BILL NUMBER: AB 1267	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Halderman

                        FEBRUARY 18, 2011

   An act to amend Section 2236.1 of the Business and Professions
Code, relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1267, as introduced, Halderman. Physicians and surgeons:
certificate.
   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 that a physician and surgeon's
certificate be suspended automatically when the holder of the
certificate is incarcerated after a felony conviction.
   This bill would additionally require that suspension when the
holder of the certificate is incarcerated after a misdemeanor
conviction. The bill would make other conforming and nonsubstantive,
technical changes.
   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 2236.1 of the Business and Professions Code is
amended to read:
   2236.1.  (a) A physician and surgeon's certificate shall be
suspended automatically during any time that the holder of the
certificate is incarcerated after conviction of a felony  or
misdemeanor  , regardless of whether the conviction has been
appealed. The  Division of Medical Quality  
board  shall, immediately upon receipt of the certified copy of
the record of conviction, determine whether the certificate of the
physician and surgeon has been automatically suspended by virtue of
his or her incarceration, and if so, the duration of that suspension.
The  division   board  shall notify the
physician and surgeon of the license suspension and of his or her
right to elect to have the issue of penalty heard as provided in this
section.
   (b) Upon receipt of the certified copy of the record of
conviction, if after a hearing it is determined therefrom that the
felony  or misdemeanor  of which the licensee was convicted
was substantially related to the qualifications, functions, or duties
of a physician and surgeon, the  Division of Medical Quality
  board  shall suspend the license until the time
for appeal has elapsed, if no appeal has been taken, or until the
judgment of conviction has been affirmed on appeal or has otherwise
become final, and until further order of the  division
  board  . The issue of substantial relationship
shall be heard by an administrative law judge from the Medical
Quality Hearing Panel sitting alone or with a panel of the 
division   board  , in the discretion of the
 division   board  .
   (c) Notwithstanding subdivision (b), a conviction of any crime
referred to in Section 2237, or a conviction of Section 187, 261,
262, or 288 of the Penal Code, shall be conclusively presumed to be
substantially related to the qualifications, functions, or duties of
a physician and surgeon and no hearing shall be held on this issue.
Upon its own motion or for good cause shown, the  division
  board  may decline to impose or may set aside the
suspension when it appears to be in the interest of justice to do
so, with due regard to maintaining the integrity of and confidence in
the medical profession.
   (d) (1) Discipline may be ordered in accordance with Section 2227,
or the  Division of Licensing   board  may
order the denial of the license when the time for appeal has
elapsed, the judgment of conviction has been affirmed on appeal, or
an order granting probation is made suspending the imposition of
sentence, irrespective of a subsequent order under Section 1203.4 of
the Penal Code allowing the person to withdraw his or her plea of
guilty and to enter a plea of not guilty, setting aside the verdict
of guilty, or dismissing the accusation, complaint, information, or
indictment.
   (2) The issue of penalty shall be heard by an administrative law
judge from the Medical Quality Hearing Panel sitting alone or with a
panel of the  division   board  , in the
discretion of the  division   board  . The
hearing shall not be had until the judgment of conviction has become
final or, irrespective of a subsequent order under Section 1203.4 of
the Penal Code, an order granting probation has been made suspending
the imposition of sentence; except that a licensee may, at his or her
option, elect to have the issue of penalty decided before those time
periods have elapsed. Where the licensee so elects, the issue of
penalty shall be heard in the manner described in this section at the
hearing to determine whether the conviction was substantially
related to the qualifications, functions, or duties of a physician
and surgeon. If the conviction of a licensee who has made this
election is overturned on appeal, any discipline ordered pursuant to
this section shall automatically cease. Nothing in this subdivision
shall prohibit the  division   board  from
pursuing disciplinary action based on any cause other than the
overturned conviction.
   (e) The record of the proceedings resulting in the conviction,
including a transcript of the testimony therein, may be received in
evidence.
   (f) The other provisions of this article setting forth a procedure
for the suspension or revocation of a physician and surgeon's
certificate shall not apply to proceedings conducted pursuant to this
section.