The Patient Right to Know Act (“PRKA”) went into effect July 1, 2019 requiring physicians, podiatrists, chiropractors, osteopaths, naturopaths, and acupuncturists (collectively “practitioners” or “licensees”) to disclose to patients if they are placed on probation. This law was enacted to provide patients with better information about the practitioners providing their care.
There are two main requirements under the PRKA: (1) a disclosure by the practitioner of probation status and certain probation-related details to patients, and (2) the inclusion by the licensing board on its license information website of certain probation information.
Practitioner Disclosure Requirements
On and after July 1, 2019, while on probation and prior to the first visit following the probationary order, practitioners are required to provide a separate disclosure to and obtain a signed copy of the disclosure from patients, patient guardians, or health care surrogate. The disclosure must include the licensee’s probation status, the length of the probation, the end date of the probation, all practice restrictions, the licensing board’s telephone number, and instructions for finding out further information through the licensing board’s licensing information website.
Disclosure is not required in all circumstances; the requirement is temporally limited to probation imposed on or after July 1, 2019, does not apply to certain patient interactions, and for physicians and osteopaths only applies where the probation is for certain types of punishable acts. Disclosure also not required when: (1) the patient is unconscious or unable to comprehend the disclosure and a guardian or health care surrogate is not available; (2) the visit is to the emergency room or urgent care, or is unscheduled, including consultations in an inpatient facility; (3) the treating licensee is not known to the patient until immediately prior to the start of the visit; or (4) the licensee does not have a direct treatment relationship with the patient. For physicians and osteopaths, disclosure is only required where the probation is imposed for: (a) sexual abuse or misconduct, or relations with a patient or client; (b) drug or alcohol abuse directly resulting in harm to patients or to the extent that the licensee’s ability to practice safely is compromised; (c) a criminal conviction directly involving harm to patient health; or (d) inappropriate prescribing resulting in harm to patients and a probationary period of five or more years.
Compliance with the PRKA
Practitioners and their employers should familiarize themselves with the scope and applicability of PRKA disclosure requirements. Plans for disclosures should be included in provider compliance plans, and may be grouped with other reporting obligations arising from licensing board discipline. Practitioners placed on probation should consider monitoring their licensing webpage to ensure the information is accurate and request corrections where necessary. Practitioners on probation and their employers may also want to develop a communications strategy to address patient concerns on receipt of a PRKA disclosure.
Questions
Should you have any questions about your compliance plans or should you need advice on developing strategies to ensure compliance and clear communication regarding a recent or imminent probationary order, please contact one of Kronick’s experienced health care attorneys.
Jennifer Scott
jscott@kmtg.com | 916-321-4349