BILL NUMBER: AB 245 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 10, 2009
An act to amend Section 2027 of the Business and Professions Code,
relating to physicians and surgeons.
LEGISLATIVE COUNSEL'S DIGEST
AB 245, as amended, Ma. Physicians and surgeons.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Existing law requires the board to post certain
information on the Internet regarding licensed physicians and
surgeons , including, but not limited to, felony convictions,
certain misdemeanor convictions, and whether or not the licensees are
in good standing. Existing law requires that certain
information remain posted for 10 years and prohibits the removal of
certain other information .
This bill would require the board to verify the information posted
pursuant to those provisions, as specified, and would require the
board to immediately remove information discovered to be false and to
remove expunged misdemeanor or felony convictions within a specified
period of time. The bill would also require the board to ensure that
the biographical information posted on its Internet Web site
regarding licensees is accurate. The bill would require the board to
establish a process for addressing complaints from licensees
regarding the posting of inappropriate information and would make the
board liable for damages incurred by a licensee as a result of the
board's failure to comply with these requirements.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2027 of the Business and Professions Code is
amended to read:
2027. (a) The board shall post on the Internet the following
information in its possession, custody, or control regarding licensed
physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the board unless an
appeal of that decision is pending.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason.
(7) Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
(8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
(9) Any information required to be disclosed pursuant to Section
803.1.
(b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003. Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
(2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site. Notwithstanding the provisions of this paragraph,
if a licensee's hospital staff privileges are restored and the
licensee notifies the board of the restoration, the information
pertaining to the termination or revocation of those privileges, as
described in paragraph (6) of subdivision (a), shall remain posted
for a period of 10 years from the restoration date of the privileges,
and at the end of that period shall be removed from being posted on
the board's Internet Web site.
(c) Notwithstanding subdivision (b), the board shall remove an
expunged misdemeanor or felony conviction posted pursuant to this
section within 30 days of receiving notice of the expungement.
(d) (1) Notwithstanding subdivision (b), the board shall verify
the accuracy of information posted pursuant to this section as of
January 1, 2010, and shall, by April 1, 2010, remove any information
that the board is unable to verify.
(2) On and after January 1, 2010, the board shall not post
information pursuant to this section unless it first verifies the
accuracy of that information. The verification required by this
paragraph shall include, but not be limited to, an attempt to verify
the information with the licensed physician and surgeon who is the
subject of the information and his or her attorney.
(3) Notwithstanding subdivision (b), and except as provided in
paragraph (1), any information posted pursuant to this section that
the board subsequently discovers to be false shall be immediately
removed.
(e) The board shall ensure that the biographical information
posted on its Internet Web site with respect to licensed physicians
and surgeons is accurate.
(f) The board shall establish a process to completely address
complaints from licensed physicians and surgeons regarding
inappropriate information posted by the board pursuant to this
section.
(g) The board shall be liable for damages incurred by a licensed
physician and surgeon as a result of the board's failure to meet the
requirements of subdivision (c), (d), or (e).
(c)
(h) The board shall provide links to other Web sites on
the Internet that provide information on board certifications that
meet the requirements of subdivision (b) of Section 651. The board
may provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.