Business and Professions Code section 661

(a)

A physician and surgeon shall provide to each patient at the initial office visit a written or electronic notice of the Open Payments database. The written notice shall include a signature from the patient or a patient representative and the date of signature.

(b)

The written or electronic notice shall contain the following text:

“The Open Payments database is a federal tool used to search payments made by drug and device companies to physicians and teaching hospitals. It can be found at https://openpaymentsdata.cms.gov.”

(c)

A physician and surgeon shall include in the electronic records for the patient a record of the notice pursuant to this section.

(d)

If a physician and surgeon does not maintain electronic records, the physician and surgeon shall include the notice pursuant to this section in the written records.

(e)

A physician and surgeon shall give to the patient or patient representative a copy of the signed and dated notice.