BILL NUMBER: AB 583	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 25, 2009

   An act to amend Section 680 of the Business and Professions Code,
relating to health care practitioners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 583, as introduced, Hayashi. Health care practitioners:
disclosure of education and office hours.
   Existing law requires a health care practitioner to disclose,
while working, his or her name and practitioner's license status on a
name tag in at least 18-point type or prominently display his or her
license in his or her office, except as specified.
   This bill would require those health care practitioners to also
display the type of license and, except for nurses, the highest level
of academic degree he or she holds either on a name tag in at least
18-point type, in his or her office, or in writing given to patients.
The bill would require a physician and surgeon, osteopathic
physician and surgeon, and doctor of podiatric medicine who is
certified in a medical specialty, as specified, to disclose the name
of the certifying board or association either on a name tag in at
least 18-point type, in writing given to the patient on the patient's
first office visit, or in his or her office. The bill would require
a physician and surgeon who supervises an office in addition to his
or her primary practice location to conspicuously post in each office
a schedule of the regular hours when he or she will be present in
that office and the office hours during which he or she will not be
present.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 680 of the Business and Professions Code is
amended to read:
   680.  (a)  (1)    Except as otherwise provided
in this section, a health care practitioner shall disclose, while
working, his or her name  and   , 
practitioner's license status  and license type  , as
granted by this state,  and the highest level of academic degree
he or she holds,  on a name tag in at least 18-point type. A
health care practitioner in a practice or an office, whose license
 is   and highest level of academic degree are
 prominently displayed  or   who   has
communicated in writing to the   practice's or office's
  patient   s   his or her license status,
license type, and highest level of   aca   demic
  degree  , may opt to not wear a name tag. If a health
care practitioner or a licensed clinical social worker is working in
a psychiatric setting or in a setting that is not licensed by the
state, the employing entity or agency shall have the discretion to
make an exception from the name tag requirement for individual safety
or therapeutic concerns. In the interest of public safety and
consumer awareness, it shall be unlawful for any person to use the
title "nurse" in reference to himself or herself and in any capacity,
except for an individual who is a registered nurse or a licensed
vocational nurse, or as otherwise provided in Section 2800. Nothing
in this section shall prohibit a certified nurse assistant from using
his or her title. 
   (2) An individual licensed under Chapter 6 (commencing with
Section 2700) is not required to disclose the highest level of
academic degree he or she holds. 
   (b) Facilities licensed by the State Department of Social
Services, the State Department of Mental Health, or the State
Department of  Public  Health  Services 
shall develop and implement policies to ensure that health care
practitioners providing care in those facilities are in compliance
with subdivision (a). The State Department of Social Services, the
State Department of Mental Health, and the State Department of 
Public  Health  Services  shall verify through
periodic inspections that the policies required pursuant to
subdivision (a) have been developed and implemented by the respective
licensed facilities.
   (c) For purposes of this article, "health care practitioner" means
any person who engages in acts that are the subject of licensure or
regulation under this division or under any initiative act referred
to in this division. 
   (d) An individual licensed under Chapter 5 (commencing with
Section 2000) or under the Osteopathic Act, who is certified by (1)
an American Board of Medical Specialties member board, (2) a board or
association with equivalent requirements approved by that person's
medical licensing authority, or (3) a board or association with an
Accreditation Council for Graduate Medical Education approved
postgraduate training program that provides complete training in that
specialty or subspecialty, shall disclose the name of the board or
association by one of the following methods:  
   (1) On a name tag in at least 18-point type.  
   (2) In writing to a patient at the patient's initial office visit.
 
   (3) In a prominent display in his or her office.  
   (e) A physician and surgeon who supervises an office in addition
to his or her primary practice location shall conspicuously post in
each of those offices a current schedule of the regular hours when he
or she is present in the respective office, and the hours during
which each office is open and he or she is not present.