BILL ANALYSIS Ó
SB 670
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Date of Hearing: August 21, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 670 (Steinberg) - As Amended: August 6, 2013
Policy Committee: Business and
Professions Vote: 8-4
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill expands the enforcement powers of the Medical Board of
California (MBC) with respect to investigation and sanction of
physicians, with a particular focus on those engaged in
inappropriate prescribing. Specifically, this bill:
1)Permits the MBC to limit a physician's prescribing privileges
during a pending investigation for 30 days with probable cause
to believe the Medical Practice Act has been violated.
2)Permits an administrative law judge's interim suspension order
(ISO) to place restrictions on a physician's prescribing
privileges.
3)Permits MBC to inspect and copy a deceased patient's medical
records if the next of kin cannot be located.
4)Clarifies that the repeated failure by a physician and surgeon
who is the subject of an investigation by MBC, in the absence
of good cause, to attend and participate in an interview
scheduled by MBC is unprofessional conduct.
FISCAL EFFECT
1)Costs to the MBC to adopt regulations, not likely to exceed
$100,000.
2)The MBC may experience some minor costs associated with use of
the tools allowed in this bill, as well as some level of
increased efficiency in investigation and enforcement;
however, it is unlikely to impact the number of cases or total
SB 670
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workload significantly.
COMMENTS
1)Rationale . This bill seeks to improve the efficiency of the
MBC's enforcement actions against providers suspected of
engaging in inappropriate prescribing practices. A 2012 Los
Angeles Times series titled "Dying for Relief," as well as the
2013 Legislative Sunset Review staff analysis, highlighted
inefficiencies in MBC's enforcement activities. The Sunset
Review analysis noted infrequent use of ISOs to stop
physicians from prescribing excessive drugs. By permitting
the MBC to temporarily limit prescribing for 30 days with a
"probable cause" instead of "clear and convincing" standard of
proof, and by permitting an ISO to restrict prescribing
directly instead of current restrictions that limit the
revocation of prescribing privileges only to physicians
already on probation, the MBC believes it can offer the public
more robust protection from inappropriate prescribing.
2)Related Legislation . SB 304 (Lieu) extends the time period
between issuing an ISO and filing an accusation from 15 to 30
days. SB 304 is pending in this committee.
SB 62 (Price and Lieu) requires a coroner to report to MBC
when he or she receives information indicating that a death
was caused by a Schedule II, III, or IV drug. SB 62 is
currently pending on the Suspense File of this committee.
3)Opposition . The California Medical Association believes the
process created in the bill subverts due process rights for
physicians, and lowers the evidentiary standard for revocation
of prescribing privileges to the detriment of physicians and
their patients.
Analysis Prepared by : Lisa Murawski / APPR. / (916) 319-2081