BILL NUMBER: AB 2445	CHAPTERED  08/01/08

	CHAPTER  247
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  JULY 15, 2008
	AMENDED IN SENATE  JUNE 4, 2008
	AMENDED IN ASSEMBLY  APRIL 1, 2008

INTRODUCED BY   Assembly Member Nakanishi

                        FEBRUARY 21, 2008

   An act to amend Section 2221 of, and to add Section 2221.05 to,
the Business and Professions Code, relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2445, Nakanishi. Medical Board of California: disciplinary
procedures: applicants.
   Existing law, the Medical Practice Act, creates the Medical Board
of California and makes it responsible for issuing a physician's and
surgeon's certificate to qualified applicants. Upon a determination
that an applicant is guilty of unprofessional conduct or of any cause
that would subject a licensee to revocation or suspension of his or
her license, the act authorizes the board to deny his or her
application or to issue a probationary certificate that is subject to
conditions of probation.
   This bill would authorize the board to issue a physician's and
surgeon's certificate to an applicant who has committed minor
violations, as specified, and to concurrently issue a public letter
of reprimand, which would be purged 3 years from the date of
issuance. The bill would require that the public letter of reprimand
be disclosed to an inquiring member of the public and be posted on
the board's Internet Web site.
   This bill would also make technical, nonsubstantive, and
clarifying changes to a related provision with regard to
reapplication procedures and obsolete references, as specified.


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

  SECTION 1.  Section 2221 of the Business and Professions Code is
amended to read:
   2221.  (a) The board may deny a physician's and surgeon's
certificate to an applicant guilty of unprofessional conduct or of
any cause that would subject a licensee to revocation or suspension
of his or her license; or, the board in its sole discretion, may
issue a probationary physician's and surgeon's certificate to an
applicant subject to terms and conditions, including, but not limited
to, any of the following conditions of probation:
   (1) Practice limited to a supervised, structured environment where
the licensee's activities shall be supervised by another physician
and surgeon.
   (2) Total or partial restrictions on drug prescribing privileges
for controlled substances.
   (3) Continuing medical or psychiatric treatment.
   (4) Ongoing participation in a specified rehabilitation program.
   (5) Enrollment and successful completion of a clinical training
program.
   (6) Abstention from the use of alcohol or drugs.
   (7) Restrictions against engaging in certain types of medical
practice.
   (8) Compliance with all provisions of this chapter.
   (9) Payment of the cost of probation monitoring.
   (b) The board may modify or terminate the terms and conditions
imposed on the probationary certificate upon receipt of a petition
from the licensee.
   (c) Enforcement and monitoring of the probationary conditions
shall be under the jurisdiction of the board in conjunction with the
administrative hearing procedures established pursuant to Sections
11371, 11372, 11373, and 11529 of the Government Code, and the review
procedures set forth in Section 2335.
   (d) The board shall deny a physician's and surgeon's certificate
to an applicant who is required to register pursuant to Section 290
of the Penal Code. This subdivision does not apply to an applicant
who is required to register as a sex offender pursuant to Section 290
of the Penal Code solely because of a misdemeanor conviction under
Section 314 of the Penal Code.
   (e) An applicant shall not be eligible to reapply for a physician'
s and surgeon's certificate for a minimum of three years from the
effective date of the final decision or action regarding the denial
of his or her application, except that the board may, in its
discretion and for good cause demonstrated, permit reapplication
after not less than one year has elapsed from the effective date of
the final decision or action regarding the denial.
  SEC. 2.  Section 2221.05 is added to the Business and Professions
Code, to read:
   2221.05.  (a) Notwithstanding subdivision (a) of Section 2221, the
board may issue a physician's and surgeon's certificate to an
applicant who has committed minor violations that the board deems, in
its discretion, do not merit the denial of a certificate or require
probationary status under Section 2221, and may concurrently issue a
public letter of reprimand.
   (b) A public letter of reprimand issued concurrently with a
physician's and surgeon's certificate shall be purged three years
from the date of issuance.
   (c) A public letter of reprimand issued pursuant to this section
shall be disclosed to an inquiring member of the public and shall be
posted on the board's Internet Web site.
   (d) Nothing in this section shall be construed to affect the board'
s authority to issue an unrestricted license.