Bus. & Prof. Code 1955(b)(3)-(4) (added by SB 853, 2008)

Summary:

Health care facilities must comply with a court order mandating the release of patient records to the Dental Hygiene Committee that is accompanied by a notice citing the penalties for failure to comply. Unless it is determined that the order is unlawful or invalid, failure to comply results in a civil penalty to be paid to the committee; the facility is also guilty of a misdemeanor punishable by a fine.

Data Origin: 
licensed dental hygienists
Parties Bound: 
health care facilities
California Penalty: 
Bus. & Prof. Code 1955(b): civil penalty of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced, up to ten thousand dollars ($10,000), after the date by which the court order requires the documents to be produced, Any statute of limitations applicable to the filing of an accusation by the committee against a licensee shall be tolled during the period the health care facility is out of compliance with the court order and during any related appeals. Bus. & Prof.Code 1955(c): Multiple acts by a health care facility in violation shall be punishable by a fine not to exceed five thousand dollars ($5,000) and shall be reported to the State Department of Public Health and shall be considered as grounds for disciplinary action with respect to licensure, including suspension or revocation of the license or certificate.
Associated Federal Law(s): 
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
Associated Federal Law(s): 
Uses and disclosures for which an authorization or opportunity to agree or object is not required : for judicial and administrative proceedings
Associated Federal Law(s): 
Improved enforcement : Tiered increase in amount of civil penalties