Protecting consumers by advancing
high quality, safe medical care.

Pursuant to Assembly Bill (AB) 1278, physicians will soon be required to provide a notice to their patients regarding the Open Payments database (Database), which is managed by the U.S. Centers for Medicare & Medicaid Services, or CMS.

Specifically, this new law requires physicians to do the following beginning January 1, 2023:

1. At the initial office visit with their patient, a physician must provide either a written or electronic notice of the Database that includes the following text:

   “The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.”

   If the physician uses an electronic records system, they must include a record of this notice in the patient’s records.

   If the physician uses a paper-based records system, then the written notice to the patient must include a signature from the patient (or their representative) and a date of signature. Further, a copy of the written notice must be provided to the patient (or their representative) and included in the patient's records.

2. Post a notice regarding the Database at each location where the physician practices, in an area likely to be seen by all persons. That notice must include an internet website link to the Database and the following text:

   “For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the public.”

   If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Beginning January 1, 2024, a physician who uses a website in their medical practice must conspicuously post the same notice described above in 2) on their website. If a physician is employed by a health care employer, that employer is responsible for meeting this requirement.

Under this law, a violation of these requirements constitutes unprofessional conduct. The requirements created by this law do not apply to a physician working in a hospital emergency room.

For additional information, please see the text of AB 1278.

Beginning December 30, 2022, the Board will no longer provide paper-based application forms for the following types of applications:

• Application for a PTL
• Application to Transition from a PTL to a P&S License

Instead, these applications should be submitted electronically through BreEZe.

Furthermore, beginning February 1, 2023, the Board will no longer accept any paper-based applications for the above-mentioned application types as it moves to a paperless process.

The switch to a paperless application process helps both applicants and the Board by increasing the efficiency of the review process, enhancing security, and reducing costs and impact to the environment.

To submit these applications online, please visit the appropriate Board webpage:

• Applications for a PTL
• Applications to Transition from a PTL to a P&S License

After February 1, 2023, any paper-based applications for a PTL or to Transition from a PTL to a P&S license received by the Board will not be accepted or processed and the Board will notify the applicant that they must apply through BreEZe.

To allow sufficient time for processing and remediating deficiencies, the Board strongly encourages applicants to submit their application online six months in advance.

If you have any questions about this process change, please contact the Board by phone, toll free at (800) 633-2322 or via email at webmaster@mbc.ca.gov.

Medical Board of California 2022 Third Quarter Newsletter.