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§ 1399.703. Requirements for Information Disclosure.

16 CA ADC § 1399.703Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.9. Podiatric Medical Board of California
Article 9. Information Disclosure
16 CCR § 1399.703
§ 1399.703. Requirements for Information Disclosure.
Currentness
The Podiatric Medical Board of California will disclose the following information, if known, upon any request regarding any doctor of podiatric medicine licensed in California:
(a) Current status of a license, issuance and expiration date of a license, podiatric medical school of graduation, and date of graduation.
(b) Any public action or administrative decision against any doctor of podiatric medicine, and any disposition thereof, taken by the Board, another state or the Federal Government including, but not limited to:
(1) the filing of an accusation;
(2) licensure revocations;
(3) denial of an application for licensure;
(4) temporary restraining orders;
(5) interim suspension orders;
(6) citations, infractions, or fines imposed;
(7) limitations on practice ordered by the board, including those made part of a probationary order or stipulated agreement; and
(8) public letters of reprimand.
The following disclaimer shall be included with these disclosures:
“Any adverse judgment or administrative order is subject to appeal or challenge by the doctor of podiatric medicine. For example, if an order revoking the license of a doctor of podiatric medicine is adopted by the Board, he or she can challenge that order by filing a petition for a writ of mandamus in superior court. If this court determines the order was issued contrary to law, it can vacate the Board's action and order that the doctor of podiatric medicine be reinstated.”
(c) Accusations which have been filed and later withdrawn shall be retained in the board's files for a period of one year after the accusation was withdrawn.
(d) Civil judgments in any amount of a claim or action for damages for death or personal injury caused by the negligence, error, or omission in practice by a doctor of podiatric medicine, or by his or her rendering unauthorized professional services, whether or not vacated by a settlement after entry of the judgment, and not reversed on appeal, including the date and amount of judgment, the court and case number, a brief summary of the circumstances as provided by the court, plus any information the Board possesses pertaining to the disposition of the case following entry of judgment. The Board shall also include the following disclaimer with such disclosures:
“Any civil judgment is subject to appeal by the losing party. For example, if a judgment is entered against a doctor of podiatric medicine, he or she can appeal to a higher court. If this court determines the judgment was entered in error, it can either vacate it or reduce the amount of any money damages awarded against the podiatrist.”
(e) Arbitration awards in any amount of a claim or action for damages for death or personal injury caused by the negligence, error, or omission in practice of the doctor of podiatric medicine, or by his or her rendering unauthorized professional services.
(f) California felony convictions reported to the board on or after January 1, 1991, including the nature of the conviction, the date of conviction, the sentence, if known, the court of jurisdiction, and an appropriate disclaimer including, but not limited to, the accuracy of the information provided.
(g) Summaries of any disciplinary actions taken at a hospital or any other type of health care facility that result in the termination or revocation of staff privileges of a doctor of podiatric medicine for medical disciplinary cause or reason.
(h) Matters that have been referred to the Attorney General for the filing of an accusation or statement of issues; provided that:
(1) The matter has not been rejected by the Attorney General; and
(2) The following disclaimer accompanies the disclosure:
“Referral of a matter to the Attorney General for the filing of an accusation or statement of issues only occurs after an investigation has been conducted by the Board and a determination has been made that the actions of the doctor of podiatric medicine are of a nature that should warrant disciplinary action. In some instances, however, the Attorney General may determine that disciplinary action is not warranted. Such cases will normally not result in the filing of a formal accusation. When an accusation is filed, the podiatrist will be given notice and the right to request a hearing before an independent administrative law judge. At such a hearing the Board has the burden of proving the allegations contained in the accusation. Unless a legal determination is made that the Board has sustained this burden, no disciplinary action may be taken against the doctor of podiatric medicine.”

Credits

Note: Authority cited: Sections 803, 803.1 and 2470, Business and Professions Code; and Section 6253, Government Code. Reference: Sections 803 and 803.1, Business and Professions Code.
History
1. Renumbering and amendment of former section 1399.700 to section 1399.703 filed 4-15-2004; operative 5-15-2004 (Register 2004, No. 16).
2. Change without regulatory effect amending first paragraph filed 8-28-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 35).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.703, 16 CA ADC § 1399.703
End of Document