BILL NUMBER: AB 1886 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE JUNE 26, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Eggman
FEBRUARY 19, 2014
An act to amend Section 2233 of, and to repeal and add Section
2027 of, the Business and Professions Code, relating to physicians
and surgeons.
LEGISLATIVE COUNSEL'S DIGEST
AB 1886, 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 information regarding all
current and former licensed physicians and surgeons, 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 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2027 of the Business and Professions Code is
repealed.
SEC. 2. Section 2027 is added to the Business and Professions
Code, to read:
2027. (a) The board shall post on its Internet Web site the
following information on the current status of the license for all
current and former licensees:
(1) Whether or not the licensee is presently in good standing.
(2) Current American Board of Medical Specialties certification or
board equivalent as certified by the board.
(3) Any of the following enforcement actions or proceedings to
which the licensee is actively subjected:
(A) Temporary restraining orders.
(B) Interim suspension orders.
(C) Revocations, suspensions, probations, or limitations on
practice ordered by the board or the board of another state or
jurisdiction, including those made part of a probationary order or
stipulated agreement.
(D) Current accusations filed by the Attorney General, including
those accusations that are on appeal. For purposes of this paragraph,
"current accusation" means an accusation that has not been
dismissed, withdrawn, or settled, and has not been finally decided
upon by an administrative law judge and the board unless an appeal of
that decision is pending.
(E) Citations issued that have not been resolved or appealed
within 30 days.
(b) The board shall post on its Internet Web site all of the
following historical information in its possession, custody, or
control regarding all current and former licensees:
(1) Approved postgraduate training.
(2) Any final revocations and suspensions, or other equivalent
actions, taken against the licensee by the board or the board of
another state or jurisdiction or the surrender of a license by the
licensee in relation to a disciplinary action or investigation,
including the operative accusation resulting in the license surrender
or discipline by the board.
(3) Probation or other equivalent action ordered by the board, or
the board of another state or jurisdiction, completed or terminated,
including the operative accusation resulting in the discipline by the
board.
(4) Any felony convictions. 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.
(5) Misdemeanor convictions resulting in a disciplinary action or
accusation that is not subsequently withdrawn or dismissed. 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.
(6) Civil judgments issued in any amount, whether or not vacated
by a settlement after entry of the judgment, that were not reversed
on appeal, and arbitration awards issued in any amount, for a claim
or action for damages for death or personal injury caused by the
physician and surgeon's negligence, error, or omission in practice,
or by his or her rendering of unauthorized professional services.
(7) Except as provided in subparagraphs (A) and (B), a summary of
any final 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 provide
any additional explanatory or exculpatory information submitted by
the licensee pursuant to subdivision (f) of Section 805. The board
shall also post on its Internet Web site a factsheet that explains
and provides information on the reporting requirements under Section
805.
(A) 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 shall
remain posted on the Internet Web site for a period of 10 years from
the restoration date of the privileges, and at the end of that
period shall be removed.
(B) 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 on
the Internet Web site shall be immediately removed. For purposes of
this subparagraph, "peer review" has the same meaning as defined in
Section 805.
(8) Public letters of reprimand issued within the past 10 years by
the board or the board of another state or jurisdiction, including
the operative accusation, if any, resulting in discipline by the
board.
(9) Citations issued within the last three years that have been
resolved by payment of the administrative fine or compliance with the
order of abatement.
(10) All settlements within the last five years in the possession,
custody, or control of the board shall be disclosed for a licensee
in the low-risk category if there are three or more settlements for
that licensee within the last five years, and for a licensee in the
high-risk category if there are four or more settlements for that
licensee within the last five years. Classification of a licensee in
either a "high-risk category" or a "low-risk" category depends upon
the specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the board
pursuant to subdivision (f) of Section 803.1.
(A) For the purposes of this paragraph, "settlement" means a
settlement in an amount of thirty thousand dollars ($30,000) or more
of any claim or action for damages for death or personal injury
caused by the physician and surgeon's negligence, error, or omission
in practice, or by his or her rendering of unauthorized professional
services.
(B) For the purposes of this paragraph, "settlement" does not
include a settlement by a licensee, regardless of the amount paid,
when (i) the settlement is made as a part of the settlement of a
class claim, (ii) the amount paid in settlement of the class claim is
the same amount paid by the other licensees in the same class or
similarly situated licensees in the same class, and (iii) the
settlement was paid in the context of a case for which the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action.
(C) The board shall not disclose the actual dollar amount of a
settlement, but shall disclose settlement information in the same
manner and with the same disclosures required under subparagraph (B)
of paragraph (2) of subdivision (b) of Section 803.1.
(11) Appropriate disclaimers and explanatory statements to
accompany the information described in paragraphs (1) to (10),
inclusive, 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.
(c) The board shall provide links to other Internet Web sites that
provide information on board certifications that meet the
requirements of subdivision (h) of Section 651. The board may also
provide links to any other Internet Web sites that provide
information on the affiliations of licensed physicians and surgeons.
The board may provide links to other Internet Web sites on the
Internet that provide information on health care service plans,
health insurers, hospitals, or other facilities.
SEC. 3. 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.