Address Yourself!

Just a friendly lawyerly reminder to update your address of record with the Medical Board of California, the Osteopathic Medical Board of California, or the Board of Registered Nursing.  Most licensing agencies require that licensees register an address where they can be reliably contacted for professional purposes. The agencies will use the address you provide when they send relevant licensing … Read More

California’s Medical Board Will Not Fade into the Sunset

The Medical Board of California (“Board”), and its enacting legislation, the Medical Practice Act, which licenses and regulates California’s physicians, has officially been extended another four years. Governor Brown signed California’s Senate Bill No.798, which extends the Board’s sunset date to January 1, 2022.  Of interest to physicians brought before the Board on disciplinary actions and their lawyers, Governor Brown … Read More

Holy MACRA-oni; It’s Here

The Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) reformed the way physicians and clinicians will be paid for medical services under Medicare Part B.  Prior Medicare reporting systems have been replaced with MACRA.  Humboldt County physicians and practices should contact the Health Services Advisory Group and the California Health Information Partnership & Services Organization (CalHIPSO) for no-cost technical assistance to … Read More

Recent Medical Board Matters

For medical care providers who see patients and write prescriptions for pain management, the opioid epidemic is at the forefront of the practice of medicine—particularly here in Humboldt County.  Recent opioid overdose data suggests an estimated 26 opioid overdose deaths in Humboldt County in 2016.  That’s one of the highest rates in California (per 100,000 residents), with the majority of … Read More

No Right to A Jury Trial in a Whistleblower Case against Health Facilities

This month, the California Supreme Court decided a very important decision for health facility employers and employees.  California law, at Health & Safety Code section 1278.5, provides protections for patients, nurses, members of a medical staff, or other health care workers who notify government entities of suspected unsafe patient care and conditions.  A health care facility is prohibited from then … Read More

Notice: Post Your Notice!

If you’re a physician in California, you must post a Notice of Non-Discrimination for patients who receive “federal financial assistance.”  Section 1557 of the Affordable Care Act provides that physicians’ offices are required to post notices of non-discrimination and taglines that alert patients with limited English proficiency about the availability of language assistance services. The better practice, of course, is … Read More

Humboldt County Nursing Home Closures

As you may know, three of the five Humboldt skilled nursing facilities (“SNFs”) owned by Brius and managed by Rockport have been given authority by the California Department of Public Health (“CDPH”) to close their doors and transfer residents.  Janssen Malloy LLP requested copies of the transfer documentation filed with the CDPH on behalf of the SNFs.  If you or … Read More

End of Life Option Act

Please note that the End of Life Option Act was recently passed by the California legislature took effect on June 9, 2016.  Until January 1, 2026, this act authorizes an adult who meets certain qualifications and who has been determined by his or her attending physician to be suffering from a terminal disease as defined in the act, to request … Read More

Cures Registry Update

If you are a physician in Humboldt County with an active California Medical license and a federal DEA registration certificate for Schedule II, III, and IV controlled substances you must be registered with the Controlled Substance Utilization Review and Evaluation System database.  According to the Medical Board of California, it will investigate instances of physicians failing to register.  It is … Read More

End of Life Option Act

Effective June 9, 2016, California’s End of Life Option Act permits participating physicians to prescribe aid-in-dying drugs to their patients.  The law is extensive, requires a number of forms be completed and included in the patient’s medical record, and includes requisite timelines for accomplishing notice to patients and inclusion in the medical records. An excellent discussion and analysis of the Act … Read More