Bus. & Prof. Code 805(g), (h), and (i)

Summary:

Subsection (g) specifies that the required filing of an 805 report (required from peer review bodies for disciplinary actions/investigations of medical practitioner) shall not act as a waiver of confidentiality of medical records and committee reports. The information reported or disclosed shall be kept confidential. Subsection (h) specifies that the Medical Board of California, the Osteopathic Medical Board of California, and the Dental Board of California shall disclose reports to requesting health facilities as required by Section 805.5. Under subsection (i), an 805 report shall be maintained by an agency for dissemination purposes for a period of three years after receipt.

Keywords:
agency, boards, health care provider, records maintenance, investigations, medical disciplinary proceeding
Data Origin: 
medical peer review body
Parties Bound: 
chief of staff of a medical or professional staff or other chief executive officer, medical director, or administrator of any peer review body and the chief executive officer or administrator of any licensed health care facility or clinic
California Penalty: 
Failure to file: fine not to exceed $50,000 or $100,000 (willful).
Other Relevant California Code Sections: 
Bus. & Prof. Code 800(c), 803.1, 805.5, and 2027.
Associated Federal Law(s): 
164.512(d)(1)(i)
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for oversight of the health care system, including investigations, disciplinary actions