BILL NUMBER: AB 245 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2009
AMENDED IN SENATE JULY 1, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 27, 2009
AMENDED IN ASSEMBLY MARCH 26, 2009
INTRODUCED BY Assembly Member Ma
FEBRUARY 10, 2009
An act to amend Section 2027 of add
Section 2027.1 to 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 remove expunged misdemeanor
or felony convictions, posted pursuant to those provisions, within 90
days of receiving a copy of the expungement order from the licensee.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2027.1 is added to the
Business and Professions Code , to read:
2027.1. Notwithstanding subdivision (b) of Section 2027, the
board shall remove an expunged misdemeanor or felony conviction
posted pursuant to Section 2027 within 90 days of receiving a copy of
the expungement order from the licensee.
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 90 days of receiving a copy of the expungement order
from the licensee.
(d) 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.