(a) In addition to Article 12 (commencing with Section 2220), the charging, or obtaining of an unconscionable fee for professional services rendered to a patient by an osteopathic physician and surgeon constitutes unprofessional conduct and is grounds for disciplinary action.
(b) A fee is unconscionable within the meaning of this section when it is so exorbitant and wholly disproportionate to the services performed as to shock the conscience of physicians of ordinary prudence practicing in the same community. Factors to be considered, where appropriate, in determining the reasonableness of a fee, are based on the circumstances existing at the time of the service and shall include, but not be limited to, the following:
(1) The time and effort required.
(2) The novelty and difficulty of the procedure and treatment.
(3) The skill required to perform the procedure or treatment properly.
(4) The likelihood, if apparent to the patient, that the proper treatment of the patient will preclude the physician from remuneration from other sources.
(5) Any requirements or conditions imposed by the patient or by the circumstances.
(6) The nature and length of the professional relationship with the patient.
(7) The experience, reputation, and ability of the physician performing the services.
(8) The results obtained.
(9) The existence of full fee disclosure and knowing patient consent.
(Added by Stats. 1988, Ch. 325, Sec. 1.)
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