BILL ANALYSIS
AB 1070
Page 1
ASSEMBLY THIRD READING
AB 1070 (Hill)
As Amended April 22, 2009
Majority vote
BUSINESS & PROFESSIONS 7-2
APPROPRIATIONS 12-4
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|De Leon, Ammiano, |
| |Nava, | |Charles Calderon, Davis, |
| |John A. Perez, Price, | |Krekorian, Hall, Harkey, |
| |Ruskin | |John A. Perez, Price, |
| | | |Skinner, Solorio, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Niello, Smyth |Nays:|Nielsen, Duvall, Miller, |
| | | |Audra Strickland |
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SUMMARY : Makes revisions to the reporting requirements for
arbitration awards, specified settlements, or civil judgments to
the Medical Board of California (MBC) if based on the licensee's
alleged negligence, error, or omission related to the practice
of medicine. Specifically, this bill :
1)Consolidates reporting requirements to specify that the
entity, person, or licensee required to report send a copy of
the report to the claimant or to his or her counsel if the
claimant is represented by counsel.
2)Increases the minimum fine for failure to comply with the
reporting requirements from $50 to $500 and the maximum from
$500 to $5,000.
3)Deletes the fines related to a knowing and intentional failure
to comply with the reporting requirements, or conspiracy or
collusion not to comply, or hindering or impeding another's
compliance with the reporting requirements.
4)Requires a report to include:
a) The date of the alleged occurrence and the licensee's
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role in the care or professional services provided to the
patient with respect to those services at issue in the
claim or action; and,
b) A copy of the judgment.
5)Requires any entity making a report to, within 15 days after
filing the report, notify the licensee that the report was
filed with the appropriate licensing board.
6)Prohibits any entity that provides early intervention, patient
safety, or risk management programs to patients, or contracts
for those programs for patients, from including, as part of
any of those programs or contracts, any of the following:
a) A provision that prohibits a patient or patients from
contacting or cooperating with the board;
b) A provision that prohibits a patient or patients from
filing a complaint with the board; or,
c) A provision that requires a patient or patients to
withdraw a complaint that has been filed with the board.
7)Permits the president of the MBC to be a member of any panels
necessary to carry out the work of the MBC if there is a
vacancy in the membership of the MBC.
8)Requires all medical records requested by the MBC to be
certified.
9)Places a cap of $10,000 on the penalty that can be assessed on
a physician for not complying with the MBC's request for
certified medical records.
10)Permits an administrative law judge to recommend the issuance
of a public reprimand that includes additional education and
training in a proposed decision.
11)Specifies that licensees must report to the MBC, both at the
time of renewal and upon initial licensure:
a) Information regarding any specialty board certifications
he or she holds that is issued by a member of the Board of
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American Specialties or approved by the MBC;
b) His or her practice status; and, if desired, and,
c) His or her cultural background and foreign language
proficiency.
12)Defines the following terms:
a) "Certified medical records" means a copy of the
patient's medical records authenticated by the licensee or
health care facility, as appropriate, on a form prescribed
by the board;
b) "Licensee" means a licensee of the MBC, the Osteopathic
Medical Board of California, or the California Board of
Podiatric Medicine; and,
c) "State governmental agency" includes the University of
California for purposes of reporting medical settlements.
13)Declares legislative intent.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would require absorbable workload to the
MBC to continue oversight of settlements, awards, and judgments,
and to comply with the reporting requirements pursuant to this
bill.
COMMENTS : According to the author's office, "In certain
settings when a person sustains injury resulting from services
rendered by professional staff, the hospital or an insurance
group may choose to offer the patient an amount of money to
cover the costs of the future treatment in order to eliminate
the need for a malpractice claim. When such action is taken,
the matter is not reported to the MBC because it does not fit
into the criteria set forth in Business and Professions Code
Section 801.01, as a civil case has not been filed. However,
this does not negate the need for the MBC to investigate the
matter, if the injury allegedly occurred due to the actions of a
physician and surgeon.
"The intent of the reporting malpractice settlements, judgments,
or arbitration awards to the MBC is to ensure consumer
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protection by reviewing the care and treatment for the physician
and surgeon involved in the care provided to the patient.? The
MBC ...does wish to be notified of physicians and surgeons whose
care may fall below the standard."
The MBC offers the following explanation for the other
amendments:
Currently, the Board President is not permitted to sit
on a panel. When the Board does not have enough
members to fill both panels, usually due to term
expirations, it is often the case that Board members
must serve on two disciplinary panels at the same time
in order to have a quorum with which to take action.
Allowing the Board President to sit on a panel would
expedite the process of decision making and reduce the
workload for the members who are sitting on more than
one panel.
When the Board requests medical records upon initial
complaint, certified records are requested but not
always provided. The initial review can be performed
without certified records, however, if the complaint
goes to investigation, the Board will need certified
medical records. Currently, the Board often has to
request medical records more than once, which prolongs
the process of investigation. Requiring the requested
medical records to be certified would expedite the
process of review and investigation of complaints.
The board has a form that can be filled out to certify
the records and the provider of the records can ask
the board to send its copy service thus reducing the
cost to the physician or entity.
Puts a cap of ten thousand dollars ($10,000) on the
penalty that can be assessed a physician for not
complying with the Board's request for medical
records. Currently the penalty is one thousand
dollars ($1,000) a day for not complying with the
request for medical records. This cap is the same as
what is in current law for hospitals.
Allows an administrative law judge to recommend the
issuance of a public reprimand that includes
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additional education and training in a proposed
decision. Currently, when the Medical Board feels the
appropriate level of discipline for a physician is a
public letter of reprimand with required training or
education, prior to the filing of an Accusation, the
Medical Board may issue the physician a public letter
of reprimand that includes the additional education or
training requirements. However, if the Medical Board
has filed an accusation against a physician and the
accusation is heard by an administrative law judge,
the law does not allow the administrative law judge to
recommend a public reprimand to be issued to the
physician with a training or education requirement.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301
FN: 0000716