BILL NUMBER: AB 583 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2009
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 amended, 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 each of 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. The bill would also require an
office that is part of a group practice with more than one physician
and surgeon to post a current schedule of the hours when a physician
and surgeon is present. The bill would exempt health care
practitioners working in certain licensed laboratories and health
care facilities, as specified, from the requirements to disclose
license type, highest level of academic degree, and name of
certifying board or association providing certification in the
practitioner's specialty or subspecialty.
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, 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 and highest level of
academic degree are prominently displayed or who has communicated in
writing to the practice's or office's patients his or her license
status, license type, and highest level of academic 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.
680. (a) (1) Except as otherwise provided in this
section, a health care practitioner shall disclose, while working,
his or her name, practitioner's license status, license type, as
granted by this state, and the highest level of academic degree he or
she holds, by one of the following methods:
(A) On a name tag in at least 18-point type.
(B) In writing to a patient at the patent's initial office visit.
(C) In a prominent display in his or her office.
(2) 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.
(3) (A) 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 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 be deemed to prohibit a certified nurse assistant from using
his or her title.
(2)
(B) 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 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 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 prominently display 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. If the office is a
part of a group practice with more than one physician and surgeon,
the office shall post a current schedule of the hours when a
physician and surgeon is present in the office.
(f) Subdivisions (d) and (e) shall not apply to a health care
practitioner working in a facility licensed under Section 1250 of the
Health and Safety Code or in a clinical laboratory licensed under
Section 1265.