(a) A complete report shall be sent to the Medical Board of
California, the Osteopathic Medical Board, or the California Board
of Podiatric Medicine, with respect to a licensee of the board as to
the following:
   (1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services.
   (2) A settlement over thirty thousand dollars ($30,000) if it is
based on the licensee's alleged negligence, error, or omission in
practice, or by the licensee's rendering of unauthorized professional
services, and a party to the settlement is a corporation, medical
group, partnership, or other corporate entity in which the licensee
has an ownership interest or that employs or contracts with the
licensee.
   (b) The report shall be sent by the following:
   (1) The insurer providing professional liability insurance to the
licensee.
   (2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
   (3) A state or local governmental agency that self-insures the
licensee.
   (c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
   (d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
   (e) If an insurer is required under subdivision (b) to send the
report, the insurer shall notify the claimant, or if the claimant is
represented by counsel, the claimant's counsel, that the insurer has
sent the report to the Medical Board of California, the Osteopathic
Medical Board of California, or the California Board of Podiatric
Medicine. If the claimant, or his or her counsel, has not received
this notice within 45 days after the settlement was reduced to
writing and signed by all of the parties or the arbitration award was
served on the parties or the date of entry of the civil judgment,
the claimant or the claimant's counsel shall make the report to the
appropriate board.
   (f) If the licensee or his or her counsel is required under
subdivision (b) to send the report, the licensee or his or her
counsel shall send a copy of the report to the claimant or to his or
her counsel if he or she is represented by counsel. If the claimant
or his or her counsel has not received a copy of the report within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
   (g) Failure of the licensee or claimant, or counsel representing
the licensee or claimant, to comply with subdivision (f) is a public
offense punishable by a fine of not less than fifty dollars ($50) and
not more than five hundred dollars ($500). A knowing and intentional
failure to comply with subdivision (f) or a conspiracy or collusion
not to comply with subdivision (f), or to hinder or impede any other
person in the compliance, is a public offense punishable by a fine of
not less than five thousand dollars ($5,000) and not more than fifty
thousand dollars ($50,000).
   (h) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
   (2) The report shall be deemed complete only if it includes the
following information:
   (A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
   (B) The name and last known business and residential address of
every physician and surgeon or doctor of podiatric medicine who was
alleged to have acted improperly, whether or not that person was a
named defendant in the action and whether or not that person was
required to pay any damages pursuant to the settlement, arbitration
award, or judgment.
   (C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
   (D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
   (E) A brief description or summary of the facts of each claim,
charge, or allegation, including the date of occurrence.
   (F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
   (G) The amount of the judgment and the date of its entry; the
amount of the arbitration award, the date of its service on the
parties, and a copy of the award document; or the amount of the
settlement and the date it was reduced to writing and signed by all
parties. If an otherwise reportable settlement is entered into after
a reportable judgment or arbitration award is issued, the report
shall include both the settlement and the judgment or award.
   (H) The specialty or subspecialty of the physician and surgeon or
the doctor of podiatric medicine who was the subject of the claim or
action.
   (I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
   (3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
   (i) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
   (j) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.

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Bostwick & Associates San Francisco Injury Lawyer.
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Michelle Gee Palo Alto Immigration Lawyer.
Stephen T. Hodge Elk Grove Estate Planning Lawyer.
Bethani Jackson San Mateo Criminal Defense Lawyer.
Nicholas C. Rowley California Injury Lawyer.
Thomas G. Lewellyn Oakland Injury Lawyer.
Tilden Moschetti San Francisco Divorce Lawyer.
Jeremy Ofseyer Palm Springs Estate Planning Lawyer.
Larry H. Parker Los Angeles Personal Injury Lawyer.
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Scott Righthand San Francisco Personal Injury Lawyer.
Scott Sagaria San Jose Family Lawyer.
Edward A. Smith Sacramento Auto Accident Lawyer.
Weiss LLP San Mateo Business Lawyer.
Clarke Logan Young Los Angeles Divorce Lawyer.

Last modified: July 31, 2008