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Summary:

Every professional liability insurer, self-insured governmental agency, or licensee (or counsel) must file a complete report of any settlement or arbitration award over $30,000 emanating from a claim for death or personal injury caused by the licensee's alleged negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services, if the license was granted by either the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine.

Summary:

Every professional liability insurer, self-insured governmental agency, or licensee or his or her counsel that has received a copy of a patient's medical or hospital records must include with the liability settlement report (to be sent to the Board that licensed the licensee, i.e. the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine) copies of the records and depositions. The records include those prepared by the treating physician and surgeon or podiatrist, or hospital, describing the medical condition, history, care, or treatment of the person whose death or injury is the subject of the report, or a copy of any deposition in the matter that discusses the care, treatment, or medical condition of the person. If confidentiality is required by court order and, as a result, the reporter is unable to provide the records and depositions, documentation to that effect must accompany the original report. A professional liability insurer, self-ins

Summary:

If the Medical Board of California, the Osteopathic Medical Board of California, or the California Board of Podiatric Medicine, within 60 days of its receipt of a mandatory settlement report, notifies a person named in the report, that person shall maintain for the period of three years from the date of filing of the report any records he or she has as to the matter in question and shall make those records available upon request to the board.

Summary:

A peer review body investigating a physician and surgeon on the basis of information that the physician and surgeon's mental or physical condition poses a threat to patient care, must report to the diversion program of the Medical board the name of the physician and surgeon and notify the program when the investigation is complete.

Summary:

(b) The diversion program shall monitor the progress of the peer review body's investigation. If the diversion program decides that the peer review body is not making adequate progress on the investigation, the program administrator shall notify the chief of enforcement Division of Medical Quality of the Medical Board who must take over the investigation; (d) Information received by the diversion program is confidential and shall not be disclosed by the program except as provided in (b).

Summary:

The diversion program must destroy all records related to the investigation upon notification from the peer review body that the investigation has been closed, unless the matter has been referred to the chief of enforcement.

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