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F 18.63 n1 Unlawful Fee Splitting By Medical Doctor: Requirement Of Specific Intent (BP 650).
BP 650 makes it unlawful for any licensed doctor to offer any type of rebate as compensation or inducement for referring patients. However, to avoid a nonsensical interpretation of the statute, the legislature must have intended a specific mental state, that is the words must be uttered with the intent to actually pay a rebate for the referral. (See People v. Gulaya UNPUBLISHED (97) 59 CA4th 750 [69 CR2d 450].)
Review has been granted in People v. Hering (7/29/98, S070514), UNPUBLISHED below (G019754) to determine whether the crimes of offering a rebate or commission for referral of patients require a specific intent or are general intent crimes. (See BP 650; Ins C 750.) [A copy of the Gulaya opinion is available to FORECITE subscribers. Ask for Opinion Bank # O-242.]