Notice to Consumers Regulation - Frequently Asked Questions
If I choose the signage option, where should it be posted?
The language of the regulation reads, "Prominently posting the notice in an area
visible to patients on the premises where the licensee provides the licensed services."
The board expects a common-sense interpretation/application of this regulation;
your waiting room, examination rooms, or patient-registration are the most obvious
choices.
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How do I comply if my practice setting is not a traditional physician's
office?
Physicians are responsible for the implementation of this regulation. This means
you must make sure, regardless of practice setting, that the regulation is being
complied with. Probably the easiest way is to make sure the necessary sign is posted
in an area where patients are likely to see it, e.g., waiting room, discharge location.
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Are there any exceptions, e.g., radiologists, pathologists?
No, but the board anticipates working with physician groups to refine this regulation.
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Must the disclosure be made in other languages?
No.
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Does the regulation apply to hospital and clinic settings?
Yes. Again, this regulation applies to every location where medicine is practiced
by a physician in California, and that includes hospitals, nursing homes, medical
clinics, outpatient facilities, urgent care centers, etc. It is the responsibility
of the physician(s) who practice there to see that this regulation is complied with.
At this time, we are leaving it to physicians and the facilities they work in to
determine where the sign, should the physician(s) choose that option, is to be posted.
In hospitals and multi-level clinics, posting in a conspicuous place on each floor
where patients are likely to see it would be a good-faith gesture that would suffice.
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Does this regulation apply to osteopaths?
No. Medical doctors (M.D.s) only.
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Does the physician's name have to be disclosed along with the
other, mandated information?
No. The only information required is the exact language in the regulation.
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Must physicians who make house calls comply with this regulation?
Yes. Option (b) (2) or (3) would work.
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Are physicians' facilities where the physicians themselves do
not practice medicine exempt from this regulation?
No, because the affiliated healing arts professionals who see patients are under
the direct supervision of physicians.
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Can I post the sign or provide the wording for the permissible
options in another language?
Yes. Although the sign or other permissible notification must be in English in order
to meet the requirements of the regulation, we encourage you to provide that same
sign or information in other languages as well if it will better assist your patient
population.
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If a California physician is offering medical services outside
of California, is he/she required to provide this notice to out-of-state patients?
No, the Medical Board of California only has jurisdiction over what occurs in California.
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