California Legislature—2013–14 Regular Session

Assembly Bill No. 1886

Introduced by Assembly Member Eggman

February 19, 2014

An act to amend Section 2027 of the Business and Professions Code, relating to physicians and surgeons.

LEGISLATIVE COUNSEL’S DIGEST

AB 1886, as introduced, Eggman. Medical Board of California.

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 and requires specified information, including any malpractice awards, to be posted for a period of 10 years.

This bill would remove the requirement that specified information be posted on the Internet for a period of 10 years thereby requiring that information to be posted indefinately.

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 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has not been dismissed, withdrawn, or settled, and has not been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.

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(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.

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(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.

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(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.

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(4) Notwithstanding paragraph (2), if

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begin insert (c) end insert begin insert   end insert begin insert If end insert 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.