BILL NUMBER: AB 1070	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

   An act to amend Section 2227 of the Business and Professions Code,
relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1070, as introduced, Hill. Healing arts: discipline.
   Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons and other healing arts
practitioners, including doctors of podiatric medicine. Existing law
prescribes the disciplinary action that may be taken against a
physician and surgeon or podiatrist. Among other things, existing law
authorizes the licensee to be publicly reprimanded.
   This bill would authorize the public reprimand to include a
requirement that the licensee complete educational courses selected
by the board.
   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 2227 of the Business and Professions Code is
amended to read:
   2227.  (a) A licensee whose matter has been heard by an
administrative law judge of the Medical Quality Hearing Panel as
designated in Section 11371 of the Government Code, or whose default
has been entered, and who is found guilty, or who has entered into a
stipulation for disciplinary action with the  division
  board  , may, in accordance with the provisions
of this chapter:
   (1) Have his or her license revoked upon order of the 
division   board  .
   (2) Have his or her right to practice suspended for a period not
to exceed one year upon order of the  division  
board  .
   (3) Be placed on probation and be required to pay the costs of
probation monitoring upon order of the  division
 board  .
   (4) Be publicly reprimanded by the  division 
 board. The public reprimand may include a requirement that the
licensee complete relevant educational courses selected by the board
 .
   (5) Have any other action taken in relation to discipline as part
of an order of probation, as the  division  
board  or an administrative law judge may deem proper.
   (b) Any matter heard pursuant to subdivision (a), except for
warning letters, medical review or advisory conferences, professional
competency examinations, continuing education activities, and cost
reimbursement associated therewith that are agreed to with the
 division   board  and successfully
completed by the licensee, or other matters made confidential or
privileged by existing law, is deemed public, and shall be made
available to the public by the board pursuant to Section 803.1.