§ 2234. — 2234. (Amended by Stats. 2023, Ch. 294, Sec. 17.)

California § 2234.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 2.: DIVISION 2. HEALING ARTS
• Ch. 5.: CHAPTER 5. Medicine
• Art. 12.: ARTICLE 12. Enforcement

Text

The board shall take action against any licensee who is charged with unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not limited to, the following:
(a)
Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.
(b)
Gross negligence.
(c)
Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.
(1)
An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.
(2)
When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee’s conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.
(d)
Incompetence.
(e)
The commission of any act involving dishonesty or corruption that is substantially related to the qualifications, functions, or duties of a physician and surgeon.
(f)
Any action or conduct that would have warranted the denial of a certificate.
(g)
The failure by a certificate holder, in the absence of good cause, to attend and participate in an interview by the board no later than 30 calendar days after being notified by the board. This subdivision shall only apply to a certificate holder who is the subject of an investigation by the board.
(h)
Any action of the licensee, or another person acting on behalf of the licensee, intended to cause their patient or their patient’s authorized representative to rescind consent to release the patient’s medical records to the board or the Department of Consumer Affairs, Health Quality Investigation Unit.
(i)
Dissuading, intimidating, or tampering with a patient, witness, or any
person in an attempt to prevent them from reporting or testifying about a licensee.

Legislative History

Amended by Stats. 2023, Ch. 294, Sec. 17. (SB 815) Effective January 1, 2024.