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Summary:

The Medical Board, the Osteopathic Medical Board and the Dental Board shall be entitled to inspect and copy any document or medical chart in the record of any disciplinary proceeding under Section 805. The information so disclosed shall be kept confidential and not subject to discovery, except that it may be disclosed in any subsequent disciplinary hearing conducted pursuant to the Administrative Procedure Act

Summary:

If the program manager determines that a registered nurse, who is denied admission into the diversion program or terminated from the program, presents a threat to the public or his or her own health and safety, the program manager shall report the name and license number, along with a copy of all diversion records for that registered nurse, to the board's enforcement program. Accordingly, the board may use any of the records it receives under in any disciplinary proceeding.

Summary:

Exemptions from Public Records Act disclosure include documents for health care provider disciplinary proceeding, privileged communications in review of quality of care of health care service plans.

Summary:

All participants shall sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public's health and safety shall result in the utilization by the Osteopathic Medical Board of diversion treatment records in disciplinary or criminal proceedings.

Summary:

The section describes acts that constitute unprofessional conduct by pharmacists; authorizes disciplinary action by the Board of Pharmacy; and clarifies that a wholesaler supplying a pharmacy is not required to obtain nor is authorized to have access to personal medical information (under the control of the pharmacist), except as specified under CMIA.

Summary:

The board may take disciplinary action against an acupuncturist for altering or modifying a medical record with fraudulent intent, or creating any false medical record, failing to maintain adequate and accurate records of services, or other unprofessional conduct, as specified.

Summary:

The Medical Board of California, the Board of Psychology, the Dental Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, the California State Board of Pharmacy, the Speech-Language Pathology and Audiology Board, the California Board of Occupational Therapy, and the Acupuncture Board shall each separately create and maintain a central file of the names of all persons who hold a license, certificate, or similar authority from that board. Each central file shall provide an individual historical record for each licensee, including public complaints or disciplinary information.

Summary:

Requires health care administrators to report instances of disciplinary action against licensed medical professionals to the agency. These reports do not act as a waiver of confidentiality of medical records.

Summary:

Subsection (g) specifies that the required filing of an 805 report (required from peer review bodies for disciplinary actions/investigations of medical practitioner) shall not act as a waiver of confidentiality of medical records and committee reports. The information reported or disclosed shall be kept confidential. Subsection (h) specifies that the Medical Board of California, the Osteopathic Medical Board of California, and the Dental Board of California shall disclose reports to requesting health facilities as required by Section 805.5. Under subsection (i), an 805 report shall be maintained by an agency for dissemination purposes for a period of three years after receipt.

Summary:

The head of a medical staff, peer review body, or licensed health care facility or clinic shall file a report with the relevant agency within 15 days after a peer review body makes a final decision to sanction a licentiate (e.g., physician and surgeon, podiatrist, clinical psychologist, marriage and family therapist, clinical social worker, professional clinical counselor, dentist, physician assistant, or anyone authorized to practice medicine) based on the peer review body's investigation into any of four possible alleged malpractice actions: (1) incompetence or gross deviation from the standard of care; (2) the use or administration to oneself of controlled substances; (3) excessive furnishing of controlled substances without a lawful prescription and good faith examination/medical reason; (4) sexual misconduct with a patient during treatment or examination. The licentiate shall receive a notice of the proposed action, which shall also include notice of the licentiate’s right to submit additional explanatory or exculpatory statements. The relevant agency is entitled to inspect any statement of charges, documents, medical charts, exhibits, opinions, findings, conclusions, or any certified copy of medical records, as permitted by other applicable law. The information disclosed in the investigation shall be kept confidential and shall not be subject to discovery, though the information may be reviewed in an administrative disciplinary hearing.

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