of applicable state laws and regulations
and may incur other expenses as it may deem necessary. Investigators
employed by the board shall be provided special training in
investigating medical practice activities.
   The Attorney General shall act as legal counsel for the board for
any judicial and administrative proceedings and his or her services
shall be a charge against it.This section shall become inoperative on
July 1, 2010, and, as of January 1, 2011, is repealed, unless a
later enacted statute, which becomes effective on or before January
1, 2011, deletes or extends the dates on which it becomes inoperative
and is repealed.
2021.  (a) If the board publishes a directory pursuant to Section
112, it may require persons licensed pursuant to this chapter to
furnish any information as it may deem necessary to enable it to
compile the directory.
   (b) Each licensee shall report to the board each and every change
of address within 30 days after each change, giving both the old and
new address.  If an address reported to the board at the time of
application for licensure or subsequently is a post office box, the
applicant shall also provide the board with a street address.  If
another address is the licensee's address of record, he or she may
request that the second address not be disclosed to the public.
   (c) Each licensee shall report to the board each and every change
of name within 30 days after each change, giving both the old and new
names.
2022.  The directory shall be prima facie evidence of the authority
of the persons named therein to practice under this act, unless such
authority has been revoked, suspended, or otherwise limited pursuant
to this chapter subsequent to the publication of the directory.
2024.  (a) The board may select and contract with necessary medical
consultants who are licensed physicians and surgeons to assist it in
its programs.  Subject to Section 19130 of the Government Code, the
board may contract with these consultants on a sole source basis.
   (b) Every consultant retained under this section for a given
investigation of a licensee shall be a specialist, as defined in
subparagraph (B) of paragraph (5) of subdivision (h) of Section 651.
2025.  The board through its regular mailing shall notify all
licensees of the existence of pain management guidelines published by
the Agency for Health Care Policy and Research of the Public Health
Service within the United States Department of Health and Human
Services, and shall provide the published guidelines to licensees
upon request.
2026.  To the extent funds are available to reimburse the Little
Hoover Commission, that commission shall study and make
recommendations on the role of public disclosure in the public
protection mandate of the board. This study shall include, but not be
limited to, whether the public is adequately informed about
physician misconduct by the current laws and regulations providing
for disclosure. This study shall be commenced as soon as possible and
completed no later than July 1, 2008.
2027.  (a) On or after July 1, 2001, the board shall post on the
Internet the following information in its possession, custody, or
control regarding licensed physicians and surgeons:
   (1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
   (2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
   (3) Any felony convictions reported to the board after January 3,
1991.
   (4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the Medical Board of
California unless an appeal of that decision is pending.
   (5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
   (6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason.
   (7) Any misdemeanor conviction that is substantially related to
the qualifications, functions, or duties of a physician and surgeon.
   (8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
   (9) Any information required to be disclosed pursuant to Section
803.1.
   (b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003.  Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
   (2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site. Notwithstanding the provisions of this paragraph,
if a licensee's hospital staff privileges are restored and the
licensee notifies the board of the restoration, the information
pertaining to the termination or revocation of those privileges, as
described in paragraph (6) of subdivision (a), shall remain posted
for a period of 10 years from the restoration date of the privileges,
and at the end of that period shall be removed from being posted on
the board's Internet Web site.
   (c) The board shall provide links to other Web sites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
   (d) The disclosure requirement imposed by paragraph (7) of
subdivision (a) shall not become operative unless and until the
Legislature enacts legislation that defines or identifies those
misdemeanor convictions that are substantially related to the
qualifications, functions, or duties of a physician and surgeon. The
board shall develop a proposal, in consultation with consumer groups,
patient advocacy groups, the Attorney General, and the medical
profession, for that legislation and submit it to the Legislature.
2028.  (a) The Medical Board of California shall consult with the
California State Board of Pharmacy and commission a study and report
its results to the Legislature on or before January 1, 2003, on the
electronic transmission of prescriptions by physicians and surgeons.
   (b) This report shall include recommendations on the following
matters:
   (1) Whether the electronic transmission of prescriptions should be
encouraged.
   (2) Methods to encourage physicians and surgeons, health care
providers specified in subdivision (a) of Section 4024, and persons
licensed to prescribe in another state who meet the requirements
described in subdivision (b) of Section 4005 to issue prescriptions
by electronic transmission.
   (3) Identification of systems to protect confidential personal and
medical information of patients for whom prescriptions are issued
using electronic transmission, including, but not limited to, the
issuance of digital certification to physicians and surgeons, health
care providers specified in subdivision (a) of Section 4024, and
persons licensed to prescribe in another state who meet the
requirements described in subdivision (b) of Section 4005 to use when
transmitting prescriptions electronically.
   (c) "Digital certification" is an electronic signature verifying
the identity of the physician and surgeon, health care provider
specified in subdivision (a) of Section 4024, or person licensed to
prescribe in another state who meets the requirements described in
subdivision (b) of Section 4005 who is transmitting the prescription
electronically.
2029.  The board shall keep a copy of a complaint it receives
regarding the poor quality of care rendered by a licensee for 10
years from the date the board receives the complaint.  For retrieval
purposes, these complaints shall be filed by the licensee's name and
license number.