California Business and Professions Code ARTICLE 12 - Enforcement

• Section 2220.
  Except as otherwise provided by law, the board may take action against all persons guilty of violating this chapter. The board shall enforce and administer...
• Section 2220.05.
  (a) In order to ensure that its resources are maximized for the protection of the public, the Medical Board of California and the California Board of...
• Section 2220.08.
  (a) Except for reports received by the board pursuant to Section 801.01 or 805 that may be treated as complaints by the board and new complaints...
• Section 2220.5.
  (a) The Medical Board of California is the only licensing board that is authorized to investigate or commence disciplinary actions relating to physicians and surgeons who...
• Section 2220.6.
  The board shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal...
• Section 2220.7.
  (a) A physician and surgeon shall not include or permit to be included any of the following provisions in an agreement to settle a civil dispute...
• Section 2221.
  (a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee...
• Section 2221.05.
  (a) Notwithstanding subdivision (a) of Section 2221, the board may issue a physician’s and surgeon’s certificate to an applicant who has committed minor violations that the...
• Section 2221.1.
  (a) The board and the California Board of Podiatric Medicine shall investigate and may take disciplinary action, including, but not limited to, revocation or suspension of...
• Section 2222.
  The California Board of Podiatric Medicine shall enforce and administer this article as to doctors of podiatric medicine. Any acts of unprofessional conduct or other...
• Section 2224.
  (a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of the board...
• Section 2225.
  (a) Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of podiatric medicine and his or her...
• Section 2225.3.
  The board, the California Board of Podiatric Medicine, and the Attorney General, shall return any original documents received pursuant to Section 2225 to the licensee...
• Section 2225.5.
  (a) (1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s...
• Section 2226.
  The Division of Medical Quality or the Senior Assistant Attorney General of the Health Quality Enforcement Section may inspect a licensed general or specialized hospital...
• Section 2227.
  (a) A licensee whose matter has been heard by an administrative law judge of the Medical Quality Hearing Panel as designated in Section 11371 of the...
• Section 2227.5.
  The board shall keep a copy of a complaint it receives concerning the unprofessional conduct of a licensee for seven years or until the statute...
• Section 2228.
  The authority of the board or the California Board of Podiatric Medicine to discipline a licensee by placing him or her on probation includes, but...
• Section 2229.
  (a) Protection of the public shall be the highest priority for the Division of Medical Quality, the California Board of Podiatric Medicine, and administrative law judges...
• Section 2230.
  (a) All proceedings against a licensee for unprofessional conduct, or against an applicant for licensure for unprofessional conduct or cause, shall be conducted in accordance with...
• Section 2230.5.
  (a) Except as provided in subdivisions (b), (c), and (e), any accusation filed against a licensee pursuant to Section 11503 of the Government Code shall be...
• Section 2231.
  An administrative law judge as designated in Section 11371 of the Government Code may utilize the procedures in Section 11515 of the Government Code concerning...
• Section 2232.
  (a) Except as provided in subdivisions (c), (d), and (e), the board shall automatically revoke the license of any person who, at any time after January...
• Section 2233.
  The board may, by stipulation or settlement with the affected physician and surgeon, issue a public letter of reprimand after it has conducted an investigation...
• Section 2234.
  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,...
• Section 2234.1.
  (a) A physician and surgeon shall not be subject to discipline pursuant to subdivision (b), (c), or (d) of Section 2234 solely on the basis that...
• Section 2235.
  Upon referral from the division, the Senior Assistant Attorney General of the Health Quality Enforcement Section shall initiate action against any licensee who obtains a...
• Section 2236.
  (a) The conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of...
• Section 2236.1.
  (a) A physician and surgeon’s certificate shall be suspended automatically during any time that the holder of the certificate is incarcerated after conviction of a felony,...
• Section 2236.2.
  (a) Notwithstanding Article 9 (commencing with Section 700) of Chapter 1 of Division 2 or any other provision of law, a physician and surgeon’s certificate shall...
• Section 2237.
  (a) The conviction of a charge of violating any federal statutes or regulations or any statute or regulation of this state, regulating dangerous drugs or controlled...
• Section 2238.
  A violation of any federal statute or federal regulation or any of the statutes or regulations of this state regulating dangerous drugs or controlled substances...
• Section 2239.
  (a) The use or prescribing for or administering to himself or herself, of any controlled substance; or the use of any of the dangerous drugs specified...
• Section 2240.
  (a) A physician and surgeon who performs a medical procedure outside of a general acute care hospital, as defined in subdivision (a) of Section 1250 of...
• Section 2241.
  (a) A physician and surgeon may prescribe, dispense, or administer prescription drugs, including prescription controlled substances, to an addict under his or her treatment for a...
• Section 2241.3.
  Notwithstanding any other provision of law, nothing shall preclude a physician and surgeon from prescribing the use of a phototherapy device to a patient of...
• Section 2241.5.
  (a) A physician and surgeon may prescribe for, or dispense or administer to, a person under his or her treatment for a medical condition dangerous drugs...
• Section 2241.6.
  The Division of Medical Quality shall develop standards before June 1, 2002, to assure the competent review in cases concerning the management, including, but not...
• Section 2242.
  (a) Prescribing, dispensing, or furnishing dangerous drugs as defined in Section 4022 without an appropriate prior examination and a medical indication, constitutes unprofessional conduct.(b) No licensee shall...
• Section 2242.1.
  (a) No person or entity may prescribe, dispense, or furnish, or cause to be prescribed, dispensed, or furnished, dangerous drugs or dangerous devices, as defined in...
• Section 2242.2.
  Notwithstanding any other law, a physician and surgeon, a registered nurse acting in accordance with Section 2725.2, a certified nurse-midwife acting within the scope of...
• Section 2243.
  Upon referral by the National Health Services Corps to the Attorney General of the United States of any physician or surgeon who fails to provide...
• Section 2244.
  A physician and surgeon who collects biological specimens for clinical testing or examination shall secure or ensure that his or her employees, agents, or contractors...
• Section 2245.
  (a) The Medical Board of California on a quarterly basis shall review the data provided pursuant to Section 14028 of the Welfare and Institutions Code by...
• Section 2246.
  Any proposed decision or decision issued under this article that contains any finding of fact that the licensee engaged in any act of sexual exploitation,...
• Section 2247.
  (a)A licensee shall meet the requirements set forth in subdivision (f) of Section 1031 of the Government Code prior to performing either of the following:(1) An...
• Section 2248.
  This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act.(a) If a physician and surgeon, during a...
• Section 2248.5.
  (a) A standardized written summary in layman’s language and in a language understood by patients shall be approved by the State Department of Health Services. The...
• Section 2249.
  (a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient during the annual examination in layperson’s language...
• Section 2250.
  The willful failure to comply with the requirements of Article 6 (commencing with Section 14191) of Chapter 7 of Part 3 of Division 9 of...
• Section 2251.
  The prescribing, dispensing, administering, or furnishing of liquid silicone for the purpose of injecting such substance into a human breast or mammary constitutes unprofessional conduct.(Added...
• Section 2252.
  The violation of Chapter 4 (commencing with Section 109250) of Part 4 of Division 104 of the Health and Safety Code, or any violation of...
• Section 2253.
  (a) Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the...
• Section 2254.
  The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct.(Amended by Stats....
• Section 2255.
  The violation of any provision of Chapter 2.3 (commencing with Section 1400) of Division 2 of the Health and Safety Code, relating to the unlawful...
• Section 2256.
  Any intentional violation of Sections 5326.2 to 5326.8, inclusive, of the Welfare and Institutions Code, relating to the rights of involuntarily confined inpatients, constitutes unprofessional...
• Section 2257.
  The violation of Section 109275 of the Health and Safety Code, relating to informed consent for the treatment of breast cancer, constitutes unprofessional conduct.(Amended by...
• Section 2258.
  The violation of Section 1708.5 of the Health and Safety Code, relating to the use of laetrile or amygdalin with respect to cancer therapy, constitutes...
• Section 2259.
  (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing silicone implants used...
• Section 2259.5.
  (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing collagen injections used...
• Section 2259.7.
  The Medical Board of California shall adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and surgeon outside...
• Section 2259.8.
  (a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received, within 30...
• Section 2260.
  (a) A physician and surgeon who removes sperm or ova from a patient shall, before the sperm or ova are used for a purpose other than...
• Section 2260.5.
  A violation of Section 24185 of the Health and Safety Code, relating to human cloning, constitutes unprofessional conduct.(Amended by Stats. 2002, Ch. 821, Sec. 1....
• Section 2261.
  Knowingly making or signing any certificate or other document directly or indirectly related to the practice of medicine or podiatry which falsely represents the existence...
• Section 2262.
  Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct.In addition...
• Section 2263.
  The willful, unauthorized violation of professional confidence constitutes unprofessional conduct.(Added by Stats. 1980, Ch. 1313, Sec. 2.)
• Section 2264.
  The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in the...
• Section 2266.
  The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients constitutes unprofessional conduct.(Added...
• Section 2271.
  Any advertising in violation of Section 17500, relating to false or misleading advertising, constitutes unprofessional conduct.(Added by Stats. 1980, Ch. 1313, Sec. 2.)
• Section 2272.
  Any advertising of the practice of medicine in which the licensee fails to use his or her own name or approved fictitious name constitutes unprofessional...
• Section 2273.
  (a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct.(b) A licensee shall have his...
• Section 2274.
  (a) The use by any licensee of any certificate, of any letter, letters, word, words, term, or terms either as a prefix, affix, or suffix indicating...
• Section 2275.
  Any person who held a physician’s and surgeon’s certificate under the jurisdiction of the Osteopathic Medical Board of California and a degree of doctor of...
• Section 2276.
  Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of osteopathy after the completion of a...
• Section 2277.
  Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of podiatric medicine after the completion of...
• Section 2278.
  Unless a person authorized under this chapter to use the title “doctor” or the letters or prefix “Dr.” holds a physician’s and surgeon’s certificate, the...
• Section 2280.
  No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her...
• Section 2281.
  A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on...
• Section 2282.
  The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does...
• Section 2282.5.
  (a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following:(1) Establishing, in medical staff bylaws, rules, or regulations, criteria...
• Section 2282.5.a.
  (a) The medical staff’s right of self-governance shall include, but not be limited to, all of the following:(1) Establishing, in medical staff bylaws, rules, or regulations, criteria...
• Section 2283.
  The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does...
• Section 2284.
  (a) A licensed physician and surgeon or a licensed podiatrist, or a group of physicians and surgeons or podiatrists, or a medical or podiatry corporation shall...
• Section 2285.
  The use of any fictitious, false, or assumed name, or any name other than his or her own by a licensee either alone, in conjunction...
• Section 2286.
  It shall constitute unprofessional conduct for any licensee to violate, to attempt to violate, directly or indirectly, to assist in or abet the violation of,...
• Section 2287.
  The purchase, sale, or barter, or offering to purchase, sell, or barter any medical or podiatric degree, or any degree, diploma, certificate, affidavit, transcript, or...
• Section 2288.
  The impersonation of any applicant or acting as proxy for any applicant in any examination required under this chapter for a certificate constitutes unprofessional conduct.(Repealed...
• Section 2289.
  The impersonation of another licensed practitioner or permitting or allowing another person to use his or her certificate to engage in the practice of medicine...
• Section 2290.
  The provisions of Article 4 (commencing with Section 580) of Chapter 1, relating to frauds of medical records, degrees, diplomas, certificates, and transcripts are not...
• Section 2290.5.
  (a) For purposes of this division, the following definitions shall apply:(1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site...
• Section 2291.
  It is unprofessional conduct for any licensee not a member or authorized official of the board, or of the California Board of Podiatric Medicine in...
• Section 2292.
  (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by a medical expert designated by the division or...
• Section 2293.
  (a) The professional competency examination shall be in the form of an oral clinical examination to be administered by three physician examiners selected by the division...
• Section 2294.
  (a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination administered, the division shall...
• Section 2305.
  The revocation, suspension, or other discipline, restriction, or limitation imposed by another state upon a license or certificate to practice medicine issued by that state,...
• Section 2306.
  If a licensee’s right to practice medicine is suspended, he or she shall not engage in the practice of medicine during the term of such...
• Section 2307.
  (a) A person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed...
• Section 2310.
  (a) If a physician and surgeon possesses a license or is otherwise authorized to practice medicine (1) in any state other than California or (2) by...
• Section 2311.
  Whenever any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an offense against this...
• Section 2312.
  The Division of Medical Quality shall seek to obtain an injunction against any physician and surgeon within its jurisdiction if the division has reasonable cause...
• Section 2313.
  The board shall report annually to the Legislature, no later than October 1 of each year, the following information:(a) The total number of temporary restraining orders...
• Section 2314.
  (a) Unless it is otherwise expressly provided, any person, whether licensed under this chapter or not, who violates any provision of this article is guilty of...
• Section 2315.
  (a) Except as otherwise provided by law, any person found guilty of a misdemeanor for a violation of this chapter shall be punished by a fine...
• Section 2316.
  If a licensed physician and surgeon who provides expertise to the board in the evaluation of an applicant or a licensee is, as a result...
• Section 2317.
  If a person, not a regular employee of the board, is hired, under contract, or retained under any other arrangement, paid or unpaid, to provide...
• Section 2318.
  In addition to any immunity afforded by Sections 43.8 and 47 of the Civil Code, if applicable, any person, including, but not limited to, a...
• Section 2319.
  (a) The board shall set as a goal the improvement of its disciplinary system by January 1, 1992, so that an average of no more than...

Last modified: October 22, 2018