BILL NUMBER: AB 1767	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2010

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 9, 2010

   An act to add Section 2316 to the Business and Professions Code,
  and to amend Section 128335 of the Health and Safety Code,
  relating to  physicians and surgeons  
healing arts  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, as amended, Hill.  Physicians and surgeons:
expert testimony.  Healing arts. 
   Existing law requires a board under the Business and Professions
Code, including the Medical Board of California, to provide legal
representation to any person hired or under contract who provides
expertise to the board in the evaluation of an applicant or the
conduct of a licensee when that person is named as a defendant in a
civil action arising out of the evaluation or any opinions rendered,
statements made, or testimony given to the board. Existing law also
provides immunity from civil liability to any person providing
testimony to the Medical Board of California, the California Board of
Podiatric Medicine, or the Department of Justice indicating that a
licensee may be guilty of unprofessional conduct or may be impaired
because of drug or alcohol abuse or mental illness.
   This bill would require the  Office of the Attorney General,
with   approval by the  Medical Board of California
 ,  to provide representation to any licensed physician and
surgeon who provides expertise to the board in the evaluation of the
conduct of an applicant or a licensee when, as a result of providing
that expertise, the physician and surgeon is subject to a
disciplinary proceeding undertaken by a specialty board of which the
physician and surgeon is a member. 
   Existing law requires the Office of Statewide Health Planning and
Development to establish a nonprofit public benefit corporation known
as the Health Professions Education Foundation to perform various
duties with respect to implementing health professions scholarship
and loan programs. Under existing law, the foundation is governed by
13 members, including, until January 1, 2011, 2 members of the
Medical Board of California appointed by the board.  
   This bill would extend the 2 foundation board appointments to
January 1, 2016. 
   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.  (a) The Legislature finds and declares that consumer
protection is further strengthened when the Medical Board of
California uses board-certified physicians and surgeons in the
investigation of complaints and the prosecution of administrative
disciplinary actions. The Legislature further finds and declares that
the use of board-certified physicians and surgeons is consistent
with the requirements of Section 2220.08 of the Business and
Professions Code, and in conformity with existing case law that
requires that the standard of care and any deviations from the
standard of care be established by expert witnesses.
   (b) The Legislature finds and declares that a disturbing trend may
be emerging whereby board-certified physicians and surgeons may be
subject to discipline from the very boards that certified them as
expert witnesses for the Medical Board of California in
administrative proceedings. Actual or threatened discipline against
board-certified physicians and surgeons may chill participation in
the board's expert reviewer program and may significantly impair and
hamper the effective and timely resolution of complaints and
licensure and disciplinary actions. The Legislature finds and
declares that the enactment of legislation is necessary to prevent
this occurrence and for the protection of California consumers.
  SEC. 2.  Section 2316 is added to the Business and Professions
Code, to read:
   2316.  If a licensed physician and surgeon who provides expertise
to the board in the evaluation of an applicant or a licensee is, as a
result of providing that expertise, the subject of a disciplinary
proceeding undertaken by a specialty board of which the physician and
surgeon is a member,  the board shall provide representation
for the physician and surgeon in that disciplinary proceeding.
  with board approval, the Office of the Attorney
General shall represent the physician and surgeon in that
disciplinary proceeding regarding any allegation brought against the
physician and surgeon as a direct result of providing that expertise
to   the board. 
  SEC. 3.    Section 128335 of the   Health and
Safety Code   , as amended by Section 3 of Chapter 317 of
the Statutes of 2005, is amended to read: 
   128335.  (a) The office shall establish a nonprofit public benefit
corporation, to be known as the Health Professions Education
Foundation, that shall be governed by a board consisting of a total
of 13 members, nine members appointed by the Governor, one member
appointed by the Speaker of the Assembly, one member appointed by the
Senate Committee on Rules, and two members of the Medical Board of
California appointed by the Medical Board of California. The members
of the foundation board appointed by the Governor, Speaker of the
Assembly, and Senate Committee on Rules may include representatives
of minority groups that are underrepresented in the health
professions, persons employed as health professionals, and other
appropriate members of health or related professions. All persons
considered for appointment shall have an interest in health programs,
an interest in health educational opportunities for underrepresented
groups, and the ability and desire to solicit funds for the purposes
of this article as determined by the appointing power. The
chairperson of the commission shall also be a nonvoting, ex officio
member of the board.
   (b) The Governor shall appoint the president of the board of
trustees from among those members appointed by the Governor, the
Speaker of the Assembly, the Senate Committee on Rules, and the
Medical Board of California.
   (c) The director, after consultation with the president of the
board, may appoint a council of advisers comprised of up to nine
members. The council shall advise the director and the board on
technical matters and programmatic issues related to the Health
Professions Education Foundation Program.
   (d) Members of the board and members of the council shall serve
without compensation but shall be reimbursed for any actual and
necessary expenses incurred in connection with their duties as
members of the board or the council. Members appointed by the Medical
Board of California shall serve without compensation, but shall be
reimbursed by the Medical Board of California for any actual and
necessary expenses incurred in connection with their duties as
members of the foundation board.
   (e) Notwithstanding any provision of law relating to incompatible
activities, no member of the foundation board shall be considered to
be engaged in activities inconsistent and incompatible with his or
her duties solely as a result of membership on the Medical Board of
California.
   (f) The foundation shall be subject to the Nonprofit Public
Benefit Corporation Law (Part 2 (commencing with Section 5110) of
Division 2 of Title 2 of the Corporations Code), except that if there
is a conflict with this article and the Nonprofit Public Benefit
Corporation Law (Part 2 (commencing with Section 5110) of Division 2
of Title 2 of the Corporations Code), this article shall prevail.
   (g) This section shall remain in effect only until January 1,
 2011   2016  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2011   2016  , deletes or
extends that date.
   SEC. 4.    Section 128335 of the   
 Health and Safety Code   , as added by Chapter 317 of
the Statutes of 2005, is amended to read: 
   128335.  (a) The office shall establish a nonprofit public benefit
corporation, to be known as the Health Professions Education
Foundation, that shall be governed by a board consisting of nine
members appointed by the Governor, one member appointed by the
Speaker of the Assembly, and one member appointed by the Senate
Committee on Rules. The members of the foundation board appointed by
the Governor, Speaker of the Assembly, and Senate Committee on Rules
may include representatives of minority groups which are
underrepresented in the health professions, persons employed as
health professionals, and other appropriate members of health or
related professions. All persons considered for appointment shall
have an interest in health programs, an interest in health
educational opportunities for underrepresented groups, and the
ability and desire to solicit funds for the purposes of this article
as determined by the appointing power. The chairperson of the
commission shall also be a nonvoting, ex officio member of the board.

   (b) The Governor shall appoint the president of the board of
trustees from among those members appointed by the Governor, the
Speaker of the Assembly, and the Senate Committee on Rules.
   (c) The director, after consultation with the president of the
board, may appoint a council of advisers comprised of up to nine
members. The council shall advise the director and the board on
technical matters and programmatic issues related to the Health
Professions Education Foundation Program.
   (d) Members of the board and members of the council shall serve
without compensation but shall be reimbursed for any actual and
necessary expenses incurred in connection with their duties as
members of the board or the council.
   (e) The foundation shall be subject to the Nonprofit Public
Benefit Corporation Law (Part 2 (commencing with Section 5110) of
Division 2 of Title 2 of the Corporations Code), except that if there
is a conflict with this article and the Nonprofit Public Benefit
Corporation Law (Part 2 (commencing with Section 5110) of Division 2
of Title 2 of the Corporations Code), this article shall prevail.
   (f) This section shall become operative January 1,  2011
  2016  .