BILL ANALYSIS Ó
AB 1127
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Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1127 (Brownley) - As Amended: April 4, 2011
SUBJECT : Physicians and surgeons: unprofessional conduct.
SUMMARY : Makes it unprofessional conduct for a physician and
surgeon who is the subject of an investigation by the Medical
Board of California (MBC) to repeatedly fail, in the absence of
good cause, to attend and participate in an interview scheduled
by the mutual agreement of the physician and surgeon and the
Board.
EXISTING LAW
1)Provides for the licensure and regulation of physicians and
surgeons under the Medical Practice Act by the MBC.
2)Requires the MBC to take action against any licensee who is
charged with unprofessional conduct.
3)Provides that unprofessional conduct includes, but is not
limited to, the following:
a) Violating or attempting to violate, directly or
indirectly, assisting in or abetting the violation of, or
conspiring to violate any provision of this chapter.
b) Gross negligence.
c) Repeated negligent acts, as specified.
d) Incompetence.
e) The commission of any act involving dishonesty or
corruption which is substantially related to the
qualifications, functions, or duties of a physician and
surgeon.
f) Any action or conduct which would have warranted the
denial of a certificate.
AB 1127
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g) The practice of medicine from this state into another
state or country without meeting the legal requirements of
that state or country for the practice of medicine, as
specified.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "After
an initial complaint is filed against a physician with the
Medical Board, the Board's first step is to interview the
physician to gather more background and determine the legitimacy
of the complaint. Interviews require the presence of the
physician, investigator from the Medical Board, medical
consultant from the Medical Board, and a representative from the
Attorney General's office. Multiple dates are suggested before
settling on a time that accommodates the physician's schedule.
"Despite best practices by the Board to dismiss frivolous
complaints and pursue those that warrant formal accusations,
there have been documented delays in investigations as some
physicians have repeatedly and purposefully failed to appear
before the Board after scheduling interviews absent good cause.
This has resulted in cases being delayed between 60 days to over
one year. Over the last three years, the Board has been forced
to issue 338 subpoenas to compel participation of these
physicians, wasting valuable staff time and department
resources."
Background . The MBC's disciplinary process requires the MBC,
after receiving a complaint against a licensee, to interview the
physician before moving forward to either close the case or take
disciplinary action. If the physician refuses to appear for an
interview, the process comes to a halt.
After the Legislature's 2001-02 sunset review of the MBC, SB
1950 (Figueroa), Chapter 1085, Statutes of 2002, required the
Director of Consumer Affairs to retain, by March 31, 2003, an
enforcement program monitor to evaluate the MBC's disciplinary
system for two years and report his or her findings to the
Legislature, the MBC, and the Department of Consumer Affairs
(DCA).
In 2005, the MBC's enforcement program monitor released her
AB 1127
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final report that found, among other things, that MBC's case
processing times were unacceptably high and cited delays in
physician interviews as a contributing factor. While the MBC
revised its interview policies and deadlines, the report noted
that the average number of days between the interview request
and the actual interview represents "a large portion of the
undesirable 259-day average investigative timeframe."
Support . The MBC, sponsor of this bill, states, "The Board
believes that this bill will help to expedite the closure of
disciplinary cases by providing an incentive for physicians to
cooperate and participate in physician interviews...The Medical
Board believes this bill will significantly reduce the delays
that result from a physician failing to cooperate with the Board
by not participating in the physician interview."
Previous legislation . SB 1950 (Figueroa), Chapter 1085,
Statutes of 2002, requires the Director of Consumer Affairs to
retain, by March 31, 2003, an enforcement program monitor to
evaluate the MBC's disciplinary system for two years and report
his or her findings to the Legislature, the MBC, and DCA.
REGISTERED SUPPORT / OPPOSITION :
Support
Medical Board of California (sponsor)
Center for Public Interest Law
Opposition
None on file.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301