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Questions and Articles

1,218 items

Can a physician proceed with diagnosis based on this molecular biology data?

A:
bunnymom22405 Teacher Middle School Since you mention molecular biology, I am assuming that the "test" being ordered by the physician relates to DNA or RNA separation. Having worked as a Medical Technologist in a lab a number of years ago, I can tell ... more

What if a personal relationship developed between the physician and the patient and it was consensual?

A:
The fact that the personal relationship between the physician and the patient at some point was consensual does not negate the fact that the physician breached professional ethics and boundaries, and possibly broke the law, by initiating a personal r ... more

Can a physician have a personal relationship with a patient?

A:
Business and Professions Code section 726 states that sexual abuse, misconduct or relations with a patient are considered unprofessional conduct and grounds for disciplinary action. The Board considers any type of personal relationship between the do ... more

Can a physician treat and prescribe to family, friends or employees?

A:
There is no law which specifically prohibits a physician from evaluating, diagnosing, treating, or prescribing controlled substances to a family member, employee or friend. However, the practice is discouraged. There are laws to consider when assessi ... more

Can the Medical Board help in finding a physician for Medi-Cal, Medicare, a specialist or a IME/QME?

A:
No, the Board does not provide referrals to physicians. You can contact your local medical association for referrals in various medical specialties or your individual insurance plan or HMO. To locate the medical association/society in your area you c ... more

Can I file an anonymous complaint on behalf of a family member/friend against a physician if I believe he/she is overprescribing?

A:
The Board receives and investigates a number of complaints about physician prescribing concerns which are sent by someone other than the patient. These complaints can be difficult to investigate when the patient does not consent to allow the Board to ... more

How long must a physician's office maintain a patient's medical records?

A:
There is no general law requiring a physician to maintain medical records for a specific period of time. However, there are situations or government health plans that require a provider/physician to maintain their records for a certain period of time ... more

Can a physician refuse to treat a current patient?

A:
Yes, but the physician needs to follow appropriate guidelines. See California Medical Association (CMA) guidelines in regard to terminating the doctor/patient relationship. The CMA guidelines indicate a physician must notify the patient in writing in ... more

Is a physician required to carry malpractice insurance?

A:
No. A physician only is required to carry liability insurance in an outpatient surgery setting pursuant to Business and Professions Code section 2216.2. However, a physician must follow the reporting requirements cited in Business and Professions Cod ... more

Does a physician have to accept new patients?

A:
No. A physician has a right to determine whom to accept as a patient, just as a patient has the right to choose his or her physician. A physician also may terminate a patient without cause as long as the termination is handled appropriately (see Cali ... more
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