CHAPTER 1. General Provisions [500. - 865.2.]
Chapter 1 enacted by Stats. 1937, Ch. 399.
§§ 500–865.2 · 155 sections
ARTICLE 1. Records §§ 500–502 · 3 sections
- § 500 If the register or book of registration of the Medical Board of California, the Dental Board of California, or the California State Board of Pharmacy is…
- § 501 For the reproduction of the destroyed register or book the board shall make use of such existing official printed registers, books or matter, certificates,…
- § 502 (a) Notwithstanding any other law, both of the following apply: (1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric…
ARTICLE 1.5. Advocacy for Appropriate Health Care §§ 510–512 · 6 sections
- § 510 (a) The purpose of this section is to provide protection against retaliation for health care practitioners who advocate for appropriate health care for their…
- § 511 (a) No subcontract between a physician and surgeon, physician and surgeon group, or other licensed health care practitioner who contracts with a health care…
- § 511.1 (a) In order to prevent the improper selling, leasing, or transferring of a health care provider’s contract, it is the intent of the Legislature that every…
- § 511.3 (a) When a contracting agent sells, leases, or transfers a health provider’s contract to a payor, the rights and obligations of the provider shall be governed…
- § 511.4 (a) A contracting agent, as defined in paragraph (2) of subdivision (d) of Section 511.1, shall beginning July 1, 2006, prior to contracting, annually…
- § 512 (a) Except as provided in subdivisions (b) and (c), no contract that is issued, amended, renewed, or delivered on or after January 1, 1999, between any person…
ARTICLE 2. Eyeglasses §§ 525–527 · 3 sections
- § 525 No dispensing optician, optometrist, or physician and surgeon shall dispense, prescribe, or sell any eyeglasses for use of a person whose sight is limited to…
- § 526 A dispensing optician, optometrist, or physician and surgeon shall not be subject to disciplinary action under this article unless they are informed by the…
- § 527 Any dispensing optician, optometrist, or physician and surgeon who violates this article is subject to disciplinary action by the board that issues their…
ARTICLE 3. Ophthalmia Neonatorum §§ 550–558 · 9 sections
- § 550 As used in this article, “ophthalmia neonatorum,” independent of the nature of the infection, means any condition of the eye, or eyes, of any infant in which…
- § 551 It is the duty of any physician, surgeon, obstetrician, midwife, nurse, maternity home or hospital of any nature, parent, relative, and any person or persons…
- § 552 Any case of ophthalmia neonatorum or of blindness resulting from it upon which one accused of a violation of this article has been in attendance constitutes…
- § 553 All maternity homes, hospitals, and similar institutions wherein childbirths occur shall keep a record of all cases of ophthalmia neonatorum occurring or…
- § 554 The local health officer shall: (a) Investigate each case filed with him in pursuance of this article, and all other cases coming to his attention. (b) Report…
- § 555 The State Department of Health Services shall: (a) Enforce the provisions of this article. (b) Promulgate rules and regulations necessary to carry out properly…
- § 556 The failure of any person mentioned in Section 551 to report, or the failure of any maternity home, hospital, or similar institution, to use the treatment…
- § 557 If the person is a physician, midwife, or is a person who is professionally employed, the third conviction is sufficient cause for the revocation of his…
- § 558 One-half of all fines collected hereunder shall go to the county wherein the prosecution was had, and the remaining one-half thereof shall go into the state…
ARTICLE 4. Frauds of Medical Records §§ 580–585 · 6 sections
- § 580 No person, company, or association shall sell or barter or offer to sell or barter any medical degree, podiatric degree, or osteopathic degree, or chiropractic…
- § 581 No person, company, or association shall purchase or procure by barter or by any unlawful means or method, or have in possession any diploma, certificate,…
- § 582 No person, company, or association shall use or attempt to use any diploma, certificate, transcript, or any other writing which has been purchased,…
- § 583 No person shall in any document or writing required of an applicant for examination, license, certificate, or registration under this division, the Osteopathic…
- § 584 No person shall violate the security of any examination, as defined in subdivision (a) of Section 123, or impersonate, attempt to impersonate, or solicit the…
- § 585 Any person, company, or association violating the provisions of this article is guilty of a felony and upon conviction thereof shall be punishable by a fine of…
ARTICLE 6. Unearned Rebates, Refunds and Discounts §§ 650–657 · 22 sections
- § 650 (a) Except as provided in Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, the offer, delivery, receipt, or acceptance…
- § 650.01 (a) Notwithstanding Section 650, or any other provision of law, it is unlawful for a licensee to refer a person for laboratory, diagnostic nuclear medicine,…
- § 650.02 The prohibition of Section 650.01 shall not apply to or restrict any of the following: (a) A licensee may refer a patient for a good or service otherwise…
- § 650.1 (a) Any amount payable to any hospital, as defined in Section 4028, or any person or corporation prohibited from pharmacy permit ownership by subdivision (a)…
- § 650.2 (a) Notwithstanding Section 650 or any other provision of law, it shall not be unlawful for a person licensed pursuant to Chapter 4 (commencing with Section…
- § 650.3 (a) Notwithstanding the provisions of Section 650 or any other provision of law, it shall not be unlawful for a person licensed pursuant to the Chiropractic…
- § 651 (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to disseminate or cause to be…
- § 651.3 (a) Any labor organization, bona fide employee group or bona fide employee association having contracted health care services from a health care service plan…
- § 652 Violation of this article in the case of a licensed person constitutes unprofessional conduct and grounds for suspension or revocation of his or her license by…
- § 652.5 Except as otherwise provided in this article, any violation of this article constitutes a misdemeanor as to any and all persons, whether or not licensed under…
- § 653 The word “person” as used in this article includes an individual, firm, partnership, association, corporation, limited liability company, or cooperative…
- § 654 No person licensed under Chapter 5 (commencing with Section 2000) of this division may have any membership, proprietary interest or coownership in any form in…
- § 654.1 Persons licensed under Chapter 4 (commencing with Section 1600) of this division or licensed under Chapter 5 (commencing with Section 2000) of this division or…
- § 654.2 (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to charge, bill, or otherwise solicit…
- § 654.3 (a) For purposes of this section, the following definitions shall apply: (1) “Arrange for” and “establish” mean the act of a licensee, or an employee or agent…
- § 655 (a) For the purposes of this section, the following terms have the following meanings: (1) “Health plan” means a health care service plan licensed pursuant to…
- § 655.2 (a) (1) No physician and surgeon or medical corporation licensed under Chapter 5 (commencing with Section 2000), nor any audiologist who is not a licensed…
- § 655.5 (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division, or any clinical laboratory, or any…
- § 655.7 (a) (1) A person licensed under this division or under an initiative act referred to in this division shall not charge, bill, or otherwise solicit payment,…
- § 655.8 (a) It is unlawful for any person licensed under this division or under any initiative act referred to in this division to charge, bill, or otherwise solicit…
- § 656 Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this article, the superior…
- § 657 (a) The Legislature finds and declares all of the following: (1) Californians spend more than one hundred billion dollars ($100,000,000,000) annually on health…
ARTICLE 6.5. Open Payments Database Notices §§ 660–665 · 5 sections
- § 660 For purposes of this article, all of the following definitions apply: (a) “Drug or device company” means a manufacturer, developer, or distributor of…
- § 661 (a) A physician and surgeon shall provide to each patient at the initial office visit a written or electronic notice of the Open Payments database. The written…
- § 663 (a) (1) Notwithstanding any law, except as provided in subdivision (c), a physician and surgeon shall post in each location where the physician and surgeon…
- § 664 A violation of this article shall constitute unprofessional conduct.
- § 665 This article does not apply to a physician and surgeon working in a hospital emergency room.
ARTICLE 7. Nursing §§ 675–679 · 5 sections
- § 675 Every person, firm, association, partnership, or corporation offering a course of instruction in any type of nursing, including vocational nursing or practical…
- § 676 The provisions contained in this article shall not apply to inservice training programs given in institutions for the purpose of qualifying persons to work…
- § 677 Every person, firm, association, partnership, or corporation subject to the provisions of this article shall maintain records for at least three years, which…
- § 678 The failure to give the notice required by this article shall make any contract entered into between the parties null and void.
- § 679 Any person, firm, association, partnership, or corporation who violates this article is guilty of a misdemeanor.
ARTICLE 7.5. Health Care Practitioners §§ 680–688 · 9 sections
- § 680 (a) Except as otherwise provided in this section, a health care practitioner shall disclose, while working, his or her name and practitioner’s license status,…
- § 680.5 (a) (1) A health care practitioner licensed under Division 2 (commencing with Section 500) shall communicate to a patient his or her name, state-granted…
- § 681 (a) Commencing July 1, 2000, every person licensed pursuant to this division who collects human biological specimens for clinical testing or examination, shall…
- § 682 An individual authorized to prescribe emergency contraception who issues a prescription or order for emergency contraception drug therapy as a result of a…
- § 683 (a) A board shall report, within 10 working days, to the State Department of Health Care Services the name and license number of a person whose license has…
- § 684 (a) For the purpose of this section: (1) “FDA” means the United States Food and Drug Administration. (2) “HCT/Ps” means human cells, tissues, or cellular or…
- § 686 A health care practitioner licensed under Division 2 (commencing with Section 500) providing services via telehealth shall be subject to the requirements and…
- § 687 (a) A healing arts practitioner who is authorized to prescribe, furnish, order, or administer dangerous drugs shall not be subject to a civil or criminal…
- § 688 (a) A health care practitioner authorized to issue a prescription pursuant to Section 4040 shall have the capability to issue an electronic data transmission…
ARTICLE 8. Selection of Healing Arts Practitioner § 690 · 1 section
- § 690 (a) Except as provided in Section 4601 of the Labor Code and Section 2627 of the Unemployment Insurance Code, neither the administrators, agents, or employees…
ARTICLE 9. Inactive License §§ 700–704 · 5 sections
- § 700 It is the intent of the Legislature to establish in this article an inactive category of health professionals’ licensure. Such inactive licenses or…
- § 701 (a) As used in this article, “board” refers to any healing arts board, division, or examining committee which licenses or certifies health professionals. (b)…
- § 702 The holder of an inactive healing arts license or certificate issued pursuant to this article shall not do any of the following: (a) Engage in any activity for…
- § 703 (a) An inactive healing arts license or certificate issued pursuant to this article shall be renewed during the same time period at which an active license or…
- § 704 In order for the holder of an inactive license or certificate issued pursuant to this article to restore his or her license or certificate to an active status,…
ARTICLE 10. Federal Personnel and Tribal Health Programs §§ 710–719 · 6 sections
- § 710 It is the policy of the State of California that, consistent with high quality health care services, persons with skills, knowledge and experience obtained in…
- § 715 Unless otherwise required by federal law or regulation, no board under this division which licenses dentists, physicians and surgeons, podiatrists, or nurses…
- § 716 Notwithstanding any other provision of law, a board under this division may deny issuance of a license to an applicant or take disciplinary action against the…
- § 717 This article is not intended to address the scope of practice of a dentist, physician and surgeon, or nurse licensed under this division, and nothing in this…
- § 718 A physician and surgeon who is not licensed in this state but who is a commissioned officer on active duty in the medical corps of any branch of the armed…
- § 719 (a) A person who is licensed as a health care practitioner in any other state and is employed by a tribal health program, as defined in Section 1603 of Title…
ARTICLE 10.5. Unprofessional Conduct §§ 725–733 · 10 sections
- § 725 (a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or administering of drugs or treatment, repeated acts of clearly excessive use of…
- § 726 (a) The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for…
- § 727 The provisions of subdivision (2) of Section 1103 of the Evidence Code shall apply in disciplinary proceedings brought against a licensee for acts in violation…
- § 728 (a) Any psychotherapist or employer of a psychotherapist who becomes aware through a client that the client had alleged sexual intercourse or alleged sexual…
- § 729 (a) Any physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor, or any person…
- § 730 Any person licensed under this division or under any initiative act referred to in this division shall not perform any medical evaluation for which the…
- § 730.5 (a) It is unprofessional conduct and a crime, as provided in Section 4935, for a physician and surgeon, osteopathic physician, dentist, or podiatrist to direct…
- § 731 (a) Any person licensed, certified, registered, or otherwise subject to regulation pursuant to this division who engages in, or who aids or abets in, a…
- § 732 (a) A physician and surgeon and a dentist shall refund any amount that a patient has paid for services rendered that has subsequently been paid to the…
- § 733 (a) A licentiate shall not obstruct a patient in obtaining a prescription drug or device that has been legally prescribed or ordered for that patient. A…
ARTICLE 10.7 Opioid Medication §§ 740–742 · 3 sections
- § 740 For purposes of this article, the following definitions apply: (a) “Administer” means the direct application of a drug or device to the body of a patient by…
- § 741 (a) Notwithstanding any other law, when prescribing an opioid or benzodiazepine medication to a patient, a prescriber shall do the following: (1) Offer the…
- § 742 A prescriber who fails to offer a prescription, as required by paragraph (1) of subdivision (a) of Section 741, or fails to provide the education and use…
ARTICLE 10.8. Three Day Rule for Narcotic Drug Prescriptions § 750 · 1 section
- § 750 (a) For purposes of this section, “prescriber” means a person authorized to write or issue a prescription pursuant to Section 11150 of the Health and Safety…
ARTICLE 11. Professional Reporting §§ 800–809.9 · 38 sections
- § 800 (a) The Medical Board of California, the Podiatric Medical Board of California, the Board of Psychology, the Dental Board of California, the Dental Hygiene…
- § 801 (a) Except as provided in Section 801.01 and subdivisions (b), (c), (d), and (e) of this section, every insurer providing professional liability insurance to a…
- § 801.01 The Legislature finds and declares that the filing of reports with the applicable state agencies required under this section is essential for the protection of…
- § 801.1 (a) Every state or local governmental agency that self-insures a person who holds a license, certificate, or similar authority from or under any agency…
- § 802 (a) Every settlement, judgment, or arbitration award over three thousand dollars ($3,000) of a claim or action for damages for death or personal injury caused…
- § 802.1 (a) (1) A physician and surgeon, osteopathic physician and surgeon, a doctor of podiatric medicine, and a physician assistant shall report either of the…
- § 802.5 (a) When a coroner receives information that is based on findings that were reached by, or documented and approved by a board-certified or board-eligible…
- § 803 (a) Except as provided in subdivision (b), within 10 days after a judgment by a court of this state that a person who holds a license, certificate, or other…
- § 803.1 (a) Notwithstanding any other law, the Medical Board of California, the Osteopathic Medical Board of California, the California Board of Podiatric Medicine,…
- § 803.5 (a) The district attorney, city attorney, or other prosecuting agency shall notify the Medical Board of California, the Osteopathic Medical Board of…
- § 803.6 (a) The clerk of the court shall transmit any felony preliminary hearing transcript concerning a defendant licensee to the Medical Board of California, the…
- § 804 (a) Any agency to whom reports are to be sent under Section 801, 801.1, 802, or 803, may develop a prescribed form for the making of the reports, usage of…
- § 804.5 The Legislature recognizes that various types of entities are creating, implementing, and maintaining patient safety and risk management programs that…
- § 805 (a) As used in this section, the following terms have the following definitions: (1) (A) “Peer review” means both of the following: (i) A process in which a…
- § 805.01 (a) As used in this section, the following terms have the following definitions: (1) “Agency” has the same meaning as defined in Section 805. (2) “Formal…
- § 805.1 (a) The Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, and the Dental Board of…
- § 805.2 (a) It is the intent of the Legislature to provide for a comprehensive study of the peer review process as it is conducted by peer review bodies defined in…
- § 805.5 (a) Prior to granting or renewing staff privileges for any physician and surgeon, psychologist, podiatrist, dentist, or nurse practitioner, any health facility…
- § 805.6 (a) The Medical Board of California, the California Board of Podiatric Medicine, the Osteopathic Medical Board of California, and the Dental Board of…
- § 805.7 (a) The Medical Board of California shall work with interested parties in the pursuit and establishment of a pilot program, similar to those proposed by the…
- § 805.8 (a) As used in this section, the following terms shall have the following meanings: (1) “Agency” means the relevant state licensing agency with regulatory…
- § 805.9 (a) A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code shall not deny staff privileges…
- § 806 Each agency in the department receiving reports pursuant to the preceding sections shall prepare a statistical report based upon these records for presentation…
- § 807 Each agency in the department shall notify every person licensed, certified or holding similar authority issued by it, and the department shall notify every…
- § 808 For purposes of this article, reports affecting respiratory care practitioners required to be filed under Sections 801, 802, and 803 shall be filed with the…
- § 808.5 For purposes of this article, reports affecting psychologists required to be filed under Sections 801, 801.1, 802, 803, 803.5, and 803.6 shall be filed with…
- § 809 (a) The Legislature hereby finds and declares the following: (1) In 1986, Congress enacted the federal Health Care Quality Improvement Act of 1986 (42 U.S.C.…
- § 809.05 It is the policy of this state that peer review be performed by licentiates. This policy is subject to the following limitations: (a) The governing bodies of…
- § 809.08 (a) The Legislature hereby finds and declares that the sharing of information between peer review bodies is essential to protect the public health. (b) Upon…
- § 809.1 (a) A licentiate who is the subject of a final proposed action of a peer review body for which a report is required to be filed under Section 805 shall be…
- § 809.2 If a licentiate timely requests a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the following shall…
- § 809.3 (a) During a hearing concerning a final proposed action for which reporting is required to be filed under Section 805, both parties shall have all of the…
- § 809.4 (a) Upon the completion of a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the licentiate and the…
- § 809.5 (a) Notwithstanding Sections 809 to 809.4, inclusive, a peer review body may immediately suspend or restrict clinical privileges of a licentiate where the…
- § 809.6 (a) The parties are bound by any additional notice and hearing provisions contained in any applicable professional society or medical staff bylaws which are…
- § 809.7 Sections 809.1 to 809.4, inclusive, shall not apply to peer review proceedings conducted in state or county hospitals, in hospitals owned by, operated by, or…
- § 809.8 Nothing in Sections 809 to 809.7, inclusive, shall affect the availability of judicial review under Section 1094.5 of the Code of Civil Procedure nor the…
- § 809.9 In any suit brought to challenge an action taken or a restriction imposed which is required to be reported pursuant to Section 805, the court shall, at the…
ARTICLE 12. Insurance Fraud § 810 · 1 section
- § 810 (a) It shall constitute unprofessional conduct and grounds for disciplinary action, including suspension or revocation of a license or certificate, for a…
ARTICLE 12.5. Mental Illness or Physical Illness §§ 820–828 · 9 sections
- § 820 Whenever it appears that any person holding a license, certificate or permit under this division or under any initiative act referred to in this division may…
- § 821 The licentiate’s failure to comply with an order issued under Section 820 shall constitute grounds for the suspension or revocation of the licentiate’s…
- § 822 If a licensing agency determines that its licentiate’s ability to practice his or her profession safely is impaired because the licentiate is mentally ill, or…
- § 823 Notwithstanding any other provisions of law, reinstatement of a licentiate against whom action has been taken pursuant to Section 822 shall be governed by the…
- § 824 The licensing agency may proceed against a licentiate under either Section 820, or 822, or under both sections.
- § 825 As used in this article with reference to persons holding licenses as physicians and surgeons, “licensing agency” means a panel of the Division of Medical…
- § 826 The proceedings under Sections 821 and 822 shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2…
- § 827 Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to…
- § 828 If the licensing agency determines, pursuant to proceedings conducted under Section 820, that there is insufficient evidence to bring an action against the…
ARTICLE 13. Standards for Licensure or Certification §§ 850–856 · 9 sections
- § 850 No healing arts licensing board or examining committee under the Department of Consumer Affairs shall by regulation require an applicant for licensure or…
- § 850.1 (a) A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health care… see note
- § 850.2 (a) For purposes of this section, “healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or…
- § 850.3 (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local…
- § 851 A healing arts licensure board or examining committee may by regulation require an applicant for licensure or certification to meet the standards of a…
- § 852 The performance, recommendation, or provision of any legally protected health care activity, as defined in Section 1798.300 of the Civil Code, by a licensee or…
- § 854 Criteria for issuing three-year nonrenewable medical licenses and dental permits under this article shall not be utilized at any time as the standard for…
- § 855 (a) Up to 70 international medical graduates who have passed their United States medical license examination on the first attempt and who have been working in…
- § 856 (a) (1) A person licensed pursuant to this division who is required to complete continuing education units as a condition of renewing his or her license may,…
ARTICLE 14. Gerontology and Geriatric Training for the Healing Arts § 860 · 1 section
- § 860 (a) The Legislature finds and declares both of the following: (1) California’s system of care suffers from a severe shortage of professionals and…
ARTICLE 15. Sexual Orientation Change Efforts §§ 865–865.2 · 3 sections
- § 865 For the purposes of this article, the following terms shall have the following meanings: (a) “Mental health provider” means a physician and surgeon…
- § 865.1 Under no circumstances shall a mental health provider engage in sexual orientation change efforts with a patient under 18 years of age.
- § 865.2 Any sexual orientation change efforts attempted on a patient under 18 years of age by a mental health provider shall be considered unprofessional conduct and…