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 wouldbegin delete requireend deletebegin insert revise and recast these provisions, and would, among other things, requireend insert specified information, including enforcement actions, disciplinary actions,begin delete malpracticeend deletebegin insert
civilend insert judgments, arbitration awards, and certain misdemeanor convictions, to be posted indefinitely on the board’s Internet Web site.begin insert This bill would also reduce the period that settlement information is required to be posted on the Internet Web site from 10 years to 5 years. This bill would require that public letters of reprimand issued within the past 10 years by the board or the board of another jurisdiction be posted on the board’s Internet Wed site.end insert
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 2027 of the Business and Professions
2Code is amended to read:
(a) The board shall post on the Internet the following
4information in its possession, custody, or control regarding licensed
5physicians and surgeons:
6(1) With regard to the status of the license, whether or not the
7licensee is in good standing, subject to a temporary restraining
8order (TRO), subject to an interim suspension order (ISO), or
9subject to any of the enforcement actions set forth in Section 803.1.
10(2) With regard to prior discipline, whether or not the licensee
11has been subject to discipline by the board or by the board of
12another state or jurisdiction, as described in Section 803.1.
13(3) Any felony convictions reported to the board after January
143, 1991.
15(4) All current accusations filed by the Attorney General,
16including those accusations that are on appeal. For purposes of
17this paragraph, “current accusation” shall mean an accusation that
18has not been dismissed, withdrawn, or settled, and has not been
19finally decided upon by an administrative law judge and the
20Medical Board of California unless an appeal of that decision is
21pending.
P3 1(5) Any malpractice judgment or arbitration award reported to
2the board after January 1, 1993.
3(6) Any hospital disciplinary actions that resulted in the
4termination or revocation of a licensee’s hospital staff privileges
5for a medical disciplinary
cause or reason. The posting shall also
6provide a link to any additional explanatory or exculpatory
7information submitted electronically by the licensee pursuant to
8subdivision (f) of Section 805.
9(7) Any misdemeanor conviction that results in a disciplinary
10action or an accusation that is not subsequently withdrawn or
11dismissed.
12(8) Appropriate disclaimers and explanatory statements to
13accompany the above information, including an explanation of
14what types of information are not disclosed. These disclaimers and
15statements shall be developed by the board and shall be adopted
16by regulation.
17(9) Any information required to be disclosed pursuant to Section
18803.1.
19(10) Settlement information, which shall be posted as described
20in paragraph (2) of subdivision (b) of Section 803.1.
21(b) Upon receipt of a certified copy of an expungement order
22granted pursuant to Section 1203.4 of the Penal Code from a
23licensee, the board shall, within six months of receipt of the
24expungement order, post notification of the expungement order
25and the date thereof on its Internet Web site.
26(c) (1) From January 1, 2003, the information described in
27paragraph (1) of subdivision (a) regarding whether a licensee is
28subject to a temporary restraining order (TRO) or an interim
29suspension order (ISO), the information in paragraph (4) of
30subdivision (a), and information on public letters of reprimand
31shall remain posted on the board’s Internet Web site for a period
32of 10 years from the date the board obtains possession, custody,
33or control of the information, and after the end of that period the
34information shall be removed from the board’s Internet Web site.
35(2) Except as provided in paragraph (3), if a licensee’s hospital
36staff privileges are restored and the licensee notifies the board of
37the restoration, the information pertaining to the termination or
38revocation of those privileges, as described in paragraph (6) of
39
subdivision (a), shall remain posted on the board’s Internet Web
40site for a period of 10 years from the restoration date of the
P4 1privileges, and at the end of that period the information shall be
2removed from the board’s Internet Web site.
3(3) If a court finds, in a final judgment, that peer review resulting
4in a hospital disciplinary action was conducted in bad faith and
5the licensee notifies the board of that finding, the information
6concerning that hospital disciplinary action posted pursuant to
7paragraph (6) of subdivision (a) shall be immediately removed
8from the board’s Internet Web site. For purposes of this paragraph,
9“peer review” has the same meaning as defined in Section 805.
10(d) The
board shall also post on the Internet a factsheet that
11explains and provides information on the reporting requirements
12under Section 805.
13(e) The board shall provide links to other Web sites on the
14Internet that provide information on board certifications that meet
15the requirements of subdivision (b) of Section 651. The board may
16provide links to other Web sites on the Internet that provide
17information on health care service plans, health insurers, hospitals,
18or other facilities. The board may also provide links to any other
19sites that would provide information on the affiliations of licensed
20physicians and surgeons.
begin insertSection 2027 of the end insertbegin insertBusiness and Professions
22Codeend insertbegin insert is repealed.end insert
(a) The board shall post on the Internet the following
24information in its possession, custody, or control regarding licensed
25physicians and surgeons:
26(1) With regard to the status of the license, whether or not the
27licensee is in good standing, subject to a temporary restraining
28order (TRO), subject to an interim suspension order (ISO), or
29subject to any of the enforcement actions set forth in Section 803.1.
30(2) With regard to prior discipline, whether or not the licensee
31has been subject to discipline by the board or by the board of
32another state or jurisdiction, as described in Section 803.1.
33(3) Any felony convictions reported to the board after January
343, 1991.
35(4) All current accusations filed by the Attorney General,
36including those accusations that
are on appeal. For purposes of
37this paragraph, “current accusation” shall mean an accusation that
38has not been dismissed, withdrawn, or settled, and has not been
39finally decided upon by an administrative law judge and the
P5 1Medical Board of California unless an appeal of that decision is
2pending.
3(5) Any malpractice judgment or arbitration award reported to
4the board after January 1, 1993.
5(6) Any hospital disciplinary actions that resulted in the
6termination or revocation of a licensee’s hospital staff privileges
7for a medical disciplinary cause or reason. The posting shall also
8provide a link to any additional explanatory or exculpatory
9information submitted electronically by the licensee pursuant to
10subdivision (f) of Section 805.
11(7) Any misdemeanor conviction that results in a disciplinary
12action or an accusation that is not subsequently withdrawn or
13dismissed.
14(8) Appropriate disclaimers and
explanatory statements to
15accompany the above information, including an explanation of
16what types of information are not disclosed. These disclaimers and
17statements shall be developed by the board and shall be adopted
18by regulation.
19(9) Any information required to be disclosed pursuant to Section
20803.1.
21(b) Upon receipt of a certified copy of an expungement order
22granted pursuant to Section 1203.4 of the Penal Code from a
23licensee, the board shall, within six months of receipt of the
24expungement order, post notification of the expungement order
25and the date thereof on its Internet Web site.
26(c) (1) From January 1, 2003, the information described in
27paragraphs (1) (other than whether or not the licensee is in good
28standing), (2), (4), (5), (7), and (9) of subdivision (a) shall remain
29posted for a period of 10 years from the date the board obtains
30possession, custody, or control of the information, and after the
31end of that period shall be removed from being posted on the
32board’s Internet Web site. Information in the possession, custody,
33or control of the board prior to January 1, 2003, shall be posted
34for a period of 10 years from January 1, 2003. Settlement
35information shall be posted as described in paragraph (2) of
36subdivision (b) of Section 803.1.
37(2) The information described in paragraphs (3) and (6) of
38subdivision (a) shall not be removed from being posted on the
39board’s Internet Web site.
P6 1(3) Notwithstanding paragraph (2) and except as provided in
2paragraph (4), if a licensee’s hospital staff privileges are restored
3and the licensee notifies the board of the restoration, the
4information pertaining to the termination or revocation of those
5privileges, as described in paragraph (6) of subdivision (a), shall
6remain posted for a period of 10 years from the restoration date
7of the privileges, and at the end of that period shall be removed
8from being posted on the board’s Internet Web site.
9(4) Notwithstanding paragraph (2), if a court finds, in a final
10judgment, that peer review resulting in a hospital disciplinary
11action was conducted in bad faith and the licensee notifies the
12board of that finding, the information concerning that hospital
13disciplinary action posted pursuant to paragraph (6) of subdivision
14(a) shall be immediately removed from the board’s Internet Web
15site. For purposes of this paragraph, “peer review” has the same
16meaning as defined in
Section 805.
17(d) The board shall also post on the Internet a factsheet that
18explains and provides information on the reporting requirements
19under Section 805.
20(e) The board shall provide links to other Web sites on the
21Internet that provide information on board certifications that meet
22the requirements of subdivision (b) of Section 651. The board may
23provide links to other Web sites on the Internet that
provide
24information on health care service plans, health insurers, hospitals,
25or other facilities. The board may also provide links to any other
26sites that would provide information on the affiliations of licensed
27physicians and surgeons.
begin insertSection 2027 is added to the end insertbegin insertBusiness and Professions
29Codeend insertbegin insert, to read:end insert
(a) The board shall post on its Internet Web site the
31following information on the current status of the license for all
32licensees:
33(2) Current American Board of Medical Specialties certification
34or board equivalent as certified by the board.
35(3) Any of the following enforcement actions or proceedings to
36which the licensee is actively subjected:
37(A) Temporary restraining orders.
38(B) Interim suspension orders.
39(C) Revocations, suspensions, probations, or limitations on
40practice ordered by the board or the board or another state or
P7 1jurisdiction, including those made part of a probationary order
2or stipulated agreement.
3(D) Current accusations filed by the Attorney General, including
4those accusations that
are on appeal. For purposes of this
5paragraph, “current accusation” means an accusation that has
6not been dismissed, withdrawn, or settled, and has not been finally
7decided upon by an administrative law judge and the board unless
8an appeal of that decision is pending.
9(E) Citations issued that have not been resolved or appealed
10within 30 days.
11(b) The board shall post on its Internet Web site all of the
12following historical information in its possession, custody, or
13control regarding all licensees:
14(1) Approved postgraduate training.
15(2) Any final revocations and suspensions, or other equivalent
16actions, taken against the licensee by the board or the board of
17another state or jurisdiction or the surrender of a license by the
18licensee in relation to a disciplinary action or investigation,
19including the operative accusation resulting in the license
20surrender or discipline by the board.
21(3) Probation or other equivalent action ordered by the board,
22or the board of another state or jurisdiction, completed or
23terminated, including the operative accusation resulting in the
24discipline by the board.
25(4) Any felony convictions. Upon receipt of a certified copy of
26an expungement order granted pursuant to Section 1203.4 of the
27Penal Code from a licensee, the board shall, within six months of
28receipt of the expungement order, post notification of the
29expungement order and the date thereof on its Internet Web site.
30(5) Misdemeanor convictions resulting in a disciplinary action
31or accusation that is not subsequently withdrawn or dismissed.
32Upon receipt of a certified copy of an expungement order granted
33pursuant to Section 1203.4 of the Penal Code from a licensee, the
34board shall, within six months of receipt of the expungement order,
35post notification of the expungement order and the date thereof
36on its Internet Web site.
37(6) Civil judgments issued in any amount, whether or not
38vacated by a settlement after entry of the judgment, that were not
39reversed on appeal, and arbitration awards issued in any amount,
40for a claim or action for damages for death or personal injury
P8 1caused by the physician and surgeon’s negligence, error, or
2omission in practice, or by his or her rendering of unauthorized
3professional services.
4(7) Except as provided in subparagraphs (A) and (B), a summary
5of any final hospital disciplinary actions that resulted in the
6termination or revocation of a licensee's hospital staff privileges
7for a medical disciplinary cause or reason. The posting shall
8provide any additional explanatory or exculpatory information
9submitted by the licensee pursuant to subdivision (f) of Section
10805. The board shall also post on its Internet Web site a factsheet
11that explains and provides information on the reporting
12requirements under Section 805.
13(A) If a licensee’s hospital staff privileges are restored and the
14licensee notifies the board of the restoration, the information
15pertaining to the termination or revocation of those privileges
16shall remain posted on the Internet Web site for a period of 10
17years from the restoration date of the privileges, and at the end of
18that period shall be removed.
19(B) If a court finds, in a final judgment, that peer review
20resulting in a hospital disciplinary action was conducted in bad
21faith and the licensee notifies the board of that finding, the
22information concerning that hospital disciplinary action posted
23on the Internet Web site shall be immediately removed. For
24purposes of this subparagraph, “peer review” has the same
25meaning as defined in Section 805.
26(8) Public letters of reprimand issued within the past 10 years
27by the board or the board of another state or jurisdiction, including
28the operative accusation, if any, resulting in discipline
by the
29board.
30(9) Citations issued within the last three years that have been
31resolved by payment of the administrative fine or compliance with
32the order of abatement.
33(10) All settlements within the last five years in the possession,
34custody, or control of the board shall be disclosed for a licensee
35in the low-risk category if there are three or more settlements for
36that licensee within the last five years, and for a licensee in the
37high-risk category if there are four or more settlements for that
38licensee within the last five years. Classification of a licensee in
39either a “high-risk category” or a “low-risk” category depends
40upon the specialty or subspecialty practiced by the licensee and
P9 1the designation assigned to that specialty or subspecialty by the
2board pursuant to subdivision (f) of Section 803.1.
3(A) For the purposes of this paragraph, “settlement” means a
4settlement in an amount of thirty thousand dollars
($30,000) or
5more of any claim or action for damages for death or personal
6injury caused by the physician and surgeon’s negligence, error,
7or omission in practice, or by his or her rendering of unauthorized
8professional services.
9(B) For the purposes of this paragraph, “settlement” does not
10include a settlement by a licensee, regardless of the amount paid,
11when (i) the settlement is made as a part of the settlement of a
12class claim, (ii) the amount paid in settlement of the class claim
13is the same amount paid by the other licensees in the same class
14or similarly situated licensees in the same class, and (iii) the
15settlement was paid in the context of a case for which the complaint
16that alleged class liability on behalf of the licensee also alleged a
17products liability class action cause of action.
18(C) The board shall not disclose the actual dollar amount of a
19settlement, but shall disclose settlement information in the same
20manner and with the same
disclosures required under
21subparagraph (B) of paragraph (2) of subdivision (b) of Section
22803.1.
23(11) Appropriate disclaimers and explanatory statements to
24accompany the information described in paragraphs (1) to (10),
25inclusive, including an explanation of what types of information
26are not disclosed. These disclaimers and statements shall be
27developed by the board and shall be adopted by regulation.
28(c) The board shall provide links to other Internet Web sites
29that provide information on board certifications that meet the
30requirements of subdivision (b) of Section 851. The board may
31also provide links to any other Internet Web sites that provide
32information on the affiliations of licensed physicians and surgeons.
33The board may provide links to other Internet Web sites on the
34Internet that provide information on health care service plans,
35health insurers, hospitals, or other facilities.
Section 2233 of the Business and Professions Code is
38amended to read:
The board may, by stipulation or settlement with the
40affected physician and surgeon, issue a public letter of reprimand
P10 1after it has conducted an investigation or inspection as provided
2in this article, rather than filing or prosecuting a formal accusation.
3The public letter of reprimand may, at the discretion of the board,
4include a requirement for specified training or education. The
5affected physician and surgeon shall indicate agreement or
6nonagreement in writing within 30 days of formal notification by
7the board of its intention to issue the letter. The board, at its option,
8may extend the response time. Use of a public reprimand shall be
9limited to minor violations and shall be issued under guidelines
10established by
regulations of the board.
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