Cal. Bus. & Prof. Code § 2228.5
Enforcement
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2023
As of January 1, 2019
(a) On and after July 1, 2019, except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information Internet Web site, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2019.
(b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure.
(c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies:
(1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy.
(2) The visit occurs in an emergency room or an urgent care facility or the visit is unscheduled, including consultations in inpatient facilities.
(3) The licensee who will be treating the patient during the visit is not known to the patient until immediately prior to the start of the visit.
(4) The licensee does not have a direct treatment relationship with the patient.
(d) On and after July 1, 2019, the board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information Internet Web site.
(1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt.
(2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order.
(3) For a licensee granted a probationary license, the causes by which the probationary license was imposed.
(4) The length of the probation and end date.
(5) All practice restrictions placed on the license by the board.
(e) Section 2314 shall not apply to this section.
(f) For purposes of this section:
(1) “Board” means the California Board of Podiatric Medicine.
(2) “Licensee” means a person licensed by the California Board of Podiatric Medicine.
(a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication.
(b) The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described in subdivision (a).
(c) No physician and surgeon shall be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the requirements of this section and consistent with the standard of care.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Medically significant” means that a physician and surgeon has made a clinical determination that may include, but is not limited to, any of the following:
(A) The treatment or medication is contraindicated or is likely, or expected, to cause an adverse reaction or physical or mental harm to the qualified patient if administered or used in conjunction with THC or medical cannabis, based on the known clinical characteristics of the patient and the known characteristics and history of the patient’s treatment or medication regimen.
(B) The treatment or medication is expected to be ineffective based on the known clinical characteristics of the qualified patient and the known characteristics and history of the patient’s treatment or medication regimen.
(C) The treatment or medication, when administered or used in conjunction with THC or medical cannabis, is not clinically appropriate for the qualified patient because the treatment or medication is expected to do any of the following, as determined by a physician and surgeon:
(i) Worsen a comorbid condition.
(ii) Decrease the capacity to maintain a reasonable functional ability in performing daily activities.
(iii) Pose a significant barrier to adherence to, or compliance with, the qualified patient’s drug regimen or plan of care.
(D) Any other clinically or medically relevant determination.
(2) “Qualified patient” has the same meaning as defined in Section 11362.7 of the Health and Safety Code.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.