California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 38 - Department of Consumer Affairs
Chapter 6 - Telephone Medical Advice
Article 4 - Disciplinary Proceedings
Section 4033 - Citations for Unregistered Businesses
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The director or her or his designee may issue citations, in accordance with Section 148 of the Code, against any business who is performing or who has performed telephone medical advice for which registration is required under the act or regulations governing telephone medical advice services and is not or has not registered. "Telephone medical advice" means a telephonic communication between a patient and a health care professional, wherein the health care professional's primary function is to provide to the patient a telephonic response to the patient's questions regarding his or her or a family member's medical care or treatment. This subdivision applies to businesses that are unregistered in California.
(b) Each citation issued under this section shall contain an order of abatement, where appropriate.
(c) The director or her or his designee shall consider the factors listed in Section 125.9 of the Code in determining the amount of the fine to be assessed or the terms of the order of abatement in any citation.
(d) The director or her or his designee may, in her or his discretion, assess a fine not to exceed $2,500 for the unregistered activity in accordance with Section 148 of the Code and issue an order of abatement for any violation of the Code or regulations governing telephone medical advice services.
(e) Each citation shall be in writing and shall describe with particularity the nature and facts of each violation specified in the citation, including a reference to the statute or regulation alleged to have been violated.
(f) The Bureau shall service the citation upon the cited business personally or by certified mail, return receipt requested.
(g) The citation shall inform the cited business of the right to a citation review conference concerning the matter and of the right to an administrative hearing.
(h) The sanction authorized under this section shall be separate from and in addition to any civil or criminal remedy.
1. New
section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to
Business and Professions Code section
4999.9,
a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or
emergency language will be repealed by operation of law on the following day.
Submitted to OAL for printing only (Register 2000, No. 38).
2.
Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New
section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001,
No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 3-19-2001 order, including
renumbering of section
4033 to section
4034 and renumbering and amendment
of former section
4032 to section
4033, transmitted to OAL 7-16-2001
and filed 8-24-2001 (Register 2001, No. 34).
Note: Authority cited: Sections 148 and 4999.6, Business and Professions Code. Reference: Sections 125.9, 148, 4999.2 and 4999.3, Business and Professions Code.
