Mandatory Reporting Requirements

Business and Professions Code (BPC) section 801.01 - Report of Settlement, Judgement, or Arbitration Award

BPC 801.01 requires the reporting of settlements over $30,000 or arbitration awards or civil judgements of any amounts. The report must be filed within 30 days by either the insurer providing professional liability insurance to the licensee, the state or governmental agency that self-insures the licensee, the employer of the licensee if the award is against or paid for by the licensee, or the licensee if not covered by professional liability insurance.

Business and Professions Code (BPC) section 802.1 - Reporting Criminal Actions, Convictions and Disciplinary Actions

BPC 802.1 requires a physician assistant to report criminal charges as follows: the bringing of an indictment charging a felony and/or any conviction of any felony or misdemeanor, including a verdict of guilty or plea of no contest. These incidents appear to be reported as required. In addition, the Physician Assistant Board (Board) receives reports of arrest and convictions independently reported to the Board by the Department of Justice (DOJ) through subsequent arrest notifications. The Board issues citations to licensees who fail to report their criminal conviction as required by this statute.

Business and Professions Code (BPC) section 802.5 - Reporting Requirements for Coroners

BPC 802.5 requires a coroner who receives information, based on findings reached by a pathologist that indicates that a death may be the result of a physician assistant's gross negligence or incompetence, to submit a report to the Board. The coroner must provide relevant information, including the name of the decedent and attending physician as well as the final report and autopsy.

Business and Professions Code (BPC) section 803, 803.5 and 803.6 - Reporting Requirements for Court Clerk

BPC 803, 803.5 and 803.6 requires the clerk of a court to transmit a judgment that a licensee has committed a crime, or is liable for any death or personal injury resulting in a judgement of any amount caused by the licensee's negligence, error or omission in practice, or his or her rendering of unauthorized professional services, to the Board within 10 days after the judgement is entered. In addition, the court clerk is responsible for reporting criminal convictions to the Board and transmitting any felony preliminary hearing transcripts concerning a licensee to the Board.

Business and Professions Code (BPC) section 805 - Health Facility/Peer Review Reporting

BPC 805 requires the chief of staff and chief executive officer, medical director, or administrator of a licensed health care facility to file a report when a licensee's application for staff privileges or membership is denied or the licensee's staff privileges or employment is terminated or revoked for medical disciplinary cause. The reporting entities are also required to file a report when restrictions are imposed or voluntarily accepted on the licensee's staff privileges for a cumulative total of 30 days or more for any 12-month period. The report must be filed within 15 days after the effective date of the action taken by the peer review body. To determine if the reports are received pursuant to Section 805, the Board compares information with the National Practitioners Data Bank.

Business and Professions Code (BPC) section 805.01 - Health Facility/Peer Reporting Form - Proposed Action

BPC 805.01 requires the chief of staff or chief executive officer, medical director, or administrator of a licensed health care facility file a report within 15 days after the peer review body makes a final decision or recommendation to take disciplinary action which must be reported pursuant to Section 805. This reporting is only required if the recommended action is taken for the following reasons:

  • Incompetence, or gross or repeated deviation from the standard of care involving death or serious bodily injury to one or more patients in such a manner as to be dangerous or injurious to any person or the public.
  • The use of, or prescribing for or administering to him/herself, any controlled substances; or the use of any dangerous drug, as defined in Section 4022, or of alcoholic beverages, to the extent or in such a manner as to be dangerous or injurious to the licentiate, or any other person, or the public, or to the extent that such use impairs the ability of the licentiate to practice safely.
  • Repeated acts of clearly excessive prescribing, furnishing or administering of controlled substances or repeated acts of prescribing, dispensing, or furnishing of controlled substances without a good faith effort prior examination of the patient and medical reason therefor.
  • Sexual misconduct with one or more patients during a course of treatment or an examination.

Business and Professions Code (BPC) section 805.8 - Health Facility Reporting Form

BPC 805.8 requires health facilities and entities that allow a licensed health care professional to provide care for patients, to report allegations of sexual abuse and sexual misconduct made by a patient against a licensed health care practitioner to that practitioner's board within 15 days. The patient allegations must be made in writing to the health facility or other entity to trigger the reporting requirements.