§ 1295.Form of Provisions In Medical Services Contract Containing Provisions For Arbitration

Title 9.1. Arbitration of Medical Malpractice · Last amended 2023 · Last verified July 29, 2026

In one sentenceSection 1295 requires any medical services contract with an arbitration clause to put that clause first, in specified wording, with a bold red notice just above the signature line, and gives the patient 30 days to rescind.

Full Text of § 1295

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Any contract for medical services which contains a provision for arbitration of any dispute as to professional negligence of a health care provider shall have such provision as the first article of the contract and shall be expressed in the following language: "It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration."

(b) Immediately before the signature line provided for the individual contracting for the medical services must appear the following in at least 10-point bold red type:

"NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF THIS CONTRACT."

(c) Once signed, such a contract governs all subsequent open-book account transactions for medical services for which the contract was signed until or unless rescinded by written notice within 30 days of signature. Written notice of such rescission may be given by a guardian or conservator of the patient if the patient is incapacitated or a minor.

(d) Where the contract is one for medical services to a minor, it shall not be subject to disaffirmance if signed by the minor's parent or legal guardian.

(e) Such a contract is not a contract of adhesion, nor unconscionable nor otherwise improper, where it complies with subdivisions (a), (b), and (c) of this section.

(f) Subdivisions (a), (b), and (c) shall not apply to any health care service plan contract offered by an organization registered pursuant to Article 2.5 (commencing with Section 12530) of Division 3 of Title 2 of the Government Code, or licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code, which contains an arbitration agreement if the plan complies with paragraph (10) of subdivision (b) of Section 1363 of the Health and Safety Code, or otherwise has a procedure for notifying prospective subscribers of the fact that the plan has an arbitration provision, and the plan contracts conform to subdivision (h) of Section 1373 of the Health and Safety Code.

(g) For the purposes of this section:

(1) "Health care provider" means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act, or licensed pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code; and any clinic, health dispensary, or health facility, licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. "Health care provider" includes the legal representatives of a health care provider;

(2) "Professional negligence" means a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital.

End

Plain-English Summary

Doctors and hospitals sometimes ask patients to agree in advance to arbitrate malpractice claims instead of suing. This section decides how that request has to be made, because a patient signing a stack of intake paperwork can easily miss what they are giving up.

The arbitration clause has to come first, as the contract's opening article, and it has to use wording the statute itself spells out, telling the patient plainly that malpractice disputes go to arbitration rather than a jury. Right above the signature line, in bold red type at least 10 points tall, a separate notice has to repeat the point in capital letters so it cannot be missed. Even after signing, the patient keeps an out: written notice within 30 days cancels the arbitration agreement, and a guardian or conservator can send that notice for a patient who is a minor or otherwise incapacitated. A contract signed by a minor's parent or guardian binds the minor too, without the usual right to disaffirm it later.

A contract that follows all of this is not treated as one-sided or unfair just because it requires arbitration. The section also carves out an exception for certain registered or licensed health care service plans that already have their own disclosure procedures, and it defines who counts as a health care provider and what counts as professional negligence for these purposes.

Frequently Asked Questions

Where does the arbitration clause have to appear in a medical services contract?

As the first article of the contract, using the specific language Section 1295 requires.

What notice has to appear near the signature line?

A separate notice in at least 10-point bold red type, in capital letters, telling the patient that signing means giving up the right to a jury or court trial over malpractice claims.

Can a patient change their mind after signing?

Yes. Written notice of rescission within 30 days of signing cancels the arbitration provision, and a guardian or conservator may give that notice for an incapacitated or minor patient.

Does a contract like this count as unfair just because it requires arbitration?

No. Section 1295 provides that a contract complying with its disclosure and notice requirements is not a contract of adhesion or otherwise improper on that basis.

Does this section apply to every health plan contract?

No. It exempts certain registered or licensed health care service plans that already follow their own arbitration-disclosure procedures under the Health and Safety Code.

Amendment History

Amended by Stats 2023 ch 42 (AB 118),s 1, eff. 7/10/2023. Amended by Stats. 1976, Ch. 1185.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: medical malpractice arbitration clause californiaarbitration notice medical contract