Effective January 1, 2023, all physicians licensed by the Medical Board of California must comply with modifications to the requirements that they provide notice to each patient that they are licensed and regulated by the Board, their license can be checked on the Board’s website and complaints against the physician can be made through the Board’s website or by contacting the Board.

The three methods of compliance remain available under Title 16 California Code of Regulations (“CCR”) section 1355.4, which allows licensees to comply (1) by posting a sign, (2) by providing a separate document regarding the notice or (3) by providing the notice along with other documents provided to the patient such as discharge instructions. However, there are important changes under each option that licensees/registrants should note.

Option 1– Posting sign: Post the notice in an area visible to patients on the premises where the physician provides the professional services in at least 38-point type in Arial font.

• What changed?

  • The notice must include a quick response (QR) code that leads to the board's Notice to Consumer webpage here.

  • The notice is amended to identify it as a “Notice to Patients”

    • The notice must contain the following text:

      • Notice to Patients

      • Medical doctors are licensed and regulated by the Medical Board of California. To check up on a license or to file a complaint go to www.mbc.ca.gov, email: licensecheck@mbc.ca.gov or call (800) 633-2322.

  • Further, subdivision (b)(1) adjusted the font size from 48 to 38-point type in Arial font to account for the additional information required on the posted notice.

Option 2 – Separate written notice and acknowledgement: Include the notice and an acknowledgement of receipt and understanding in a written statement in a language understood by the patient/client or their representative, signed and dated by the patient/client or their representative and retained in that patient's/client’s medical records. The notice and acknowledgement may be provided and maintained electronically.

• What changed?

  • Requires a signed “acknowledgement of receipt and understanding”

  • Both the notice and the acknowledgement must be “in a language understood by the patient or patient representative”

  • The notice and the acknowledgement “may be provided and maintained in an electronic format”

Option 3 – Written notice on document provided to patient/client: Include the notice in a language understood by the patient/client or their representative in a statement on letterhead, discharge instructions or other document given to a patient/client or their representative. The notice must be placed immediately above the signature line for the patient/client in at least 14-point type.

• What changed?

  • The notice is required to be “in a language understood by the patient or patient representative.”

As required under the newly added subdivision (d), the Board has posted the notice template with the QR code in the following languages on its Notice to Consumers webpage: English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Farsi, Arabic, Russian, Japanese, Punjabi and Khmer.

Importantly, CCR section 1355.4 added subdivision (c) which provides that if the licensee chooses to post a sign (Option 1) to comply with the notice requirement, then they must also provide the notice consistent with Option 2 or Option 3 if the posted sign is not in a language understood by the patient or patient representative, so long as the Board has provided a translated notice on its Notice to Consumers webpage. Notwithstanding this requirement, a physician will be deemed in compliance with the notice requirement if the hospital, clinic, or other practice location where the licensee is practicing posts the notice consistent with Option 1, which may be the most effective means to comply with the new requirement.

Title 16 of the CCR section 1355.4 contains the modified requirements for physicians and surgeons, which were in response to requirements under California Business and Professions Code (“BPC”) section 2026. Similar provisions have been modified for polysomnographic technologists (Section 1379.58) whereas new provisions have been added for research psychoanalysts (Section 1378.5) and licensed midwives (Section 1379.4).

Other types of practitioners, who are not under jurisdiction of the Medical Board of California, should check the laws pertaining to any notice requirements from their licensing board.

We recommend California providers carefully review the options and engage appropriate resources to effectively comply with the new notice requirement. In addition, for those licensees notified of a complaint filed with the Board, they should reach out to their professional liability carrier regarding questions and information about their coverage, as well as any other appropriate advisors.