1316
. (a) The rules of a health facility shall include provisions
for use of the facility by, and staff privileges for, duly licensed
podiatrists within the scope of their respective licensure, subject
to rules and regulations governing such use or privileges established
by the health facility. Such rules and regulations shall not
discriminate on the basis of whether the staff member holds a M. D.,
D.O., or D.P.M. degree, within the scope of their respective
licensure. Each health facility shall establish a staff comprised of
physicians and surgeons, podiatrists, or any combination thereof,
which shall regulate the admission, conduct suspension, or
termination of the staff appointment of the podiatrists while using
the facilities. No classification of health facilities by the state
department, nor any other classification of health facilities based
on quality of service or otherwise, by any person, body, or
governmental agency of this state or any subdivision thereof shall be
affected by a health facility's provision for use of its facilities
by duly licensed podiatrists, nor shall any such classification be
affected by the subjection of the podiatrists, to the rules and
regulations of a staff comprising podiatrists, physicians and
surgeons, or any combination thereof, which govern the podiatrists'
use of the facilities. No classification of health facilities by any
governmental agency of this state or any subdivision thereof pursuant
to present law or laws passed hereinafter for the purposes of
ascertaining eligibility for compensation, reimbursement, or other
benefit for treatment of patients shall be affected by a health
facility's provision for use of its facilities by duly licensed
podiatrists, nor shall any such classification be affected by the
subjection of the podiatrists and dentists to the rules and
regulations of a staff comprising podiatrists, physicians and
surgeons, or any combination thereof, which govern the podiatrists'
use of the facilities.
With regard to the practice of podiatry in health facilities
throughout this state, medical staff status shall include and provide
for the right to pursue and practice full clinical and surgical
privileges for holders of M.D., D.O., and D. P.M. degrees within the
scope of their respective licensure. Such rights and privileges shall
be limited or restricted only upon the basis of an individual
practitioner's demonstrated competence. Such competence shall be
determined by health facility rules, regulations, and procedures
which are necessary and are applied in good faith, equally and in a
nondiscriminatory manner, to all practitioners regardless of whether
they hold a M.D., D.O., or D.P.M. degree.
Nothing in this section shall be construed to require a health
facility to offer a specific health service or services not otherwise
offered. If a health service is offered, the facility shall not
discriminate between persons holding M.D. , D.O., or D.P.M. degrees
who are authorized by law to perform such services.
This subdivision shall not prohibit a health facility which is a
clinical teaching facility owned or operated by a university
operating a school of medicine from requiring that a podiatrist have
a faculty teaching appointment as a condition for eligibility for
staff privileges for that facility.
(b) The rules of a health facility which include provisions for
use of the facility by, and staff privileges for, medical staff shall
not discriminate on the basis of whether the staff member holds a
M.D., D.O., or D.P.M. degree, within the scope of their respective
licensure. The health facility staff processing, reviewing,
evaluating, and determining qualifications for staff privileges for
medical staff shall include, if possible, staff members that hold
M.D., D.O., and D.P.M. degrees.
(c) Any violation by a health facility of the provisions of this
section may be enjoined in an action brought in the name of the
people of the State of California by the district attorney of the
county in which the health facility is located, upon receipt of a
complaint by an aggrieved physician and surgeon or podiatrist.