California Assembly Bill 1278
Session 20212022
Physicians and surgeons: payments: disclosure: notice.
Became Law
Became Law on Sep 29, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
1278
State
California
Session
20212022
Adrin Nazarian
grade
Author
Motion Text
AB 1278 Nazarian Concurrence in Senate Amendments
Assembly Roll Call Votes
Other
Other
Yes
Yes
Yes
Yes
Other
Yes
Fong
Other
Other
Yes
Other
Other
Other
Yes
Other
Yes
Yes
Yes
Other
Yes
Other
Other
Yes
Yes
Yes
Yes
Yes
Other
Yes
Yes
Other
Yes
Yes
Summary
Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California within the department and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons.
Existing federal law known as the Open Payments program requires, among other things, applicable manufacturers of drugs, devices, and biological or medical supplies to annually report to the federal Secretary of Health and Human Services certain payments and other transfers of value made to covered recipients, as defined. The federal Centers for Medicare and Medicaid Services makes this Open Payments data available to the public via a federal government internet website.
Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. That existing law specifically regulates drug marketing practices and requires a pharmaceutical company to adopt and update a program that includes policies on interactions with health care professionals and limits on gifts and incentives to medical or health professionals, as defined. Existing law requires each pharmaceutical company to establish in its program a specific annual dollar limit on gifts, promotional materials, or items or activities that the pharmaceutical company may give or otherwise provide to an individual medical or health care professional, with certain exemptions.
This bill would require a physician and surgeon, defined to include a physician and surgeon licensed pursuant to the Medical Practice Act or an osteopathic physician and surgeon licensed by the Osteopathic Medical Board of California under the Osteopathic Act, to provide to a patient at the initial office visit a written or electronic notice of the Open Payments database, as prescribed.
This bill would require a physician and surgeon to post an Open Payments database notice, as described, in each location where the licensee practices and in an area that is likely to be seen by all persons who enter the office. The bill would, beginning January 1, 2024, require a physician and surgeon to conspicuously post the same Open Payments database notice on the internet website used for the physician and surgeon's practice, if such a website is used, except as provided. If the physician and surgeon is employed by a health care employer, the bill would instead require the health care employer to comply with these posting requirements.
This bill would define other terms for its purposes. A violation of the bill's provisions would constitute unprofessional conduct. The bill would specify that these provisions do not apply to a physician and surgeon working in a hospital emergency room.
02/19/21 - Introduced
February 19, 2021
03/17/21 - Amended Assembly
March 17, 2021
04/15/21 - Amended Assembly
April 15, 2021
06/08/21 - Amended Senate
June 8, 2021
07/13/21 - Amended Senate
July 13, 2021
08/11/22 - Amended Senate
August 11, 2022
08/25/22 - Amended Senate
August 25, 2022
09/01/22 - Enrolled
September 1, 2022
09/29/22 - Chaptered
September 29, 2022
04/09/21- Assembly Business and Professions
April 9, 2021
04/26/21- Assembly Appropriations
April 26, 2021
04/30/21- ASSEMBLY FLOOR ANALYSIS
April 30, 2021
07/11/21- Senate Business, Professions and Economic Development
July 11, 2021
08/20/21- Senate Appropriations
August 20, 2021
08/11/22- Senate Appropriations
August 11, 2022
08/23/22- Sen. Floor Analyses
August 23, 2022
08/26/22- Sen. Floor Analyses
August 26, 2022
08/30/22- ASSEMBLY FLOOR ANALYSIS
August 30, 2022
Sort by most recent
09/29/2022
California State Legislature
Chaptered by Secretary of State - Chapter 750, Statutes of 2022.
09/29/2022
California State Legislature
Approved by the Governor.
09/07/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/30/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 57. Noes 7.).
08/30/2022
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/30/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 4. Page 5242.).
08/25/2022
Senate
Read third time and amended. Ordered to third reading.
08/15/2022
Senate
Read second time. Ordered to third reading.
08/11/2022
Senate
Read second time and amended. Ordered returned to second reading.
08/11/2022
Senate
From committee: Amend, and do pass as amended. (Ayes 5. Noes 1.) (August 11).
08/26/2021
Senate
In committee: Held under submission.
08/23/2021
Senate
In committee: Referred to APPR suspense file.
08/16/2021
Senate
In committee: Hearing postponed by committee.
07/13/2021
Senate
Read second time and amended. Re-referred to Com. on APPR.
07/12/2021
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 12).
06/08/2021
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.
05/12/2021
Senate
Referred to Com. on B., P. & E.D.
05/04/2021
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/03/2021
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 9. Page 1281.)
04/29/2021
Assembly
Read second time. Ordered to third reading.
04/28/2021
Assembly
From committee: Do pass. (Ayes 12. Noes 0.) (April 28).
04/19/2021
Assembly
Re-referred to Com. on APPR.
04/15/2021
Assembly
Read second time and amended.
04/14/2021
Assembly
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 13).
03/18/2021
Assembly
Re-referred to Com. on B. & P.
03/17/2021
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
03/04/2021
Assembly
Referred to Com. on B. & P.
02/22/2021
Assembly
Read first time.
02/20/2021
Assembly
From printer. May be heard in committee March 22.
02/19/2021
Assembly
Introduced. To print.
Sources
Record Created
Feb 20, 2021 6:03:56 AM
Record Updated
Oct 29, 2022 12:25:39 PM