2459.4. (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information Internet Web site, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019, in any of the following circumstances:
(1) A final adjudication by the board following an administrative hearing or admitted findings or prima facie showing in a stipulated settlement establishing any of the following:
(A) The commission of any act of sexual abuse, misconduct, or relations with a patient or client as defined in Section 726 or 729.
(B) Drug or alcohol abuse directly resulting in harm to patients or the extent that such use impairs the ability of the licensee to practice safely.
(C) Criminal conviction directly involving harm to patient health.
(D) Inappropriate prescribing resulting in harm to patients and a probationary period of five years or more.
(2) An accusation or statement of issues alleged that the licensee committed any of the acts described in subparagraphs (A) to (D), inclusive, of paragraph (1), and a stipulated settlement based upon a nolo contendre or other similar compromise that does not include any prima facie showing or admission of guilt or fact but does include an express acknowledgment that the disclosure requirements of this section would serve to protect the public interest.
(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4) The licensee does not have a direct treatment relationship with the patient.
(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information Internet Web site.
(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4) The length of the probation and end date.
(5) All practice restrictions placed on the license by the board.
(e) A violation of this section shall not be punishable as a crime.
(f) For purposes of this section:
(1) “Board” means the Osteopathic Medical Board of California.
(2) “Licensee” means a person licensed by the Osteopathic Medical Board of California.
(Added by Stats. 2018, Ch. 570, Sec. 5. (SB 1448) Effective January 1, 2019.)
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