§ 2078. — 2078. (Added by Stats. 1996, Ch. 890, Sec. 1.)

California § 2078.

• 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)
As used in this section, “DMSO” means dimethyl sulfoxide.
(b)
A licensed physician and surgeon shall, prior to treating a patient with a DMSO preparation, inform the patient in writing if DMSO has not been approved as a treatment or cure by the Food and Drug Administration for the disorder for which it is being prescribed.
(c)
If DMSO is prescribed for any purpose other than for those purposes approved pursuant to Section 111550 of the Health and Safety Code, informed consent shall first be obtained from the patient.
As used in this subdivision, “informed consent” means the authorization given by the patient for treatment with DMSO after each of the following conditions have been satisfied:
(1)
The patient is informed verbally, in nontechnical terms, about all of the following:
(A)
A description of treatment procedures to be used in administering DMSO.
(B)
A description of any attendant discomfort and risks to the patient that can be reasonably expected from treatment with DMSO.
(C)
An explanation of any benefits to the patient that can be reasonably expected.
(D)
An explanation of any appropriate alternative procedures, drugs, or devices that might be advantageous to the patient, and their relative risks and benefits.
(E)
An offer to answer any inquiries concerning the treatment of the procedures involved.
(2)
The patient signs and dates a written consent form acknowledging that disclosure has been given pursuant to paragraph (1), and acknowledging consent to treatment with DMSO pursuant to this section. The patient shall be provided with a copy of the signed and dated form.
(d)
An organized health care system may require that the administration of DMSO within the organized health care system be performed pursuant to standardized procedures developed by the organized health care system through collaboration among administrators and health professionals.

Legislative History

Added by Stats. 1996, Ch. 890, Sec. 1. Effective January 1, 1997.