BILL NUMBER: AB 536 CHAPTERED
BILL TEXT
CHAPTER 379
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011
APPROVED BY GOVERNOR SEPTEMBER 30, 2011
PASSED THE SENATE AUGUST 31, 2011
PASSED THE ASSEMBLY SEPTEMBER 6, 2011
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY APRIL 11, 2011
AMENDED IN ASSEMBLY MARCH 7, 2011
INTRODUCED BY Assembly Member Ma
FEBRUARY 16, 2011
An act to amend Section 2027 of the Business and Professions Code,
relating to physicians and surgeons.
LEGISLATIVE COUNSEL'S DIGEST
AB 536, 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 a licensee is in good
standing. Existing law requires that specified information remain
posted for 10 years and prohibits the removal of certain other
information.
This bill would require the board to post notification of an
expungement order and the date of the order within 6 months of
receiving a certified copy of the expungement order from the
licensee.
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been dismissed, withdrawn, or settled, and has not been finally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 Medical Board of
California 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. The posting shall also
provide a link to any additional explanatory or exculpatory
information submitted electronically by the licensee pursuant to
subdivision (f) of Section 805.
(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) Upon receipt of a certified copy of an expungement order
granted pursuant to Section 1203.4 of the Penal Code from a licensee,
the board shall, within six months of receipt of the expungement
order, post notification of the expungement order and the date
thereof on its Internet Web site.
(c) (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.
(3) Notwithstanding paragraph (2) and except as provided in
paragraph (4), 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.
(4) Notwithstanding paragraph (2), if a court finds, in a final
judgment, that peer review resulting in a hospital disciplinary
action was conducted in bad faith and the licensee notifies the board
of that finding, the information concerning that hospital
disciplinary action posted pursuant to paragraph (6) of subdivision
(a) shall be immediately removed from the board's Internet Web site.
For purposes of this paragraph, "peer review" has the same meaning as
defined in Section 805.
(d) The board shall also post on the Internet a factsheet that
explains and provides information on the reporting requirements under
Section 805.
(e) 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.