ARTICLE 12. Enforcement

Article 12 added by Stats. 1980, Ch. 1313, Sec. 2.

§§ 2220–2319 · 116 sections

§ 2220 Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter. The board shall enforce and administer…
§ 2220.01 (a) (1) The director shall appoint an independent enforcement monitor no later than March 1, 2022. The director may retain a person for this position by a…
§ 2220.05 (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California and the California Board of Podiatric…
§ 2220.08 (a) Except for reports received by the board pursuant to Section 801.01 or 805 that may be treated as complaints by the board and new complaints relating to a…
§ 2220.1 (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the…
§ 2220.2 (a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the…
§ 2220.5 (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and…
§ 2220.6 The board shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or…
§ 2220.7 (a) A physician and surgeon shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute arising from…
§ 2221 (a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee…
§ 2221.05 (a) Notwithstanding subdivision (a) of Section 2221, the board may issue a physician’s and surgeon’s certificate to an applicant who has committed minor…
§ 2221.1 (a) The board and the California Board of Podiatric Medicine shall investigate and may take disciplinary action, including, but not limited to, revocation or…
§ 2222 The California Board of Podiatric Medicine shall enforce and administer this article as to doctors of podiatric medicine. Any acts of unprofessional conduct or…
§ 2224 (a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of…
§ 2225 (a) Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of podiatric medicine and his or her…
§ 2225.3 The board, the California Board of Podiatric Medicine, and the Attorney General, shall return any original documents received pursuant to Section 2225 to the…
§ 2225.5 (a) (1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s written…
§ 2225.7 When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity…
§ 2226 The Division of Medical Quality or the Senior Assistant Attorney General of the Health Quality Enforcement Section may inspect a licensed general or…
§ 2227 (a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the Government…
§ 2227.3 (a) The board may delegate to its executive director the authority to issue an administrative confidential letter of advice to a licensee to resolve a…
§ 2227.5 The board shall keep a copy of a complaint it receives concerning the unprofessional conduct of a licensee for seven years or until the statute of limitations…
§ 2228 The authority of the board or the California Board of Podiatric Medicine to discipline a licensee by placing him or her on probation includes, but is not…
§ 2228.1 (a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board and the Podiatric Medical Board of California shall require a…
§ 2228.5 (a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for…
§ 2229 (a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative…
§ 2230 (a) All proceedings against a licensee for unprofessional conduct, or against an applicant for licensure for unprofessional conduct or cause, shall be…
§ 2230.5 (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be…
§ 2231 An administrative law judge as designated in Section 11371 of the Government Code may utilize the procedures in Section 11515 of the Government Code concerning…
§ 2232 (a) (1) Except as provided in subdivision (c), the board shall automatically revoke a license under either of the following circumstances: (A) The licensee, at…
§ 2232.5 (a) (1) Notwithstanding Section 2236, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where…
§ 2233 The board may, by stipulation or settlement with the affected physician and surgeon, issue a public letter of reprimand after it has conducted an investigation…
§ 2234 The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional…
§ 2234.1 (a) A physician and surgeon shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis that the treatment…
§ 2235 Upon referral from the division, the Senior Assistant Attorney General of the Health Quality Enforcement Section shall initiate action against any licensee who…
§ 2236 (a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional…
§ 2236.1 (a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction…
§ 2236.2 (a) Notwithstanding Article 9 (commencing with Section 700) of Chapter 1 of Division 2 or any other provision of law, a physician and surgeon’s certificate…
§ 2237 (a) The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or…
§ 2238 A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled…
§ 2239 (a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified in…
§ 2240 (a) A physician and surgeon who performs a medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of the…
§ 2241 (a) A physician and surgeon may prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to a person with substance…
§ 2241.3 Notwithstanding any other provision of law, nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of…
§ 2241.5 (a) A physician and surgeon may prescribe for, or dispense or administer to, a person under their treatment for a medical condition dangerous drugs or…
§ 2241.6 The Division of Medical Quality shall develop standards before June 1, 2002, to assure the competent review in cases concerning the management, including, but…
§ 2242 (a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication,…
§ 2242.1 (a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as…
§ 2242.2 Notwithstanding any other law, a physician and surgeon, a nurse practitioner acting within the scope of Section 2837.103 or 2837.104, a registered nurse acting…
§ 2243 Upon referral by the National Health Services Corps to the Attorney General of the United States of any physician or surgeon who fails to provide service as a…
§ 2244 A physician and surgeon who collects biological specimens for clinical testing or examination shall secure or ensure that his or her employees, agents, or…
§ 2245 (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by the…
§ 2246 Any proposed decision or decision issued under this article that contains any finding of fact that the licensee engaged in any act of sexual exploitation, as…
§ 2247 (a) A licensee shall meet the requirements set forth in subdivision (f) of Section 1031 of the Government Code prior to performing either of the following: (1)…
§ 2248 This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act. (a) If a physician and surgeon, during a physical…
§ 2248.5 (a) A standardized written summary in layman’s language and in a language understood by patients shall be approved by the State Department of Health Services.…
§ 2249 (a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient during the annual…
§ 2250 The willful failure to comply with the requirements of Article 6 (commencing with Section 14191) of Chapter 7 of Part 3 of Division 9 of the Welfare and…
§ 2251 The prescribing, dispensing, administering, or furnishing of liquid silicone for the purpose of injecting such substance into a human breast or mammary…
§ 2252 The violation of Chapter 4 (commencing with Section 109250) of Part 4 of Division 104 of the Health and Safety Code, or any violation of an injunction or cease…
§ 2253 (a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and…
§ 2254 The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct.
§ 2255 The violation of any provision of Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, relating to the unlawful referral of…
§ 2256 Any intentional violation of Sections 5326.2 to 5326.8, inclusive, of the Welfare and Institutions Code, relating to the rights of involuntarily confined…
§ 2257 The violation of Section 109275 of the Health and Safety Code, relating to informed consent for the treatment of breast cancer, constitutes unprofessional…
§ 2258 The violation of Section 1708.5 of the Health and Safety Code, relating to the use of laetrile or amygdalin with respect to cancer therapy, constitutes…
§ 2259 (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing silicone…
§ 2259.5 (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing collagen…
§ 2259.7 The Medical Board of California shall adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and…
§ 2259.8 (a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received,…
§ 2260 (a) A physician and surgeon who removes sperm or ova from a patient shall, before the sperm or ova are used for a purpose other than reimplantation in the same…
§ 2260.5 A violation of Section 24185 of the Health and Safety Code, relating to human cloning, constitutes unprofessional conduct.
§ 2261 Knowingly making or signing any certificate or other document directly or indirectly related to the practice of medicine or podiatry which falsely represents…
§ 2262 Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes…
§ 2263 The willful, unauthorized violation of professional confidence constitutes unprofessional conduct.
§ 2264 The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in…
§ 2266 The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients for at least seven…
§ 2271 Any advertising in violation of Section 17500, relating to false or misleading advertising, constitutes unprofessional conduct.
§ 2272 Any advertising of the practice of medicine in which the licensee fails to use his or her own name or approved fictitious name constitutes unprofessional…
§ 2273 (a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct.…
§ 2274 (a) The use by any licensee of any certificate, of any letter, letters, word, words, term, or terms either as a prefix, affix, or suffix indicating that he or…
§ 2275 Any person who held a physician’s and surgeon’s certificate under the jurisdiction of the Osteopathic Medical Board of California and a degree of doctor of…
§ 2276 Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of osteopathy after the completion of a full course of…
§ 2277 Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of podiatric medicine after the completion of a full…
§ 2278 Unless a person authorized under this chapter to use the title “doctor” or the letters or prefix “Dr.” holds a physician’s and surgeon’s certificate, the use…
§ 2280 No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her ability to conduct the…
§ 2281 A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on…
§ 2282 The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not…
§ 2282.5 (a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following: (1) Establishing, in medical staff bylaws, rules,…
§ 2283 The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does…
§ 2284 (a) A licensed physician and surgeon or a licensed podiatrist, or a group of physicians and surgeons or podiatrists, or a medical or podiatry corporation shall…
§ 2285 The use of any fictitious, false, or assumed name, or any name other than his or her own by a licensee either alone, in conjunction with a partnership or…
§ 2286 It shall constitute unprofessional conduct for any licensee to violate, to attempt to violate, directly or indirectly, to assist in or abet the violation of,…
§ 2287 The purchase, sale, or barter, or offering to purchase, sell, or barter any medical or podiatric degree, or any degree, diploma, certificate, affidavit,…
§ 2288 The impersonation of any applicant or acting as proxy for any applicant in any examination required under this chapter for a certificate constitutes…
§ 2289 The impersonation of another licensed practitioner or permitting or allowing another person to use his or her certificate to engage in the practice of medicine…
§ 2290 The provisions of Article 4 (commencing with Section 580) of Chapter 1, relating to frauds of medical records, degrees, diplomas, certificates, and transcripts…
§ 2290.5 (a) For purposes of this division, the following definitions apply: (1) “Asynchronous store and forward” means the transmission of a patient’s medical…
§ 2291 It is unprofessional conduct for any licensee not a member or authorized official of the board, or of the California Board of Podiatric Medicine in the case of…
§ 2292 (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by a medical expert designated by the…
§ 2293 (a) The professional competency examination shall be in the form of an oral clinical examination to be administered by three physician examiners selected by…
§ 2294 (a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination…
§ 2305 The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice medicine issued…
§ 2306 If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such suspension. Upon the…
§ 2307 (a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose…
§ 2307.5 (a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307. (b) The fee…
§ 2310 (a) If a physician and surgeon possesses a license or is otherwise authorized to practice medicine (1) in any state other than California or (2) by any agency…
§ 2311 Whenever any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an offense against this chapter, the…
§ 2312 The Division of Medical Quality shall seek to obtain an injunction against any physician and surgeon within its jurisdiction if the division has reasonable…
§ 2313 The board shall report annually to the Legislature, no later than October 1 of each year, the following information: (a) The total number of temporary…
§ 2314 (a) Unless it is otherwise expressly provided, any person, whether licensed under this chapter or not, who violates any provision of this article is guilty of…
§ 2315 (a) Except as otherwise provided by law, any person found guilty of a misdemeanor for a violation of this chapter shall be punished by a fine of not less than…
§ 2316 If a licensed physician and surgeon who provides expertise to the board in the evaluation of an applicant or a licensee is, as a result of providing that…
§ 2317 If a person, not a regular employee of the board, is hired, under contract, or retained under any other arrangement, paid or unpaid, to provide expertise or…
§ 2318 In addition to any immunity afforded by Sections 43.8 and 47 of the Civil Code, if applicable, any person, including, but not limited to, a physician and…
§ 2319 (a) The board shall set as a goal the improvement of its disciplinary system by January 1, 1992, so that an average of no more than six months will elapse from…