Effective January 1, 2023, California Assembly Bill 1278 requires California-licensed physicians and surgeons, including physicians and surgeons licensed under the Medical Practice Act or the Osteopathic Act (but excluding physicians and surgeons working in a hospital emergency room), to provide each patient at the initial office visit a written or electronic notice of the Open Payments database. Such notice must include 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.”—as well as a signature from the patient or a patient representative and the date of signature. Physicians and surgeons are required to maintain a record of such notice.

Further, physicians and surgeons must also post in each location where they practice, in an area that is likely to be seen by all persons who enter the office, an Open Payments database notice that includes the link to the Open Payments database and the following text:

“For informational purposes only, a link to the federal Centers for Medicare and Medicaid Services (CMS) Open Payments web page is provided here. The federal Physician Payments Sunshine Act requires that detailed information about payment and other payments of value worth over ten dollars ($10) from manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals be made available to the...

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