Cal. Code Regs. tit. 16 § 1355.35

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1355.35 - Disclaimers and Explanatory Information Applicable to Internet Postings

License Status Definitions.

(a) In addition to the disclaimer required by Section 803.1(c) of the code, the following disclaimers and explanatory information, as appropriate, shall be provided with information released on the Internet:
(1) Administrative Citation Issued:

A citation and/or fine has been issued for a minor violation of the law. This is not considered disciplinary action under California law but is an administrative action. Payment of the fine amount represents satisfactory resolution of this matter.

(2) Administrative Disciplinary Action:

The Medical Board's public disclosure screens are updated periodically as new information becomes available. Please contact the Central File Room at (916) 263-2525 or at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815, to obtain a copy of public documents at a minimal charge.

(3) Arbitration Award:

An arbitration award is a payment for damages and does not necessarily reflect that the physician's medical competence is below the standard of care. The Medical Board reviews all such reported arbitration awards and action is taken only if it is determined that a violation of the Medical Practice Act occurred. The Medical Board is prohibited by law from releasing a copy of the arbitration award report or any other information concerning the award.

(4) Administrative Action Taken by Other State or Federal Government:

This information is provided by another state/federal government agency. The Medical Board of California may take administrative action based on the action imposed by another state/federal government agency. For more information or verification, contact the agency listed below that imposed the action.

(5) Felony Conviction:

The information provided only includes felony convictions that are known to the Board. All felony convictions known to the Board are reviewed and administrative action is taken only if it is determined that a violation of the Medical Practice Act occurred. For more information regarding felony convictions, contact the court of jurisdiction listed below.

(6) Hospital Disciplinary Action:

The action taken by this healthcare facility against this physician's staff privileges to provide healthcare services at this facility was for a medical disciplinary cause or reason. The Medical Board is authorized by law to disclose only revocations and terminations of staff privileges. The Medical Board is prohibited from releasing a copy of the actual report or any other information.

(7) Malpractice Judgment:

A malpractice judgment is a payment for damages and does not necessarily reflect that the physician's medical competence is below the standard of care. The Medical Board reviews all such reported judgments and action is taken only if it is determined that a violation of the Medical Practice Act occurred. The Medical Board is prohibited by law from releasing a copy of the judgment report or any other information concerning the judgment. For more information contact the court of jurisdiction listed below.

(8) Malpractice Settlements:

A settlement entered into by the licensee is a resolution of a claim for damages for death or personal injury caused by the licensee's negligence, error, or omission in practice, or by his or her rendering of unauthorized professional services. The Medical Board is required by law to disclose certain information related to the existence of multiple settlements made on or after January 1, 2003 in an amount of $30,000 or more.

(9) Court Order:

This information would be provided if a physician's practice has been temporarily restricted or suspended pursuant to a court order. Please contact the Central File Room at (916) 263-2525 or at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815, to obtain a copy of the public documents.

(10) Misdemeanor Conviction:

California Business and Professions Code section 2027(b)(5) states all misdemeanor convictions resulting in a disciplinary action or accusation that is not subsequently withdrawn or dismissed shall be posted on the Internet. Upon receipt of a certified copy of an expungement order granted pursuant to Section 1203.4 of the Penal Code from a licensee, the Medical Board shall, within six months of receipt of the expungement order, post notification of the expungement order and the date thereof on its website.

(11) License Issued with Public Letter of Reprimand:

The Medical Board of California has concurrently issued the licensee a medical license and a Public Letter of Reprimand for a minor violation that does not require probationary status or warrant denial of licensure. The issuance of a Public Letter of Reprimand is not considered disciplinary action but is reported to the National Practitioner Data Bank.

(12) Probationary License:

License issued on a probationary basis subject to terms and conditions. Practice is permitted unless otherwise specified or license expires.

(b) Information released on the Internet shall be accompanied by a listing of the types of information available from the board on the Internet about physicians licensed by the board and a listing of the types of information that is confidential and not available from the board.
(c) The chart below defined the terms related to the status of a license for purposes of information released about a licensee.

Description Displayed on Web SitePublic Definition of Status Code
License CanceledLicense has been voluntarily canceled; or the license has been expired for at least five years and has not been renewed. No practice is permitted.
Licensee DeceasedLicensee is deceased.
License DelinquentLicense renewal fee has not been paid. No practice is permitted.
License RevokedLicense has been revoked as a result of disciplinary action rendered by the Board. No practice is permitted.
License SuspendedLicensee has been suspended. No practice is permitted.
License Denied -- Family SupportLicense denied for noncompliance with a judgment or order for support. No practice is permitted. Questions should be directed to the Department of Consumer Affairs' Family Support Unit at (916) 574-8018.
150 Day Temporary License -- Family SupportLicensee issued a temporary 150-day license for noncompliance with a judgment or order for support. Practice is permitted until the license expiration date. Questions should be directed to the Department of Consumer Affairs' Family Support Unit at (916) 574-8018.
License Suspended -- Family SupportLicense suspended for noncompliance with a judgment or order for support. No practice is permitted. Questions should be directed to the Department of Consumer Affairs' Family Support Unit at (916) 574-8018.
Licensee in MilitaryPractice is limited to military service including military dependents.
License InactiveLicensee is required to pay the full renewal fee but is exempt from complying with the continuing medical education requirements. No practice is permitted.
License Renewed & CurrentLicensee meets requirements for the practice of medicine in California.
License Renewal PendingLicensee failed to certify compliance with the continuing medical education requirements and/or failed to certify that he or she disclosed the names of those health-related facilities in which the licensee and/or family may have a financial interest. Practice is permitted unless license expires.
License RetiredLicense is in retired status and the licensee is exempt from payment of the renewal fee. No practice is permitted.
License SurrenderedLicensee has surrendered his or her license to resolve a disciplinary action. No practice is permitted.
License in Voluntary ServiceLicense is in voluntary service status with no payment allowed for medical services.
Licensee DisabledLicensee is unable to practice due to a disability. No practice is permitted.
Voluntary Surrender of LicenseLicensee has voluntarily surrendered the license and the surrender has been accepted by the Board. No disciplinary action was involved. No practice is permitted.
Voluntary Limitations on PracticeLicensee has signed an agreement in which licensee will limit his or her practice in a manner prescribed by the reviewing physician.

Cal. Code Regs. Tit. 16, § 1355.35

1. New section filed 1-12-2005; operative 2-11-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending subsections (a)(2), (a)(4)-(6), (a)(8) and (c) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
3. Amendment of subsection (a)(2), new subsections (a)(9)-(12) and amendment of subsection (c) filed 7-19-2016; operative 10-1-2016 (Register 2016, No. 30).

Note: Authority cited: Sections 803.1, 2018 and 2027, Business and Professions Code. Reference: Sections 803.1 and 2027, Business and Professions Code.

1. New section filed 1-12-2005; operative 2-11-2005 (Register 2005, No. 2).
2. Change without regulatory effect amending subsections (a)(2), (a)(4)-(6), (a)(8) and (c) filed 6-12-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 24).
3. Amendment of subsection (a)(2), new subsections (a)(9)-(12) and amendment of subsection (c) filed 7-19-2016; operative 10/1/2016 (Register 2016, No. 30).