- The Minnard Law Firm
Timing of Business & Professions Code 805 Reports
The Office of the Attorney General recently an opinion formally addressing the meaning of the term “effective date” in Business and Professions Code section 805. "805 reports" are the potentially career-ending reports filed with the Medical Board when certain disciplinary action is taken by a peer review body to restrict or terminate a physician’s clinical privileges or employment for medical disciplinary cause or reason, or - under certain circumstances when a physician ends employment while under the cloud of an investigation.
Business and Professions Code section 805(b) states:
The chief of staff of a medical or professional staff or other chief executive officer, medical director, or administrator of any peer review body and the chief executive officer or administrator of any licensed healthcare facility or clinic shall file an 805 report with the relevant agency within 15 days after the effective date on which any of the following occur as a result of an action of a peer review body:
(1) A licentiate’s application for staff privileges or membership is denied or rejected for a medical disciplinary cause or reason.
(2) A licentiate’s membership, staff privileges, or employment is terminated or revoked for a medical disciplinary cause or reason.
(3) Restrictions are imposed, or voluntarily accepted, on staff privileges, membership, or employment for a cumulative total of 30 days or more for any 12-month period, for a medical disciplinary cause or reason.
Section 805(b) (emphasis added).
The Opinion clarified that the term “effective date,” as used in Business and Professions Code section 805, means the date on which the triggering decision becomes final, following the conclusion of any appeal by the licentiate to the peer review body, except where expressly provided otherwise.”
Failure to timely file mandated 805 reports can result in fines (currently up to $100,00, depending on whether the failure to file is willful or negligent). In addition to fines, willful failures to report can subject the mandated reporter to license discipline, “A violation of this subdivision may constitute unprofessional conduct by the licentiate [mandated reporter].”(§805(k)). The MBOC has prosecuted a number of actions against chiefs of medical staffs for failing to make 805 reports, either altogether or on a timely basis.