California Business and Professions Code 2216.2 – (a) It is unprofessional conduct for a physician and surgeon to …
(a) It is unprofessional conduct for a physician and surgeon to fail to provide adequate security by liability insurance, or by participation in an interindemnity trust, for claims by patients arising out of surgical procedures performed outside of a general acute care hospital as defined in subdivision (a) of § 1250 of the Health and Safety Code.
(b) For purposes of this section, the board shall determine what constitutes adequate security.
Terms Used In California Business and Professions Code 2216.2
- board: as used in this chapter means the Medical Board of California. See California Business and Professions Code 2002
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(c) Nothing in this section shall require an insurer admitted to transact liability insurance in this state to provide coverage to a physician and surgeon.
(d) The security required by this section shall be acceptable only if provided by any one of the following:
(1) An insurer admitted pursuant to § 700 of the Insurance Code to transact liability insurance in this state.
(2) An insurer that is eligible pursuant to § 1765.1 of the Insurance Code.
(3) A cooperative corporation authorized by § 1280.7 of the Insurance Code.
(4) An insurer licensed to transact liability insurance in at least one state of the United States.
(Amended by Stats. 2011, Ch. 83, Sec. 1. (AB 315) Effective July 15, 2011. Operative July 21, 2011, by Sec. 34 of Stats. 2011, Ch. 83.)