Dental and Medical Counsel Blog

Key California Laws Affecting Physicians and Surgeons in 2023

July 29, 2023
Key California Laws Affecting Physicians and Surgeons in 2023

Stay ahead in California's progressive healthcare landscape with this comprehensive guide on the latest laws impacting physicians and surgeons in 2023. Remaining informed about legislative changes is crucial for compliance and maintaining the highest standards of patient care.

This blog highlights key laws, including expanded scope of practice for nurse practitioners, updates to telehealth regulations, PDMP requirements, mental health parity compliance, and sexual harassment prevention training. Embrace these changes to navigate the evolving healthcare landscape while providing exceptional care to your patients.

1. Expanded Scope of Practice for Nurse Practitioners

In 2023, California enacted a groundbreaking law that expands the scope of practice for nurse practitioners (NPs), empowering them with increased autonomy in delivering healthcare services. This legislation allows NPs to diagnose and treat certain conditions without physician supervision.

By granting NPs greater authority to provide care, the law aims to enhance access to healthcare, particularly in underserved areas where physician shortages are prevalent. The collaboration between physicians and NPs is encouraged, leading to more comprehensive patient care and improved health outcomes.

2. Updates to Telehealth Regulations

Telehealth has witnessed exponential growth, especially during the COVID-19 pandemic. To promote its continued use and uphold high standards of care, California has implemented updated telehealth regulations. Physicians and surgeons can now provide virtual care while ensuring the same level of quality as in-person visits.

The law establishes guidelines for telehealth reimbursement, acknowledging its significance in the healthcare system. Embracing telehealth allows medical professionals to expand their reach, provide convenient care to patients, and address healthcare disparities.

3. Prescription Drug Monitoring Program (PDMP) Requirements 

To combat the opioid crisis and ensure patient safety, California has imposed stricter requirements for the use of the Prescription Drug Monitoring Program (PDMP). Physicians and surgeons are now obligated to consult the PDMP before prescribing controlled substances.

This measure helps prevent prescription drug misuse, abuse, and diversion, safeguarding patients' well-being. Complying with these regulations is essential to maintain ethical prescribing practices and avoid potential penalties.

4. Mental Health Parity Compliance

In a continued commitment to mental health parity, California has enacted laws that mandate insurers to offer equitable coverage for mental health and substance abuse services. Physicians and surgeons must familiarize themselves with these regulations to ensure that patients have access to necessary mental health treatments.

Furthermore, it is essential to guarantee that reimbursement for mental health services is on par with other medical services. This commitment to mental health parity will lead to better mental health outcomes and improved overall patient care.

5. Sexual Harassment Prevention Training 

Creating a safe and respectful environment for patients and staff is a priority in California's healthcare industry. In line with this objective, physicians and surgeons are now required to undergo sexual harassment prevention training.

This training aims to prevent workplace harassment and discrimination, fostering a culture of inclusivity and accountability within healthcare practices. By adhering to these requirements, healthcare professionals can contribute to a supportive and respectful work environment, ultimately benefiting patient care.

Conclusion

California's progressive healthcare laws continue to shape the landscape for physicians and surgeons in 2023. Staying informed about these legislative changes is vital for compliance and maintaining the highest standards of patient care. From expanded scope of practice for nurse practitioners to updated telehealth regulations and requirements for PDMP and mental health parity compliance, these laws significantly impact patient care and practice management.

Embracing these changes and ensuring compliance will enable physicians and surgeons to navigate the evolving healthcare landscape while providing exceptional care to their patients. Stay at the forefront of California's healthcare transformation for a successful and patient-focused practice.

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Frequently Asked Questions

Q: Are there any specific legal considerations when expanding the scope of practice for nurse practitioners (NPs)?

A: Yes, while the new law grants NPs increased autonomy, it is essential to be aware of any additional licensing or certification requirements that may apply. Ensuring compliance with state regulations and collaborative practice agreements is crucial when implementing the expanded scope of practice.

Q: How can physicians and surgeons ensure legal compliance while providing telehealth services?

A: Physicians and surgeons must adhere to updated telehealth regulations to maintain the same standard of care as in-person visits. Complying with telehealth reimbursement guidelines and securing informed consent from patients are critical legal aspects to consider.

Q: What are the potential legal implications for physicians and surgeons who fail to consult the Prescription Drug Monitoring Program (PDMP) before prescribing controlled substances?

A: Non-compliance with PDMP requirements can lead to severe legal consequences, including penalties, sanctions, and potential malpractice claims. Consulting the PDMP before prescribing controlled substances is essential to uphold ethical prescribing practices and ensure patient safety.

Q: What steps should physicians and surgeons take to ensure mental health parity compliance?

A: Physicians and surgeons must familiarize themselves with the specific mental health parity laws in California. Ensuring equitable coverage for mental health and substance abuse services and implementing billing and reimbursement processes that align with the regulations are crucial legal considerations.

Q: Is the sexual harassment prevention training mandatory for all healthcare professionals in California?

A: Yes, the sexual harassment prevention training is mandatory for all healthcare professionals, including physicians and surgeons. Compliance with this requirement fosters a safe and respectful work environment, reducing the risk of workplace harassment and discrimination claims.

Q: Can legal counsel help medical professionals navigate California's healthcare laws?

A: Yes, seeking legal counsel familiar with healthcare regulations in California is advisable. Legal experts can provide guidance on compliance with new laws, assist with contractual matters, and ensure healthcare practices align with the state's legal requirements.


Q: What steps should physicians and surgeons take to maintain patient data security in telehealth services?

A: Physicians and surgeons must implement robust cybersecurity measures to protect patient data during telehealth services. Complying with HIPAA regulations and using secure communication platforms are essential legal safeguards.

Q: What legal recourse do physicians and surgeons have if insurers fail to provide equitable coverage for mental health services?

A: Physicians and surgeons can consult legal counsel and file complaints with relevant regulatory authorities if insurers do not comply with mental health parity requirements. Ensuring fair reimbursement for mental health services is crucial for patient care and practice sustainability.

Q: Can telehealth services raise any legal issues regarding medical malpractice liability?

A: Telehealth services may introduce unique legal considerations for medical malpractice liability. Physicians and surgeons should assess their malpractice insurance coverage to ensure it includes telehealth services and seek legal advice to minimize potential liability risks.

Q: How often should physicians and surgeons update themselves on changes in California healthcare laws?

A: It is essential for physicians and surgeons to regularly update themselves on changes in healthcare laws, at least annually or whenever new laws are enacted. Staying informed ensures compliance and helps maintain the highest standards of patient care.

 

At Dental & Medical Counsel, PC, we understand navigating the legal process can be tricky. We believe every doctor deserves the best advice and service so doctors can do what they do best, treat their patients. We make their lives easier by providing expert guidance, so they can focus on their personal and professional aspirations.

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About Ali Oromchian, Esq.

Ali Oromchian, JD, LL.M. is the founding attorney of the Dental & Medical Counsel, PC law firm and is renowned for his expertise in legal matters

In addition to practicing law for almost 20 years, Ali is also a renowned speaker, throughout North America, on topics such as practice transitions, employment law, negotiation strategies, estate planning, and more! Ali has helped hundreds of optometrists realize their professional goals and looks forward to aiding you in navigating the legal landscape. 

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