Amended in Assembly April 2, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1886

Introduced by Assembly Member Eggman

February 19, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 2027 begin insert and 2233 end insert of the Business and Professions Code, relating to physicians and surgeons.

LEGISLATIVE COUNSEL’S DIGEST

AB 1886, as amended, 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 begin delete awards end delete begin insert judgements, arbitration awards, and settlement information end insert , to be posted for a period of 10 years.

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

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Existing law authorizes the board, by stipulation or settlement with the affected physician and surgeon, to issue a public letter of reprimand after it has conducted an investigation or inspection as specified, rather than filing or prosecuting a formal accusation.

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Existing law requires the board to disclose information regarding any enforcement actions taken against a licensee, including, among other things, public letters of reprimand issued, to an inquiring member of the public, as specified.

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This bill would make a clarifying and conforming change regarding the disclosure of public letters of reprimand to an inquiring member of the public by deleting a conflicting provision that authorizes, rather than requires, the board to disclose those public letters of reprimand.

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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.

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(10) Settlement information, which shall be posted as described
in paragraph (2) of subdivision (b) of Section 803.1.

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(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) 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.

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begin insert SEC. 2. end insert   

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begin insert Section 2233 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

2233.  

The board may, by stipulation or settlement with the
affected physician and surgeon, issue a public letter of reprimand
after it has conducted an investigation or inspection as provided
in this article, rather than filing or prosecuting a formal accusation.
The public letter of reprimand may, at the discretion of the board,
include a requirement for specified training or education. The
affected physician and surgeon shall indicate agreement or
nonagreement in writing within 30 days of formal notification by
the board of its intention to issue the letter. The board, at its option,
may extend the response time. Use of a public reprimand shall be
limited to minor violations and shall be issued under guidelines
established by regulations of the board. begin delete A public letter of reprimand
issued pursuant to this section may be disclosed to an inquiring
member of the public. end delete