BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 670 (Steinberg) - Physicians and surgeons: drug prescribing
privileges: investigation.
Amended: April 8, 2013 Policy Vote: B&P 8-0
Urgency: No Mandate: No
Hearing Date: April 29, 2013
Consultant: Brendan McCarthy
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: SB 670 would make several statutory changes to
expand the authority of the Medical Board of California to
investigate and sanction physicians and surgeons.
Fiscal Impact:
One-time costs between $75,000 and $150,000 for the Medical
Board to adopt regulations (Contingent Fund of the Medical
Board).
Minor cost savings to the Medical Board due to streamlined
processes when conducting investigations (Contingent Fund of
the Medical Board).
Background: Under current law, physicians and surgeons are
licensed and regulated by the Medical Board of California. The
Medical Board is authorized to investigate physicians and
surgeons under certain circumstances. For example, if a report
is filed with the Medical Board by a coroner when a death may be
the result of gross negligence by a physician and surgeon. As
part of an investigation, the Medical Board reviews the deceased
person's medical records. Current law requires the Medical Board
to get the permission of the deceased's next of kin or get a
court order if the next of kin cannot be located or does not
give permission.
Current law includes other procedures and protections for
physicians and surgeons under investigation. For example, a
licensee under investigation is required to meet with Medical
Board staff, but only at a mutually agreed upon time.
SB 670 (Steinberg)
Page 1
Current law also allows an administrative law judge to issue an
interim suspension order to suspend a license to practice or
place other limitations on a physician and surgeon's license.
Proposed Law: SB 670 would make several statutory changes to
expand the authority of the Medical Board of California to
investigate and sanction physicians and surgeons.
Specific provisions of the bill include:
Authority for the Medical Board to inspect the medical
records of a deceased person without the permission of the
next of kin or a court order, upon receipt of a report from
a coroner;
Expansion of the definition of unprofessional conduct to
include the failure of a licensee who is under investigation
to attend an interview with the Medical Board within 30 days
of notification;
Authority for an administrative law judge to issue an
interim suspension order limiting the ability of a licensee
to prescribe controlled substances while under
investigation;
A requirement that the Medical Board impose limitations on
a licensee to prescribe controlled substances during an
investigation if there is reasonable suspicion that the
licensee has either overprescribed drugs or engaged in other
behavior relating to prescribing that has resulted in a
patient death.
Related Legislation:
SB 62 (Price) would require coroners to report to the
Medical Board of California when toxicity from a
prescription drug was a contributing factor in a cause of
death. That bill will be heard in this committee.
SB 445 (Price) would prohibit pharmacies from advertising
regarding the sale of controlled substances. That bill will
be heard in this committee.
Staff Comments: The bill expands some of the Medical Board's
authority to investigate and sanction licensees. According to
the Medical Board, the changes in the bill are likely to
streamline the investigatory process. For example, by
simplifying the process for gaining access to medical records or
by requiring licensees under investigation to meet with Medical
Board staff earlier in an investigation. Thus, the overall
SB 670 (Steinberg)
Page 2
impact of the bill is likely to be reduced investigation costs.