Under Business and Professions Code section 805, a hospital peer review committee makes a required report to the Medical Board of California. An “805 Report,” as it’s called, is typically filed if a physician is denied hospital privileges or loses hospital privileges for longer than 30 days. Suspensions longer than 14 days can require an 805 report, as can abandoning an application or resigning privileges with an investigation pending. An 805 report must be filed within 15 days after the adverse event. 805 reports are not only filed by hospitals for loss or denial of privileges, but also by organizations such as Kaiser Permanente for loss of employment.
The 805 report is the vehicle by which hospitals and employers can inform the Medical Board of California about physician discipline. The 805 report is required due to discipline for a “medical disciplinary cause or reason.” Under Business and Professions Code section 805(a)(6), a “medical disciplinary cause or reason” is “that aspect of a licentiate’s competence or professional conduct that is reasonably likely to be detrimental to patient safety or to the delivery of patient care.”
The best way to avoid the Medical Board investigation and resulting discipline that can be caused by an 805 report is to never get one filed. Since a $50,000 fine awaits a hospital that fails to file a required report, a required report must be filed. However, if a triggering event can be avoided – for example, by shortening suspension to under 14 days or a restriction of privileges to under 30 days – the 805 report can be avoided. If an outcome is expected that will trigger an 805 report, a physician should resist the urge to take the easy way out and resign or accept reportable discipline without a fight. An 805 report, in the long run, can result in discipline that can devastate a physician’s license.
For legal assistance with peer review, negotiating with medical staff regarding hospital sanctions, or dealing with the Medical Board fallout from an 805 report, contact us for legal help with your matter.
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