Healing arts licensees: remuneration: drug or device companies: disclosure.

Existing law provides for the licensure and regulation of various healing arts licensees by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for healing arts licensees, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person, subject to certain exceptions. Existing law also prohibits specified healing arts licensees from charging, billing, or otherwise soliciting payment from a patient on behalf of, or referring a patient to, an organization in which the licensee, or the licensee's immediate family, has a significant beneficial interest, unless the licensee first makes specified disclosures in writing to the patient. Existing law makes a violation of these and other provisions governing unearned rebates, refunds, and discounts, unprofessional conduct and grounds for suspension or revocation of a license and a misdemeanor, as specified. This bill would require a healing arts licensee who receives remuneration from a drug or device company to disclose the amount and source orally and in writing to each patient before the intended use or prescription of a drug or device manufactured or distributed. The bill would also require a healing arts licensee to obtain a signature from the patient on the written disclosure. By expanding a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.