§ 2052.5. — 2052.5. (Added by Stats. 2023, Ch. 837, Sec. 2.)

California § 2052.5.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 5.: CHAPTER 5. Medicine
• Art. 3.: ARTICLE 3. License Required and Exemptions

Text

(a)
For purposes of this section, the following definitions apply:
(1)
“Eligible patient” means a person who meets all of the following requirements:
(A)
Has an immediately life-threatening disease or condition as defined in Section 111548.1 of the Health and Safety Code.
(B)
Has given written informed consent for, or, if the person lacks the capacity to consent, their legally authorized representative has given written informed consent on their behalf for, both of the following:
(i)
The use of an eligible out-of-state physician and surgeon’s telehealth health care services.
(ii)
The release of certified medical records to their primary physician and surgeon by the out-of-state physician.
(C)
Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in paragraph (3), it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease.
(D)
Has documentation from their primary
physician and surgeon attesting that they meet the requirements in subparagraphs (A), (B), and (C). The primary physician and surgeon may withdraw the documentation if there is a substantial change in the patient’s mental capacity to make informed decisions for their own care unless their legally authorized representative has given written informed consent on their behalf.
(2)
“Eligible out-of-state physician and surgeon” means a person who is licensed as a physician and surgeon in another state in good standing with no history of prior discipline, and whose medical expertise is that of the eligible patient’s illness.
(3)
“Primary physician and surgeon” means a physician and surgeon licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000))
or an osteopathic physician and surgeon licensed under the Osteopathic Act (Article 21 (commencing with Section 2450)).
(4)
“Telehealth” has the same meaning as provided in Section 2290.5.
(b)
Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient.

Legislative History

Added by Stats. 2023, Ch. 837, Sec. 2. (AB 1369) Effective January 1, 2024.