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Reporting Medical Disciplinary Actions

Posted by Dmitry Gorin | Jan 27, 2025

The Medical Board of California holds medical professionals to high standards of competence and ethics to ensure patient safety and quality of care.

Peer review, as an accountability mechanism, plays a crucial role in upholding the high standards of competence and ethics set by the Medical Board of California. It reassures both medical professionals and patients, ensuring the quality and safety of care.

Reporting Medical Disciplinary Actions in California
Under BPC 805, medical peer review bodies must report to the Medical Board when they have imposed disciplinary action.

When a physician, surgeon, midwife, podiatrist, or other licensed medical provider, such as a nurse practitioner or physician assistant, faces issues related to their professional conduct or competence, peer review processes are initiated to investigate and discipline these concerns.

Under Business & Professions Code 805 BPC, these medical peer review bodies are required to report to the Medical Board when they have imposed disciplinary action against a medical professional (e.g., a physician, surgeon, midwife, or podiatrist).

Upon receiving a report from a peer review body, the Medical Board may conduct further investigations. If the Board finds the evidence of misconduct or incompetence to be substantial, it can impose its own disciplinary actions, potentially resulting in license suspension or revocation.

BPC 805 says, "(a) As used in this section, the following terms have the following definitions:

(1) (A) "Peer review" means both of the following:

(i) A process in which a peer review body reviews the basic qualifications, staff privileges, employment, medical outcomes, or professional conduct of licentiates to make recommendations for quality improvement and education, if necessary, in order to do either or both of the following:

(I) Determine whether a licentiate may practice or continue to practice in a health care facility, clinic, or other setting providing medical services, and, if so, determine the parameters of that practice.

(II) Assess and improve the quality of care rendered in a health care facility, clinic, or other setting providing medical services.

(ii) Any other activities of a peer review body as specified in subparagraph (B)."

Understanding BPC 805 and Peer Review Bodies

BPC 805 outlines the mandatory reporting of certain disciplinary actions to the Medical Board of California. This requirement is integral to maintaining accountability and ensuring the competency of medical practitioners.

At the heart of this process is the "peer review body," which is defined as a group or organization responsible for evaluating the professional performance, conduct, and qualifications of licensed medical professionals. Business and Professions Code 805(B) says, "Peer review body" includes:

  • A medical or professional staff of any health care facility or clinic licensed under the Health and Safety Code or of a facility certified to participate in the federal Medicare program as an ambulatory surgical center.
  • A health care service plan licensed under the Health and Safety Code or a disability insurer that contracts with licentiates to provide services at alternative rates of payment pursuant to Insurance Code 10133.
  • Any medical, psychological, marriage and family therapy, social work, professional clinical counselor, dental, midwifery, or podiatric professional society having as members at least 25 percent of the eligible licentiates in the area in which it functions, which is not organized for profit and which has been determined to be exempt from taxes pursuant to Section 23701 of the Revenue and Taxation Code.
  • A committee organized by any entity consisting of or employing more than 25 licentiates of the same class that functions for the purpose of reviewing the quality of professional care provided by members or employees of that entity.

Simply put, peer review bodies include hospital medical staff, professional societies of physicians, clinics or health care facilities, and committees formed by organizations employing 25 or more licensed practitioners of the same class.

These bodies are tasked with maintaining high standards of care by making recommendations related to improving quality, determining privileges, or addressing potential risks to patients.

Through peer review, these bodies bear the weight of making critical decisions about a practitioner's ability to continue their duties or the necessity for limitations, suspensions, or terminations based on identified concerns. This underscores the gravity of their responsibilities.

When actions are taken for a "medical disciplinary cause or reason," these decisions must be formally reported through an 805 Report.

What Is an 805 Report?

An 805 Report is an official document submitted to the Medical Board of California where a peer review body takes specific disciplinary actions against a licensed medical professional.

An 805 report means the written report required under the law to be given to the chief of staff of medical or professional staff or another 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.

This report aims to uphold the principles of transparency and accountability by ensuring that regulatory authorities are promptly notified of potential threats to patient safety or professional misconduct.

According to BPC 805, "medical disciplinary cause or reason" refers to any aspect of a medical professional's competence or behavior that could negatively affect patient safety or the delivery of patient care. Examples include errors in medical judgment, failure to meet the standard of care or professional misconduct.

What Events Require the Submission of an 805 Report?

By law, a peer review body must file an 805 Report within 15 days of any of the following disciplinary actions being taken:

  • Denial or Rejection of Privileges: If a medical professional's application for staff privileges or membership is denied or rejected due to medical disciplinary reasons.
  • Termination or Revocation of Membership or Employment: When a practitioner's privileges, membership, or employment is terminated or revoked due to medical disciplinary actions.
  • Restrictions on Privileges or Employment: Imposing restrictions or conditions on staff privileges, membership, or employment lasting for 30 days or more within 12 months, based on medical disciplinary concerns.
  • Resignation or Withdrawal: If a medical professional resigns, takes a leave of absence, or withdraws their application for privileges or membership after being notified of a pending investigation or anticipated disciplinary action.
  • Suspension: If the individual's privileges, membership, or employment is summarily suspended for longer than 14 days.

An 805 Report includes the licensee's name, license number, a detailed description of the facts and circumstances leading to the disciplinary action, and any other relevant information.

What are the Potential Impacts of an 805 Report?

The submission of an 805 Report to the Medical Board of California can have serious ramifications for a medical professional's career. Depending on the findings and the nature of the disciplinary action taken within the 805 Report, the following outcomes are possible:

  • Further Disciplinary Action Against the Licensee: Following an 805 Report, the Medical Board will likely initiate additional investigations. If evidence supports ongoing concerns, sanctions such as reprimands, fines, probation, or even license suspension or revocation could result.
  • Damage to Professional Reputation: Any final disciplinary action may be publicly visible under the physician's licensing information. For example, "Hospital Discipline" might appear on the professional's profile, potentially affecting their credibility and future opportunities.

How an Experienced Attorney Can Help

Facing the possibility of an 805 Report can have serious career implications for medical professionals. Not only does the adverse action put their license under scrutiny, but if the alleged misconduct is serious enough or violates the law, criminal charges could result. This makes it highly advisable to get legal representation at the first sign of trouble.

A California criminal defense attorney (preferably with experience in both professional license and criminal defense) can assess peer review findings, prepare strong responses, represent your interests before the Medical Board, negotiate for leniency to protect your professional standing, and, if necessary, defend you against potential criminal charges, as well.

For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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