Section 809.2.
809.2. If a licentiate timely requests a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the following shall apply: (a) The hearing shall be held, as determined by the peer review body, before a trier of fact, which shall be an arbitrator or arbitrators selected by […]
Section 809.3.
809.3. (a) During a hearing concerning a final proposed action for which reporting is required to be filed under Section 805, both parties shall have all of the following rights: (1) To be provided with all of the information made available to the trier of fact. (2) To have a record made of the proceedings, copies of which […]
Section 809.4.
809.4. (a) Upon the completion of a hearing concerning a final proposed action for which a report is required to be filed under Section 805, the licentiate and the peer review body involved have the right to receive all of the following: (1) A written decision of the trier of fact, including findings of fact and a […]
Section 809.5.
809.5. (a) Notwithstanding Sections 809 to 809.4, inclusive, a peer review body may immediately suspend or restrict clinical privileges of a licentiate where the failure to take that action may result in an imminent danger to the health of any individual, provided that the licentiate is subsequently provided with the notice and hearing rights set forth […]
Section 809.6.
809.6. (a) The parties are bound by any additional notice and hearing provisions contained in any applicable professional society or medical staff bylaws which are not inconsistent with Sections 809.1 to 809.4, inclusive. (b) The parties are bound by any additional notice and hearing provisions contained in any applicable agreement or contract between the licentiate and peer […]
Section 809.7.
809.7. Sections 809.1 to 809.4, inclusive, shall not apply to peer review proceedings conducted in state or county hospitals, in hospitals owned by, operated by, or licensed to the Regents of the University of California or any of its subsidiary corporations which serve as a primary teaching facility, or in health facilities which serve as […]
Section 805.7.
805.7. (a) The Medical Board of California shall work with interested parties in the pursuit and establishment of a pilot program, similar to those proposed by the Citizens Advocacy Center, of early detection of potential quality problems and resolutions through informal educational interventions. (b) The Medical Board of California shall report to the Legislature its evaluation and […]
Section 809.8.
809.8. Nothing in Sections 809 to 809.7, inclusive, shall affect the availability of judicial review under Section 1094.5 of the Code of Civil Procedure nor the provisions relating to discovery and testimony in Section 1157 of the Evidence Code or Sections 1370 and 1370.1 of the Health and Safety Code. (Added by Stats. 1989, Ch. […]
Section 805.8.
805.8. (a) As used in this section, the following terms shall have the following meanings: (1) “Agency” means the relevant state licensing agency with regulatory jurisdiction over a healing arts licensee listed in paragraph (2). (2) “Healing arts licensee” or “licensee” means a licensee licensed under Division 2 (commencing with Section 500) or any initiative act referred to […]
Section 809.9.
809.9. In any suit brought to challenge an action taken or a restriction imposed which is required to be reported pursuant to Section 805, the court shall, at the conclusion of the action, award to a substantially prevailing party the cost of the suit, including a reasonable attorney’s fee, if the other party’s conduct in […]