BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2745|
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THIRD READING
Bill No: AB 2745
Author: Holden (D)
Amended: 4/25/16 in Assembly
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/13/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Jackson, Mendoza,
Wieckowski
NO VOTE RECORDED: Hernandez
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for
vote
SUBJECT: Healing arts: licensing and certification
SOURCE: Medical Board of California
DIGEST: This bill makes various changes to the Medical
Practice Act (Act).
ANALYSIS: Existing law provides for the licensure and
regulation of physicians and surgeons by the Medical Board of
California (MBC) pursuant to the Act. (Business and Professions
Code (BPC) § 2000 et. seq.)
This bill:
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1)Makes various changes to the Act intended to make clarifying
changes to the Act in order to assist MBC in its licensing and
enforcement functions. Specifically, MBC is responsible for
licensing and regulating allied health licensees, which
include Licensed Midwives, Polysomnographic Technologists,
Technicians and Trainees, and Research Psychoanalysts, however
there are some provisions that apply to physicians and
surgeons in the Act that MBC also applies to allied health
licensees and as such.
2)Clarifies MBC's authority to: revoke or deny a license for
registered sex offenders; take disciplinary action for
excessive use of drugs or alcohol; allow allied health
licensees to petition for license reinstatement; and allow MBC
to use probation as a disciplinary option for allied health
licensees, including procuring payment for the costs of
probation monitoring.
Background
Limited License (LL). MBC offers a LL to applicants or disabled
status licensees if they are otherwise eligible for licensure,
but unable to practice all aspects of medicine safely due to a
disability. Currently, only new licensees or disabled status
licensees can apply for this LL. To allow all licensees the
ability to apply for a LL at any time, this bill provides the
changes to law necessary so that the LL is an option for all
licensees. This bill also makes necessary changes to allow
physicians with a disabled status license to change to a LL.
Post graduate training authorization. Provisions in the Act
specify reasons MBC is authorized to deny a physician's and
surgeon's application for licensure. Amendments to the Act
contained in this bill clarify that MBC can deny a post graduate
training authorization letter for the same reasons it can deny a
physician's and surgeon's license application.
Obtaining records for a deceased patient. For investigations
involving the death of a patient, MBC is authorized to inspect
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Page 3
and copy the medical records of the deceased patient without the
approval of the next of kin of the deceased patient or court
order. MBC only uses this authority when determining whether
the death stemmed from violation of the Act by a physician or
surgeon. In these instances, MBC must provide a written request
to the physician that owns the records, declaring that MBC has
been unsuccessful in locating or contacting the patient's next
of kin after reasonable efforts. According to MBC, in many
cases, the patient's medical records do not reside with the
physician but rather at the facility where the care of the
deceased patient occurred. MBC notes that the language in this
bill will ensure that investigations are not hindered by
allowing MBC to send a written request to the facility where the
care actually occurred or where the records are truly located.
Allied health professions. MBC is responsible for licensing and
regulating allied health licensees, which include Licensed
Midwives, Polysomnographic Technologists, Technicians and
Trainees, and Research Psychoanalysts. Amendments to the Act in
this bill clarify MBC's enforcement authority for these
professions.
FISCAL EFFECT: Appropriation: Yes Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/3/16)
Medical Board of California (source)
The American Federation of State, County and Municipal Employees
OPPOSITION: (Verified8/3/16)
None received
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ARGUMENTS IN SUPPORT: The American Federation of State,
County and Municipal Employees notes that the organization
promotes clarity within the medical field and this bill will
ensure MBC's authority to perform their duties is clear. MBC
believes that this bill clarifies MBC's authority for allied
health licensees MBC licenses. According to MBC, this bill will
clean up existing law to ensure that MBC's authority to perform
its regulatory oversight of licensees is clearly defined and
aligned with the Act.
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by:Sarah Mason / B., P. & E.D. / (916) 651-4104
8/3/16 18:11:09
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