Amended
IN
Assembly
March 17, 2021 |
Introduced by Assembly Member Nazarian |
February 19, 2021 |
Under existing law, it is unlawful for healing arts licensees, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, subject to certain exceptions. Existing law also prohibits specified
healing arts licensees from charging, billing, or otherwise soliciting payment from a patient on behalf of, or referring a patient to, an organization in which the licensee, or the licensee’s immediate family, has a significant beneficial interest, unless the licensee first makes specified disclosures in writing to the patient.
This bill would require the responsible board to assess an administrative fine of $100 on a healing arts licensee for each violation. The bill would require the board to assess an administrative fine of $100 on a health care employer for each physician and surgeon who the employer employs and who would have been fined for violating the bill’s provisions. The bill would require that the administrative fines be deposited in the state General Fund and would declare that they be used, upon appropriation by the Legislature, to enforce the provisions of the bill.
(2)
(b)A violation of this section shall constitute unprofessional conduct.
(a)(1)The Medical Board of California or the Osteopathic Medical Board of California, as applicable, shall assess an administrative fine of one hundred dollars ($100) on a physician and surgeon for each violation of this article.
(2)For violations by a health care employer pursuant to subdivision (c) of Section 662, the Medical Board of California or the Osteopathic Medical Board of California, as applicable, shall assess an administrative fine of one hundred dollars ($100) on the health care employer for each violation by each physician and surgeon who is employed by the health care employer and who would have been fined for violating subdivision (a) or (b) of Section 662.
(b)Administrative fines collected pursuant to this section shall be deposited in the state General Fund and shall be used, upon appropriation by the Legislature, to enforce this article.