Sexual Conduct Reporting to Professional Licensing Boards

It is now the law in California that all health care facilities and “other entities” report any written allegations of sexual abuse or misconduct, made by a patient, against a licensee within 15 days of receiving the complaint. The new law, which responds to USC’s gynecological patient scandal, began as Senate Bill 425 in the 2019 – 2020 legislative year, was approved by the Governor on October 12, 2019.  The bill can be found here: Senate Bill 425(link is external).

This creates new sexual misconduct reporting by adding Business & Professions Code section 805.8.  It applies to all health care facilities and “other entities,” including post‐secondary educational institutions that make arrangements for any healing arts licensee to practice or provide care to patients. All such reports are confidential, not subject to discovery, and comes with immunities against civil and criminal liability for those making any report. But, the licensing board is required to investigate any such complaint. And, failure to make a required report results in fines and administrative sanctions for unprofessional conduct.