coNslle SERVICES. All>> HOLSING - De Mimi! "mum G. new" in, Governor MEDICAL BOARD OF CALIFORNIA Central Complniut Unlr 2017 l'lre Medical Bosrrl of California (Board) is in receipt ofix mgmiing lire core end rrenlnient providodbo the abow-nnmed patient, Pursue: to the provisions of Section 800(9) ufille Bilxincss nod Professions-Code, wesrc providing is comprehensive oflhe complaint filed sgsinsi you The complaint "new in mll?winz= -- -- it was noted a: you nareorles to lror. ltis unknown the pullout suffered from well madikafinn and (he Board is requesting the pedent's recordr to review care rendered. to Section athe Business nod Professions Code, tire Board is required to provide you wilh so opportunity to rerpond to tire allegations noted above. To do so, please provide ,writien summary otdre care end beumrent rendered to tlris psiicnl end a copy ilfyuul' curriculum vitae. You may nlso provide soy rddiriorul expert testimony or litemure wlriclr you feel would be pertinent to tire Board in evaluating this comploint. Additionally, tire Bored has been unoble to locate or connect deceased palient's beneficiary or personal rcpmenlafive. As such, in uecordooee with Business enri Professiuns Code Section 2225(s)(c)(l), the Board is requesting tint you provide CERTIFIED copies nfilie deceased pmient's medical records, including diagnostic irnsges irepplicable, to our sgepey. Pierce complete tire enclosed Certification of of Custodian omeoorrls to certify diet tire records are "(rue copy" and complete set return it wills tlre records to tire slrown below. it would bc spprecieted if you would ulso include copy oltlris letter with your response. Pursuant to Business Professions Code Sections 2225(e) 2225.5 (copy enclosed), failure to produce tlre records by tire done requested may result in olteticn and fine or nssessrnent ofcivil pensliies ors1,llao per day. Tire records, summary and copy cfyour curriculum vitrrc ere to be provided by 01/03/2018. send this mmerinl to the attention of: En'ka Calderon Medical Buard of Cafifm'nia 2005 Everyman 81., Suite 1200 Sacramento, CA 958154 831 zoosEver-greeusoeer,5ulre 1200.5rereFmitle, CA 953156331 (916)263--2523 gage! MEDICAL BOARD OF CALIFORNIA ENFORCEMENT Pheasant If?: Central Complaint Urut at: my - 200:3 Evergreen SL, #1200 ?ght, 59*? Sacramento, CA 95815 With (915) 263-2528 FAX (916) 263- 2435 WW Patient: Record No.1 I - Business Facility: Phone No: . Address: I Cityr?State: Zip; CERTIFICATION OF RECORDS To the best of my knowledge, the copied documents, records and other things enclosed herewith were and are prepared and maintained in the ordinary course of business by authorized persons or personnel of this business or facility at or near the time of the acts, conditions or events described by such records. The enclosed records ofthe "'bu'Sines's or facilil?y?ari?ia "out cepy'of the'foilewing records described in the patient authorization or subpoena duces tecum (check only one): Cl the complete records consisting of pages; 'the?complete records for the period beginning . and ending only, consisting of . pages; [It the completed records, except that the business or facility does not have the following: . Ibssoried records consist of passe CERTIFICATION OF NO RECORDS - A thorough scarab of our files carried out under my direction and control revealed that this business or facility does not have'tiie records described in the natient authorization or the subpoena duces tectun. DECLARATION OF CUSTODIAN 0s raccoons undersigned, am the duly authorized Custodian of Records of the above named business or faci1i_ty.lam familiar With the mode of preparation of, ahdhave the authority to certify, the business or facility records. 1 declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. at Print Name and Title Signature Date NOTICE: A licensee that fails to provide the certi?ed medical records within 15 days, or a health care facility within 39 days, of receipt of a request for certi?ed medical records may constitute a violation of Section 2215.5 of the Medical Practice Act and may resultin a civil penalty ?31,000 per day for each do},r that the documents have not been produced. ?Certified medical records? is de?ned as ?a cepy of the patient's medical records authenticated by the licenses or health care facility, as appropriate, on a form prescribed by the board.? - . MEG CASEND. . .. EMF-21.2 (REV. 1/10) . Medical any etherfederal'er state-lawrtegulation?, or rule relevant to the practice-cf medicine or pediatric - BUSINESS cons are 2225. Notwithstanding Section 2263 and any other law making a communication between a physician and surgeon or a doctor of pediatric medicine and his or her patients a privileged communication, those provisions shall not apply to? investigations or proceedings conducted under this chapter. Members of the board, the Senior Assistant Attorney General of the Health Quality Enforcement Section, members of the California Board of Pediatric Medicine, and deputies, employees, agents, and representatives of the board or the California Board of Pediatric Medicine and the Senior Assistant Attorney General of the Health Quality Enforcemel section shall keep in confidence during the course of invest'gations, the names of any patients whose records are review and shall not disclose or reveal these names, except as is cessary during the course of an investigation, unless and until proceedings are instituted. The autherity-ofthe board or the Califomia Board of Pediatric Medicine and the Health Quality Enforcement Section to examine records of patients in the office of a physician and surgeon or a doctor of pediatric medicine is limited to records of patients who have complained to the board or the California Board of Pediatric Medicine about that licensee. Notwithstanding any other law, the Attorney General and his or her investigative agents, and investigators and representatives of the board .er the California Board of Pediatric Medicine, may inquire into my alleged violation of the -- medicine, Whichever is-applicahle, and relevant to those investigations in accordance with thg; - I. 2' I following procedures: -- . (1)"Any document relevant to an EIWestigation maybe inspected, and copies may be obtained, where-patient consent is Q1 giVen. - Any document relevant to the business operations of a licensee, and not involving medical records attributable to identifiable patients, may be inspected and cepied if relevant to an investigation of a licensee. (l Notwithstanding subdivision or any other law, in any investigation that involves the death of a patient, the board may inspect and copy the medical records of the deceased patient without the authorization of the beneficiary or personal representative .of thedeceased-patient or a court order solely for the purpose of determining the extent to which . the death was the resultof the physician- and surgeon?s conduct in violation of the Medical Practice Act, if the board . provides a writtenrequest to the physician and surgeon that includes a declaration that the board has been unsuccessful in . . locating or contacting representative after reasonable efforts. Nothing in this . subdivisionshall be construed to allow thebeard to inspect and copy the medical records of a deceased patient without a . court order when the bene?c?iaryer.personal representative of the deceased patient has been located and contacted but has .i "refused to consent to the. board inepecting and copyingthe medical records ofthe deceased patient. I . (2) The-Legislature ?nds and declares that the authority created in the board pursuant to this section, and a physician and. . surgeon?s compliance with this-section, are consistent-with the public interest and bene?t activities of the federal Health Insurance Portability and Accountability - (cl) In all cases in which documentsare inspected or copies of those documents are received, their acquisition or review shall be arranged .se as not to-hnnecessarily-disrupt the medical and business operations of the licensee or of the facility where the records are kept or used.- If documents are lawfully requested from licensees in accordance with this section by the Attorney General or his or her agents or deputies, or investigators of the board or the California Board of Pediatric Medicine, the documents shall be provided within 15 business days of receipt of the request, unless the licensee is unable to provide the documents within this time period for good cause, including, but not limited to, physical inability to access the records in the time allowed .r due to illness or travel. Failure to produce requested documents or copies thereof, after being informed of the required i deadline, shall constitute unprofessional conduct. The board may use its authority to cite and ?ne a physician and surgeon for any violation of this section. This remedy is in addition to any other authority of the board to sanction a licensee fora delay in producing requested records. Searches conducted of the office or medical facility of any licensee shall not interfere with the recordheeping format or - preserVation needs of any licensee necessary for the lawful care of patients. BUSINESS AND PROFESSIONS cons BPC 2225.5. - - . A licensee who fails or refuses to comply with a request for the certi?ed medical records of a patient, that is accompanied by that patient?s written authorization for release of records to the board, within 15 days of receiving the request and authorization, shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars unless the licensee is unable to provide the documents within this time period for good cause. - (2) A health care facility shall comply with a request for the certi?ed medical records of a patient that is accompanied by that patient?s written authorization for release of records to the board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the authori 'ng patient?s certi?ed medical records to the board within 30 days elf I receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 30th day, up to ten thousand dollars unless the health care facility is unable to provide the documents within this time period for good cause. For health care facilities that have electronic health records, failure to provide the authorizing patient?s certi?ed medical records to the board within 15 days of receiving the request, authorization, and notice shall subject the health care facility to a civil penalty, payable to the board, of up to one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day,'up to ten thousand dollars unless the health care facility is unable to provide the documents within this time period for good ._--caUSee facilities to; assist the board in obtaining the patient's authorization. The board shall pay the reasonable costs of copying the certifiedlrnedical records. -- licensee-whofails orrefusesto comply with-a court order, 'ssued in the enforcement of a subpoena, mandating the release of 'r'eCords to the board shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents .. have notheen producedafter the date by Twhich_.__t_he court order requires the documents to be produced, up to ten thousand dollars unless: it is-determined that theorder is unlawful or invalid. Any statute of limitations applicable to the ?ling of an accusation by the board shall be tolled during the period the licensee is out of compliance with the court order and during any related appeals. (2) Any licensee who fails or refuses to comply with. a court order, issued in the enforcement of a subpoena, mandating the release of records to the board. is guilty of a misdemeanor punishable by a fine payable to the board not to exceed ?ve thousand dollars The fine shall be added to the licensee?s renewal fee if it is not paid by the next succeeding renewal date. Any statute of limitations applicableto the tiling of an accusation by the board shall. be tolled during the period the licensee is out of compliance with the court order and during any related appeals. . -- (-3) A health care facility- that fails or-refuses toeompiy with a court order, issued in the enforcement of a subpoena, mandating the . release-of patient records to the accompaniedby a notice citing this section and describing the penalties for failureto - comply with this section. Shall payto the board a civil penalty of up toaone thousand dollars ($1,000) per day for each day that the -_'documents have not beenproduced, up to tenthousand dollars after the date by which the court order requires the documents togbe produced, unless- the order is unlawful or invalid. Any statute of limitations applicable to the ,?ling of an board _agai_nst_--_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. - - (4) Any health. care facility that fails or refuses to comply with a court order, issued in the enforcement of a subpoena, mandarin-germ - release ofrecords-to the board is guilty of a imisdemeanorpimishable by a fine payable to the heard not to exceed ?ve thousanddollars Any-_-sta_tute-of limitations applicable to the ?lingof an accusation by the board against a licensee shall be tolled during the - period the health .c_are.._facility- is out of compliance with the court order'and during any related appeals. Multiple acts by a licensee in violation of subdivision (b)'shall be punishable by a ?ne not to exceed ?ve thousand dollars ($5,000) or by imprisonment in a county jail not exceeding six months, or by both that ?ne and imprisonment. Multiple acts by a health care facility in violation of subdivision shall be punishable by a ?ne not to exceed ?ve 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 certi?cate. (cl) A failure or refusal of a licensee to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board constitutes unprofessional conduct and is grounds for suspension or revocation of his or her license. - Imposition of the civil penalties authorized by this section shall be in accordance with the Administratiye Procedure Act (Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code). For purposes of this section, ?certi?ed medical records? means a copy of the patient?s medical records authenticated by the licensee or health care facility, as?appropriate, on a form prescribed by the board. For purposes of this section, a ?health care facility? means a clinic or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. - .s .