as amended, Bonta.
begin deleteMedical Board of California: cannabis. end delete
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law requires the Medical Board of California to prioritize its investigative and prosecutorial resources to ensure that the most harmful physicians and surgeons are identified and disciplined expeditiously, and provides a list of allegations that shall be prioritized.end delete
This bill would add repeatedly recommending excessive cannabis to patients for medical purposes, and repeatedly recommending cannabis to patients without a good faith examination and a medical reason, to the list of prioritized allegations.end delete
This bill would become operative only if SB 643 of the 2015-16 Regular Session is enacted and becomes operative.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(a) Each entity specified in subdivisions (c), (d), and (e)
4shall provide on the Internet information regarding the status of
P4 1every license issued by that entity in accordance with the California
2Public Records Act (Chapter 3.5 (commencing with Section 6250)
3of Division 7 of Title 1 of the Government Code) and the
4Information Practices Act of 1977 (Chapter 1 (commencing with
5Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
6The public information to be provided on the Internet shall include
7information on suspensions and revocations of licenses issued by
8the entity and other related enforcement action, including
9accusations filed pursuant to the Administrative Procedure Act
10(Chapter 3.5 (commencing with Section 11340) of Part 1 of
11Division 3 of Title 2 of the Government Code) taken by the entity
12relative to persons, businesses, or facilities subject to licensure or
13regulation by the entity. The information may not include personal
14information, including home telephone number, date of birth, or
15social security number. Each entity shall disclose a licensee’s
16address of record. However, each entity shall allow a licensee to
17provide a post office box number or other alternate address, instead
18of his or her home address, as the address of record. This section
19shall not preclude an entity from also requiring a licensee, who
20has provided a post office box number or other alternative mailing
21address as his or her address of record, to provide a physical
22business address or residence address only for the entity’s internal
23administrative use and not for disclosure as the licensee’s address
24of record or disclosure on the Internet.
25(b) In providing information on the Internet, each entity specified
26in subdivisions (c) and (d) shall comply with the Department of
27Consumer Affairs’ guidelines for access to public records.
28(c) Each of the following entities within the Department of
29Consumer Affairs shall comply with the requirements of this
31(1) The Board for Professional Engineers, Land Surveyors, and
32Geologists shall disclose information on its registrants and
34(2) The Bureau of Automotive Repair shall disclose information
35on its licensees, including auto repair dealers, smog stations, lamp
36and brake stations, smog check technicians, and smog inspection
38(3) The Bureau of Electronic and Appliance Repair, Home
39Furnishings, and Thermal Insulation shall disclose information on
40its licensees and registrants, including major appliance repair
P5 1dealers, combination dealers (electronic and appliance), electronic
2repair dealers, service contract sellers, and service contract
4(4) The Cemetery and Funeral Bureau shall disclose information
5on its licensees, including cemetery brokers, cemetery salespersons,
6cemetery managers, crematory managers, cemetery authorities,
7crematories, cremated remains disposers, embalmers, funeral
8establishments, and funeral directors.
9(5) The Professional Fiduciaries Bureau shall disclose
10information on its licensees.
11(6) The Contractors’ State License Board shall disclose
12information on its licensees and registrants in accordance with
13Chapter 9 (commencing with Section 7000) of Division 3. In
14addition to information related to licenses as specified in
15subdivision (a), the board shall also disclose information provided
16to the board by the Labor Commissioner pursuant to Section 98.9
17of the Labor Code.
18(7) The Bureau for Private Postsecondary Education shall
19disclose information on private postsecondary institutions under
20its jurisdiction, including disclosure of notices to comply issued
21pursuant to Section 94935 of the Education Code.
22(8) The California Board of Accountancy shall disclose
23information on its licensees and registrants.
24(9) The California Architects Board shall disclose information
25on its licensees, including architects and landscape architects.
26(10) The State Athletic Commission shall disclose information
27on its licensees and registrants.
28(11) The State Board of Barbering and Cosmetology shall
29disclose information on its licensees.
30(12) The State Board of Guide Dogs for the Blind shall disclose
31information on its licensees and registrants.
32(13) The Acupuncture Board shall disclose information on its
34(14) The Board of Behavioral Sciences shall disclose
35information on its licensees, including licensed marriage and family
36therapists, licensed clinical social workers, licensed educational
37psychologists, and licensed professional clinical counselors.
38(15) The Dental Board of California shall disclose information
39on its licensees.
P6 1(16) The State Board of Optometry shall disclose information
2regarding certificates of registration to practice optometry,
3statements of licensure, optometric corporation registrations, branch
4office licenses, and fictitious name permits of its licensees.
5(17) The Board of Psychology shall disclose information on its
6licensees, including psychologists, psychological assistants, and
8(d) The State Board of Chiropractic Examiners shall disclose
9information on its licensees.
10(e) The Structural Pest Control Board shall disclose information
11on its licensees, including applicators, field representatives, and
12operators in the areas of fumigation, general pest and wood
13destroying pests and organisms, and wood roof cleaning and
18 “Internet” for the purposes of this section has the meaning
19set forth in paragraph (6) of subdivision (f) of Section 17538.
The department is comprised of the following:
23(a) The Dental Board of California.
24(b) The Medical Board of California.
25(c) The State Board of Optometry.
26(d) The California State Board of Pharmacy.
27(e) The Veterinary Medical Board.
28(f) The California Board of Accountancy.
29(g) The California Architects Board.
30(h) The Bureau of Barbering and Cosmetology.
31(i) The Board for Professional Engineers and Land Surveyors.
32(j) The Contractors’ State License Board.
33(k) The Bureau for Private Postsecondary Education.
34(l) The Bureau of Electronic and Appliance Repair, Home
35Furnishings, and Thermal Insulation.
36(m) The Board of Registered Nursing.
37(n) The Board of Behavioral Sciences.
38(o) The State Athletic Commission.
39(p) The Cemetery and Funeral Bureau.
40(q) The State Board of Guide Dogs for the Blind.
P7 1(r) The Bureau of Security and Investigative Services.
2(s) The Court Reporters Board of California.
3(t) The Board of Vocational Nursing and Psychiatric
5(u) The Landscape Architects Technical Committee.
6(v) The Division of Investigation.
7(w) The Bureau of Automotive Repair.
8(x) The Respiratory Care Board of California.
9(y) The Acupuncture Board.
10(z) The Board of Psychology.
11(aa) The California Board of Podiatric Medicine.
12(ab) The Physical Therapy Board of California.
13(ac) The Arbitration Review Program.
14(ad) The Physician Assistant Committee.
15(ae) The Speech-Language Pathology and Audiology Board.
16(af) The California Board of Occupational Therapy.
17(ag) The Osteopathic Medical Board of California.
18(ah) The Naturopathic Medicine Committee.
19(ai) The Dental Hygiene Committee of California.
20(aj) The Professional Fiduciaries Bureau.
21(ak) The State Board of Chiropractic Examiners.
22(al) The Bureau of Real Estate.
23(am) The Bureau of Real Estate Appraisers.
24(an) The Structural Pest Control Board.
27 Any other boards, offices, or officers subject to its
28jurisdiction by law.
(a) For the purpose of this section, “eligible agency”
23means any agency, authority, board, bureau, commission,
24conservancy, council, department, division, or office of state
25government, however denominated, excluding an agency that is
26constitutionally created or an agency related to postsecondary
27education, for which a date for repeal has been established by
28statute on or after January 1, 2011.
29(b) The Joint Sunset Review Committee is hereby created to
30identify and eliminate waste, duplication, and inefficiency in
31government agencies. The purpose of the committee is to conduct
32a comprehensive analysis over 15 years, and on a periodic basis
33thereafter, of every eligible agency to determine if the agency is
34still necessary and cost effective.
35(c) Each eligible agency scheduled for repeal shall submit to
36the committee, on or before December 1 prior to the year it is set
37to be repealed, a complete agency report covering the entire period
38since last reviewed, including, but not limited to, the following:
39(1) The purpose and necessity of the agency.
P33 1(2) A description of the agency budget, priorities, and job
2descriptions of employees of the agency.
3(3) Any programs and projects under the direction of the agency.
4(4) Measures of the success or failures of the agency and
5justifications for the metrics used to evaluate successes and failures.
6(5) Any recommendations of the
agency for changes or
7reorganization in order to better fulfill its purpose.
8(d) The committee shall take public testimony and evaluate the
9eligible agency prior to the date the agency is scheduled to be
10repealed. An eligible agency shall be eliminated unless the
11Legislature enacts a law to extend, consolidate, or reorganize the
12eligible agency. No eligible agency shall be extended in perpetuity
13unless specifically exempted from the provisions of this section.
14The committee may recommend that the Legislature extend the
15statutory sunset date for no more than one year to allow the
16committee more time to evaluate the eligible agency.
17(e) The committee shall be comprised of 10 members of the
18Legislature. The Senate Committee on Rules shall appoint five
19members of the Senate to the committee, not more than three of
20whom shall be members of the same political party. The Speaker
21of the Assembly shall appoint five members of the Assembly to
22the committee, not more than three of whom shall be members of
23the same political party. Members shall be appointed within 15
24days after the commencement of the regular session. Each member
25of the committee who is appointed by the Senate Committee on
26Rules or the Speaker of the Assembly shall serve during that
27committee member’s term of office or until that committee member
28no longer is a Member of the Senate or the Assembly, whichever
29is applicable. A vacancy on the committee shall be filled in the
30same manner as the original appointment. Three Assembly
31Members and three Senators who are members of the committee
32shall constitute a quorum for the conduct of committee business.
33Members of the committee shall receive no compensation for their
34work with the committee.
35(f) The committee shall meet not later than 30 days after the
36first day of the regular session to choose a chairperson and to
37 establish the schedule for eligible agency review provided for in
38the statutes governing the eligible agencies. The chairperson of
39the committee shall alternate every two years between a Member
40of the Senate and a Member of the Assembly, and the vice
P34 1chairperson of the committee shall be a member of the opposite
2house as the chairperson.
3(g) This section shall not be construed to change the existing
4jurisdiction of the budget or policy committees of the Legislature.
begin deleteQualified end delete
10patients, persons with valid identification cards, and the designated
11primary caregivers of qualified patients and persons with
12identification cards, who associate within the State of California
13in order collectively or cooperatively to cultivate
begin delete marijuanaend delete
14 for medical purposes, shall not solely on the basis of that
15fact be subject to state criminal sanctions under Section 11357,
1611358, 11359, 11360, 11366, 11366.5, or 11570.
Section 2220.05 of the Business and Professions
5Code is amended to read:
(a) In order to ensure that its resources are maximized
7for the protection of the public, the Medical Board of California
8shall prioritize its investigative and prosecutorial resources to
9ensure that physicians and surgeons representing the greatest threat
10of harm are identified and disciplined expeditiously. Cases
11involving any of the following allegations shall be handled on a
12priority basis, as follows, with the highest priority being given to
13cases in the first paragraph:
14(1) Gross negligence, incompetence, or repeated negligent acts
15that involve death or serious bodily injury to one or more patients,
16such that the physician and surgeon represents a danger to the
18(2) Drug or alcohol abuse by a physician and surgeon involving
19death or serious bodily injury to a patient.
20(3) Repeated acts of clearly excessive prescribing, furnishing,
21or administering of controlled substances, or repeated acts of
22prescribing, dispensing, or furnishing of controlled substances
23without a good faith prior examination of the patient and medical
24reason therefor. However, in no event shall a physician and surgeon
25prescribing, furnishing, or administering controlled substances for
26intractable pain consistent with lawful prescribing, including, but
27not limited to, Sections 725, 2241.5, and 2241.6 of this code and
28Sections 11159.2 and 124961 of the Health and Safety Code, be
29prosecuted for excessive prescribing and prompt review of the
30applicability of these provisions shall be made in any complaint
31that may implicate these provisions.
32(4) Repeated acts of clearly excessive recommending of cannabis
33to patients for medical purposes, or repeated acts of recommending
34cannabis to patients for medical purposes without a good faith
35prior examination of the patient and a medical reason for the
37(5) Sexual misconduct with one or more patients during a course
38of treatment or an examination.
39(6) Practicing medicine while under the influence of drugs or
P37 1(b) The board may by regulation prioritize cases involving an
2allegation of conduct that is not described in subdivision (a). Those
3cases prioritized by regulation shall not be assigned a priority equal
4to or higher than the priorities established in subdivision (a).
5(c) The Medical Board of California shall indicate in its annual
6report mandated by Section 2312 the number of temporary
7restraining orders, interim suspension orders, and disciplinary
8actions that are taken in each priority category specified in
9subdivisions (a) and (b).
This measure shall become operative only if Senate
11Bill 643 of the 2015-16 Regular Session is enacted and becomes