BILL NUMBER: AB 487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 21, 2001

   An act to amend Section 2234 of the Business and Professions Code,
relating to medical practice.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 487, as introduced, Aroner.  Medical professionals:  conduct.
   Existing law, the Medical Practices Act, provides for the
licensure and regulation of the practices of medicine and podiatric
medicine by the Medical Board of California.  Existing law requires
any person who practices medicine or podiatric medicine to obtain a
license from the Division of Licensing of the Medical Board of
California, and requires the Division of Medical Quality of the board
to take action against any licensee charged with unprofessional
conduct.
   This bill would make it unprofessional conduct for a licensee to
fail to adequately prescribe, order, administer, or dispense
controlled substances for purposes of pain management.  The bill
would require the board to investigate any complaint under the bill
and, upon a finding of undermedication or failure to adequately treat
pain, to order a physician to undergo certified remedial education
within 180 days of the board's finding.  Because a violation of the
provisions of the bill relating to unprofessional conduct would be a
misdemeanor, the bill would impose a state-mandated local program by
creating new crimes.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2234 of the Business and Professions Code is
amended to read:
   2234.  The Division of Medical Quality shall take action against
any licensee who is charged with unprofessional conduct.  In addition
to other provisions of this article, unprofessional conduct
includes, but is not limited to, the following:
   (a) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter.
   (b) Gross negligence.
   (c) Repeated negligent acts.
   (d) Incompetence.
   (e) The commission of any act involving dishonesty or corruption
 which   that  is substantially related to
the qualifications, functions, or duties of a physician and surgeon.

   (f) Any action or conduct  which   that 
would have warranted the denial of a certificate.
   (g) The practice of medicine from this state into another state or
country without meeting the legal requirements of that state or
country for the practice of medicine.  Section 2314 shall not apply
to this subdivision. This subdivision shall become operative upon the
implementation of the proposed registration program described in
Section 2052.5.   
   (h) A failure to adequately prescribe, order, administer, or
dispense controlled substances, including opioid analgesics, for the
relief or modulation of pain in accordance with accepted knowledge as
described in appropriate clinical and public health care protocols
for pain treatment and as set forth in the appropriate sections of
the Health and Safety Code.
   The Medical Board of California shall investigate any complaint
under this subdivision and upon a finding of undermedication or a
failure to adequately treat pain, the board shall order a physician
subject to the finding to undergo remedial education certified by a
professional association specializing in medical pain management.
   The physician subject to the remedial education requirement shall,
within 180 days of the board's finding, provide the physician's
certification to the board that the remedial education was completed
in compliance with this subdivision. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.