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California Business And Professions Code Section 802

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 802

(a) Every settlement, judgment, or arbitration award over
three thousand dollars ($3,000) of a claim or action for damages for
death or personal injury caused by negligence, error or omission in
practice, or by the unauthorized rendering of professional services,
by a person who holds a license, certificate, or other similar
authority from an agency mentioned in subdivision (a) of Section 800
(except a person licensed pursuant to Chapter 3 (commencing with
Section 1200) or Chapter 5 (commencing with Section 2000) or the
Osteopathic Initiative Act) who does not possess professional
liability insurance as to that claim shall, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties, be reported to the agency that
issued the license, certificate, or similar authority.  A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if the person is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if the
claimant is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make the complete report. Failure of the licensee
or claimant (or, if represented by counsel, their counsel) to comply
with this section is a public offense punishable by a fine of not
less than fifty dollars ($50) or more than five hundred dollars
($500). Knowing and intentional failure to comply with this section
or conspiracy or collusion not to comply with this section, 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) nor more than fifty thousand dollars ($50,000).
   (b) Every settlement, judgment, or arbitration award over ten
thousand dollars ($10,000) of a claim or action for damages for death
or personal injury caused by negligence, error, or omission in
practice, or by the unauthorized rendering of professional services,
by a marriage and family therapist or clinical social worker licensed
pursuant to Chapter 13 (commencing with Section 4980) or Chapter 14
(commencing with Section 4990) who does not possess professional
liability insurance as to that claim shall within 30 days after the
written settlement agreement has been reduced to writing and signed
by all the parties thereto or 30 days after service of the judgment
or arbitration award on the parties be reported to the agency that
issued the license, certificate, or similar authority. A complete
report shall be made by appropriate means by the person or his or her
counsel, with a copy of the communication to be sent to the claimant
through his or her counsel if he or she is so represented, or
directly if he or she is not. If, within 45 days of the conclusion of
the written settlement agreement or service of the judgment or
arbitration award on the parties, counsel for the claimant (or if he
or she is not represented by counsel, the claimant himself or
herself) has not received a copy of the report, he or she shall
himself or herself make a complete report. Failure of the marriage
and family therapist or clinical social worker or claimant (or, if
represented by counsel, their counsel) to comply with this section is
a public offense punishable by a fine of not less than fifty dollars
($50) nor more than five hundred dollars ($500). Knowing and
intentional failure to comply with this section, or conspiracy or
collusion not to comply with this section or to hinder or impede any
other person in that compliance, is a public offense punishable by a
fine of not less than five thousand dollars ($5,000) nor more than
fifty thousand dollars ($50,000).

Last modified: January 12, 2009