BILL NUMBER: AB 583	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  JULY 8, 2009
	AMENDED IN SENATE  JUNE 22, 2009

INTRODUCED BY   Assembly Member Hayashi

                        FEBRUARY 25, 2009

   An act to  amend Section 680 of   add Section
680.5 to  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 to 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
  as specified  , the highest level of academic
degree he or she holds either  on a name tag in at least
18-point type,   prominently displayed  in his or
her office, or in writing given to  patients   a
patient on his or her initial office visit  . The bill would
require a physician and surgeon,  and an  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 
a prominent display 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  specified
 health care practitioners  , including, without limitation,
persons  working in certain licensed laboratories and health
care facilities, as specified, from  the   these
 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 680.5 is added to the 
 Business and Professions Code   , to read:  
   680.5.  (a) (1) A health care practitioner licensed under Division
2 (commencing with Section 500) shall communicate to a patient his
or her name, state-granted practitioner license type, and highest
level of academic degree, by one or both of the following methods:
   (A) In writing at the patient's initial office visit.
   (B) In a prominent display in an area visible to patients in his
or her office.
   (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) A person 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 requirements equivalent to a board described in
paragraph (1) 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 the person's specialty or
subspecialty, shall disclose the name of the board or association by
either method described in subdivision (a).
   (c) A health care practitioner who chooses to disclose the
information required by subdivisions (a) and (b) pursuant to
subparagraph (A) of paragraph (1) of subdivision (a) shall present
that information in at least 24-point type in the following format:

     HEALTH CARE PRACTITIONER INFORMATION 
 1. Name and license........................... . 
 2. Highest level of academic degree........... . 
 3. Board certification (ABMS/MBC)............. . 



   (d) This section shall not apply to the following health care
practitioners:
   (1) A person who provides professional medical services to
enrollees of a health care service plan that exclusively contracts
with a single medical group in a specific geographic area to provide
or arrange for professional medical services for the enrollees of the
plan.
   (2) A person who works in a facility licensed under Section 1250
of the Health and Safety Code or in a clinical laboratory licensed
under Section 1265.
   (3) A person licensed under Chapter 3 (commencing with Section
1200), Chapter 7.5 (commencing with Section 3300), Chapter 8.3
(commencing with Section 3700), Chapter 11 (commencing with Section
4800), Chapter 13 (commencing with Section 4980), or Chapter 14
(commencing with Section 4990.1).
   (e) A health care practitioner, who provides information on an
Internet Web site that is directly controlled or administered by that
health care practitioner or his or her office personnel, shall
prominently display on that Internet Web site the information
required by this section.  
  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, 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 patient'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.
   (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 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.