BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 670|
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UNFINISHED BUSINESS
Bill No: SB 670
Author: Steinberg (D)
Amended: 9/11/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 4/15/13
AYES: Price, Block, Corbett, Galgiani, Hernandez, Hill,
Padilla, Yee
NO VOTE RECORDED: Emmerson, Wyland
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/29/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 35-3, 5/29/13
AYES: Beall, Berryhill, Block, Calderon, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Jackson, Knight,
Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley,
Price, Roth, Steinberg, Torres, Walters, Wolk, Wright, Yee
NOES: Anderson, Fuller, Wyland
NO VOTE RECORDED: Huff, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Physicians and surgeons: drug prescribing
privileges: investigation
SOURCE : Author
DIGEST : This bill permits the Medical Board of California
CONTINUED
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(MBC) to inspect and copy a deceased patient's medical records,
clarifies language relating to unprofessional conduct, and
permits an interim suspension order (ISO) to place restrictions
on a physician's prescribing privileges, as specified.
Assembly Amendments delete provisions of the bill that imposed
limitations on a physician's prescribing privileges; revise the
definition of "unprofessional conduct;" authorize the MBC to
inspect and copy the medical records of a deceased patient, as
specified; and make technical and clarifying changes.
ANALYSIS :
Existing law:
1. Licenses and regulates physicians and surgeons under the
Medical Practice Act (MPA) by the MBC and states that the
protection of the public is the highest priority of the MBC
in exercising its functions.
2. Authorizes investigators and representatives of the MBC,
among others, to inquire into any alleged violation of the
MPA or any other federal or state law, regulation, or rule
relevant to the practice of medicine or podiatric medicine,
and to inspect documents relevant to those investigations,
including the inspection and copying of any document relevant
to an investigation where patient consent is given.
3. Provides for the professional review of specified healing
arts licentiates (as a physician and surgeon, doctor of
podiatric medicine, clinical psychologist, marriage and
family therapist, clinical social worker, or dentist) by a
peer review body, as defined.
4. Requires a coroner to make a report to the MBC, among other
specified entities, when he/she receives information that
indicates that a death may be the result of a physician and
surgeon's, podiatrist's, or physician assistant's gross
negligence or incompetence.
5. Requires the MBC to take action against any licensee who is
charged with unprofessional conduct. Unprofessional conduct
is defined to include, among other things, the repeated
failure by a licensee who is the subject of an MBC
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investigation, in the absence of good cause, to attend and
participate in an interview scheduled by the mutual agreement
of the licensee and the MBC.
6. Establishes, under the Administrative Procedure Act (APA),
within the Office of Administrative Hearings a Medical
Quality Hearing Panel to conduct adjudicative hearings and
proceedings relative to licensees of the MBC under the terms
and conditions set forth in the APA, except as provided in
the MPA.
7. Authorizes an administrative law judge (ALJ) of the Medical
Quality Hearing Panel to issue an ISO suspending a license,
or imposing drug testing, continuing education, supervision
of procedures, or other licensee restrictions.
8. Requires that the burden and standards of proof to obtain an
ISO shall be those applicable to a preliminary injunction
under Code of Civil Procedure Section 527.
This bill:
1. Permits MBC to inspect and copy the medical records of a
deceased patient, in any investigation that involves the
death of that patient, without the authorization of the
beneficiary or personal representative of the deceased
patient, or a court order solely for the purpose of
determining the extent to which the death was the result of
the physician and surgeon's conduct in violation of the MPA,
if MBC provides a written request to the physician and
surgeon that includes a declaration that MBC has been
unsuccessful in locating or contacting the deceased patient's
beneficiary or personal representative after reasonable
efforts.
2. Prohibits MBC from inspecting a deceased patient's medical
records without a court order when the beneficiary or
personal representative of the deceased patient has been
located and contacted, but has refused to consent to MBC
inspecting and copying the medical records.
3. Makes legislative findings and declarations that the
authority created in MBC to inspect a deceased's records
according to this bill, and a physician and surgeon's
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compliance with that request, are consistent with the public
interest and benefit activities of the federal Health
Insurance Portability and Accountability Act.
4. States 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.
5. Permits an ALJ of the Medical Quality Hearing Panel to issue
an ISO limiting the authority of a physician and surgeon to
prescribe, furnish, administer or dispense controlled
substances.
6. Makes clarifying and technical changes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 9/11/13)
Center for Public Interest Law
California Academy of Family Physicians
Osteopathic Physicians and Surgeons of California
California Medical Association
MW:k 9/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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