BILL NUMBER: AB 1886 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Eggman
FEBRUARY 19, 2014
An act to amend Sections 2027 and 2233 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 indefinitely regarding
licensed physicians and surgeons and requires specified information,
including any malpractice judgements, arbitration awards, and
settlement information, to be posted for a period of 10 years.
This bill would remove the requirement that the specified
information be posted on the Internet for a period of 10 years,
thereby requiring that information to require
specified information, including enforcement actions, disciplinary
actions, malpractice judgments, arbitration awards, and certain
misdemeanor convictions, to be posted indefinitely on the
board's Internet Web site .
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.
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.
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.
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.
(10) Settlement information, which shall be posted as described in
paragraph (2) of subdivision (b) of 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) If
(c) (1) From January 1, 2003, the information described in
paragraph (1) of subdivision (a) regarding whether a licensee is
subject to a temporary restraining order (TRO) or an interim
suspension order (ISO), the information in paragraph (4) of
subdivision (a), and information on public letters of reprimand shall
remain posted on the board's Internet Web site 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 the information
shall be removed from the board's Internet Web site.
(2) Except as provided in paragraph (3), 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 on the board's Internet Web site
for a period of 10 years from the restoration date of the
privileges, and at the end of that period the information shall be
removed from the board's Internet Web site.
(3) 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.
SEC. 2. Section 2233 of the Business and Professions Code is
amended to read:
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.