SECTIONS 445 - California Statutes

HEALTH AND SAFETY CODE

SECTION 445

445. No person, firm, partnership, association or corporation, or
agent or employee thereof, shall for profit refer or recommend a
person to a physician, hospital, health-related facility, or
dispensary for any form of medical care or treatment of any ailment
or physical condition. The imposition of a fee or charge for any such
referral or recommendation creates a presumption that the referral
or recommendation is for profit.
The provisions of this section shall not apply to referrals or
recommendations which are made under the crippled children services
program or prepaid health plans.
A physician, hospital, health-related facility or dispensary shall
not enter into a contract or other form of agreement to accept for
medical care or treatment any person referred or recommended for such
care or treatment by a medical referral service business located in
or doing business in another state if the medical referral service
business would be prohibited under this part if the business were
located in or doing business in this state.
A violation of the provisions of this section shall constitute a
misdemeanor and upon conviction thereof may be punished by
imprisonment in the county jail for not longer than one year, or a
fine of not more than five thousand dollars ($5,000), or by both such
fine and imprisonment.
Any violation of this section may be enjoined in a civil action
brought in the name of the people of the State of California by the
Attorney General, except that the plaintiff shall not be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.