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 revise and recast these provisions, and would, among other things, require specified informationbegin insert end insertbegin insertregarding all current and former licensed physicians and surgeonsend insert, including enforcement
actions, disciplinary actions, civil judgments, arbitration awards, and certain misdemeanor convictions, to be posted indefinitely on the board’s Internet Web site. 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 Internetbegin delete Wedend deletebegin insert Webend insert 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 2027 of the Business and Professions
2Code is repealed.
Section 2027 is added to the Business and Professions
4Code, to read:
(a) The board shall post on its Internet Web site the
6following information on the current status of the license for all
7begin insert current and formerend insert licensees:
8(1) Whether or not the licensee is presently in good standing.
end insert
9(2) Current American Board of Medical Specialties certification
10or board equivalent as certified by the board.
11(3) Any of the following enforcement actions or
proceedings
12to which the licensee is actively subjected:
13(A) Temporary restraining orders.
14(B) Interim suspension orders.
15(C) Revocations, suspensions, probations, or limitations on
16practice ordered by the board or the boardbegin delete orend deletebegin insert ofend insert another state or
17jurisdiction, including those made part of a probationary order or
18stipulated agreement.
P3 1(D) Current accusations filed by the Attorney General, including
2those accusations that are on appeal. For purposes of this paragraph,
3“current
accusation” means an accusation that has not been
4dismissed, withdrawn, or settled, and has not been finally decided
5upon by an administrative law judge and the board unless an appeal
6of that decision is pending.
7(E) Citations issued that have not been resolved or appealed
8within 30 days.
9(b) The board shall post on its Internet Web site all of the
10following historical information in its possession, custody, or
11control regarding allbegin insert current and formerend insert licensees:
12(1) Approved postgraduate training.
13(2) Any final revocations and suspensions, or other equivalent
14actions,
taken against the licensee by the board or the board of
15another state or jurisdiction or the surrender of a license by the
16licensee in relation to a disciplinary action or investigation,
17including the operative accusation resulting in the license surrender
18or discipline by the board.
19(3) Probation or other equivalent action ordered by the board,
20or the board of another state or jurisdiction, completed or
21terminated, including the operative accusation resulting in the
22discipline by the board.
23(4) Any felony convictions. Upon receipt of a certified copy of
24an expungement order granted pursuant to Section 1203.4 of the
25Penal Code from a licensee, the board shall, within six months of
26receipt of the expungement order, post notification of the
27expungement order and the date thereof
on its Internet Web site.
28(5) Misdemeanor convictions resulting in a disciplinary action
29or accusation that is not subsequently withdrawn or dismissed.
30Upon receipt of a certified copy of an expungement order granted
31pursuant to Section 1203.4 of the Penal Code from a licensee, the
32board shall, within six months of receipt of the expungement order,
33post notification of the expungement order and the date thereof on
34its Internet Web site.
35(6) Civil judgments issued in any amount, whether or not
36vacated by a settlement after entry of the judgment, that were not
37reversed on appeal, and arbitration awards issued in any amount,
38for a claim or action for damages for death or personal injury
39caused by the physician and surgeon’s negligence, error, or
P4 1omission in practice, or by his
or her rendering of unauthorized
2professional services.
3(7) Except as provided in subparagraphs (A) and (B), a summary
4of any final hospital disciplinary actions that resulted in the
5termination or revocation of a licensee's hospital staff privileges
6for a medical disciplinary cause or reason. The posting shall
7provide any additional explanatory or exculpatory information
8submitted by the licensee pursuant to subdivision (f) of Section
9805. The board shall also post on its Internet Web site a factsheet
10that explains and provides information on the reporting
11requirements under Section 805.
12(A) If a licensee’s hospital staff privileges are restored and the
13licensee notifies the board of the restoration, the information
14pertaining to the termination or revocation of those privileges shall
15
remain posted on the Internet Web site for a period of 10 years
16from the restoration date of the privileges, and at the end of that
17period shall be removed.
18(B) If a court finds, in a final judgment, that peer review
19resulting in a hospital disciplinary action was conducted in bad
20faith and the licensee notifies the board of that finding, the
21information concerning that hospital disciplinary action posted on
22the Internet Web site shall be immediately removed. For purposes
23of this subparagraph, “peer review” has the same meaning as
24defined in Section 805.
25(8) Public letters of reprimand issued within the past 10 years
26by the board or the board of another state or jurisdiction, including
27the operative accusation, if any, resulting in discipline by the board.
28(9) Citations issued within the last three years that have been
29resolved by payment of the administrative fine or compliance with
30the order of abatement.
31(10) All settlements within the last five years in the possession,
32custody, or control of the board shall be disclosed for a licensee
33in the low-risk category if there are three or more settlements for
34that licensee within the last five years, and for a licensee in the
35high-risk category if there are four or more settlements for that
36licensee within the last five years. Classification of a licensee in
37either a “high-risk category” or a “low-risk” category depends
38upon the specialty or subspecialty practiced by the licensee and
39the designation assigned to that specialty or subspecialty by the
40board pursuant to subdivision (f)
of Section 803.1.
P5 1(A) For the purposes of this paragraph, “settlement” means a
2settlement in an amount of thirty thousand dollars ($30,000) or
3more of any claim or action for damages for death or personal
4injury caused by the physician and surgeon’s negligence, error, or
5omission in practice, or by his or her rendering of unauthorized
6professional services.
7(B) For the purposes of this paragraph, “settlement” does not
8include a settlement by a licensee, regardless of the amount paid,
9when (i) the settlement is made as a part of the settlement of a
10class claim, (ii) the amount paid in settlement of the class claim
11is the same amount paid by the other licensees in the same class
12or similarly situated licensees in the same class, and (iii) the
13settlement was paid in the context of a case
for which the complaint
14that alleged class liability on behalf of the licensee also alleged a
15products liability class action cause of action.
16(C) The board shall not disclose the actual dollar amount of a
17settlement, but shall disclose settlement information in the same
18manner and with the same disclosures required under subparagraph
19(B) of paragraph (2) of subdivision (b) of Section 803.1.
20(11) Appropriate disclaimers and explanatory statements to
21accompany the information described in paragraphs (1) to (10),
22inclusive, including an explanation of what types of information
23are not disclosed. These disclaimers and statements shall be
24developed by the board and shall be adopted by regulation.
25(c) The board shall
provide links to other Internet Web sites
26that provide information on board certifications that meet the
27requirements of subdivision (b) of Section 851. The board may
28also provide links to any other Internet Web sites that provide
29information on the affiliations of licensed physicians and surgeons.
30The board may provide links to other Internet Web sites on the
31Internet that provide information on health care service plans,
32health insurers, hospitals, or other facilities.
Section 2233 of the Business and Professions Code is
34amended to read:
The board may, by stipulation or settlement with the
36affected physician and surgeon, issue a public letter of reprimand
37after it has conducted an investigation or inspection as provided
38in this article, rather than filing or prosecuting a formal accusation.
39The public letter of reprimand may, at the discretion of the board,
40include a requirement for specified training or education. The
P6 1affected physician and surgeon shall indicate agreement or
2nonagreement in writing within 30 days of formal notification by
3the board of its intention to issue the letter. The board, at its option,
4may extend the response time. Use of a public reprimand shall be
5limited to minor violations and shall be issued under guidelines
6established by
regulations of the board.
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