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§ 1356.2. Statute of Limitations--Discovery of Act.

16 CA ADC § 1356.2Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13. Medical Board of California (Refs & Annos)
Chapter 2. Enforcement
Article 1. General Provisions
16 CCR § 1356.2
§ 1356.2. Statute of Limitations--Discovery of Act.
Currentness
(a) For purposes of Section 2230.5 of the code, the word “discovers” means, with respect to each act or omission alleged as the ground for disciplinary action:
(1) the date the board received a complaint or report describing the act or omission.
(2) the date, subsequent to the original complaint or report, on which the board became aware of any additional acts or omissions alleged as the ground for disciplinary action against the same individual.
(b) For purposes of this section:
(1) “Complaint” means a written complaint from the public or a written complaint generated by board staff that names a particular physician.
(2) “Report” means any written report required under the code to be filed with the board, but does not include a notice filed under Code of Civil Procedure Section 364.1.
(c) A notice filed under Code of Civil Procedure Section 364.1 shall be retained, pursuant to that code section, in a potential investigation file. If a complaint or report on the same act or omission is subsequently received by the board, the date the board discovers the act or omission alleged as the ground for disciplinary action is the date the board receives that complaint or report.

Credits

Note: Authority cited: Section 2018, Business and Professions Code. Reference: Section 2230.5, Business and Professions Code.
History
1. New section filed 12-21-98 as an emergency; operative 12-21-98 (Register 98, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-20-99 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 83, No. 33.
2. Certificate of Compliance as to 12-21-98 order, including additional amendments, transmitted to OAL 4-20-99 and filed 5-27-99 (Register 99, No. 22).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 16, § 1356.2, 16 CA ADC § 1356.2
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