BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 1217         Hearing Date:    April 18,  
          2016
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          |Author:   |Stone                                                 |
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          |Version:  |April 12, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Mason                                           |
          |:         |                                                      |
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           Subject:  Healing arts:  reporting requirements:  professional  
                   liability resulting in death or personal injury


          SUMMARY:  Increases the dollar amount for judgement and settlement  
          information required to be kept in a licensee's central file by  
          the Board of Pharmacy (Board) and increases the dollar amount  
          for settlements that trigger mandatory reporting to the Board  
          about Board licensees.   

          Existing law:
          
          1) Requires health care licensing boards to create and maintain  
             a central file of the names of all persons who hold a  
             license, certificate, or similar authority.  Requires the  
             central file to be created and maintained to provide an  
             individual historical record for each licensee and must  
             include specified information including the following: any  
             conviction of a crime, any judgment or settlement in excess  
             of $3,000, any public complaints as specified, and any  
             disciplinary information, as specified.  States that the  
             content of the central file that is not public record under  
             any other provision of law is confidential.  Allows a  
             licensee to submit any exculpatory or explanatory statements  
             or other information to be included in the central file.   
             (BPC § 800)

          2) Establishes a number of mandatory reporting requirements to  
             health care licensing boards intended to inform boards about  







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             possible matters for investigation according to the  
             following:

             a)   Requires every insurer providing professional liability  
               insurance to a person who holds a license, certificate, or  
               similar authority from either the Board of Psychology,  
               Dental Hygiene Committee of California, State Board of  
               Chiropractic Examiners, Board of Registered Nursing, Board  
               of Vocational Nursing and Psychiatric Technicians of the  
               State of California, State Board of Optometry, Physical  
               Therapy Board of California, California State Board of  
               Pharmacy, Speech-Language Pathology and Audiology and  
               Hearing Aid Dispensers Board, California Board of  
               Occupational Therapy, Acupuncture Board, and Physician  
               Assistant Board to send a complete report to that board as  
               to any settlement or arbitration award over $3,000 of a  
               claim or action for damages for death or personal injury  
               caused by a licensee's negligence, error, or omission in  
               practice, or by his or her rendering of unauthorized  
               professional services but requires every insurer providing  
               professional liability insurance to a person licensed by  
               the Board of Behavioral Sciences (BBS), Dental Board of  
               California or Veterinary Medical Board of California to  
               send a report for any award over $10,000.  Specifies that  
               the report shall be sent within 30 days.  (BPC § 801)

             b)   Requires reporting of settlements over $30,000 and  
               arbitration awards or civil judgments of any amount to the  
               Medical Board of California (MBC), Osteopathic Medical  
               Board of California (OMBC), California Board of Podiatric  
               Medicine (BPM) and Physician Assistant Board (PAB).   
               Specifies the report must be filed within 30 days by either  
               the insurer providing professional liability insurance to  
               the licensee, the state or local government agency that  
               self-insures the licensee, the employer of the licensee, or  
               the licensee if not covered by professional liability  
               insurance and that failure to provide the report is a  
               public offense punishable by a fine of $500, not to exceed  
               $5,000.  (BPC § 801.01)

             c)   Requires every state or local government agency that  
               self-insures a licensee of a health care licensing board  
               above (except for licensees of the MBC, OMBC, BPM and PAB)  
               to report to that board any settlement or arbitration award  








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               over $3,000 of a claim or action for damages for death or  
               personal injury caused by a licensee's negligence, error,  
               or omission in practice, or by his or her rendering of  
               unauthorized professional services but requires a report to  
               BBS for awards over $10,000 for BBS licensees.  Specifies  
               the report must be filed within 30 days.  (BPC § 801.1)

             d)   Requires reporting to the health care licensing boards  
               above (except for licensees of the MBC, OMBC, BPM and PAB)  
               of any settlement, judgment or arbitration award over  
               $3,000 of a claim or action for damages for death or  
               personal injury caused by a licensee's negligence, error,  
               omission in practice or by his or her unauthorized  
               rendering of services for licensees who do not possess  
               professional liability insurance but requires a report to  
               BBS for awards over $10,000 for BBS licensees.  Specifies  
               the report must be filed within 
             30 days by the licensee or his or her counsel, with a copy  
               sent to the claimant or his or her counsel and that failure  
               to provide the report is a public offense punishable by a  
               fine of $500, not to exceed $50,000.  (BPC § 802)

             e)   Requires the clerk of a court that renders a judgment  
               that a licensee of a health care licensing board has  
               committed a crime, or is liable for any death or personal  
               injury resulting in a judgment of any amount caused by the  
               licensee's negligence, error, or omission in practice, or  
               his or her rendering of unauthorized professional services,  
               to report that judgment to the board within 10 days after  
               the judgment is entered.  The court clerk is also  
               responsible for reporting criminal convictions to a health  
               care licensing board.  (BPC §§ 803 and 803.5) 

          This bill:

          1) Raises the threshold from $3,000 to $10,000 for the central  
             file maintained by the Board for licensees to include any  
             judgment or settlement pursuant to BPC § 800.

          2) Raises the threshold from $3,000 to $10,000 for awards  
             required to be reported by a professional liability insurer  
             to the Board pursuant to BPC § 801 about a Board licensee.

          3) Raises the threshold from $3,000 to $10,000 for awards  








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             required to be reported by a state or local government agency  
             to the Board pursuant to BPC § 801.1 about a Board licensee.

          4) Raises the threshold from $3,000 to $10,000 for awards  
             required to be reported by a licensee or his or her counsel,  
             if the licensee does not possess professional liability  
             insurance, to the Board. 
          

          FISCAL  
          EFFECT:  Unknown.  This bill has been keyed "fiscal" by  
          Legislative Counsel. 

          
          COMMENTS:
          
          1. Purpose.  The  Author  is the Sponsor of this bill.  According  
             to the Author, "existing law contains an arbitrary  
             distinction between certain healing arts practices and others  
             with regards to their reporting requirements.  Licensed  
             professional clinical counselors, licensed dentists, and  
             licensed veterinarians among others have a $10,000 threshold  
             while licensed educational psychologists, licensed nurses,  
             and licensed pharmacists have a $3,000 threshold."  

          2. Background.  Current law requires all healing arts boards to  
             report information on settlements or arbitration awards.  The  
             BBS, the DBC, and the VMB must report those in excess of  
             $10,000; and the MBC, the OMBC, the BPM, and the PAB must  
             report information in amounts higher than $30,000.  All other  
             boards must report those above $3,000. 

              SB 158  (Peace, Chapter 5, Statutes of 1995), which increased  
             the reporting threshold for dentists from $3,000 to $10,000,  
             noted that the $3,000 figure was originally determined in  
             1975.  Legislative history for the original bill was not  
             provided by the Author's office, so it is unclear whether  
             that amount was indeed "arbitrary."  However, since that  
             time, there have been deliberate efforts to raise certain  
             reporting thresholds and not others.

             According to the Board, it received 674 reports for amounts  
             above $3,000 between 2011 and 2015.  Information is not  
             available for the average amount of these reports, nor what  








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             happened as a result of the information.  However, the  
             Board's Legislation and Regulation Committee considered, but  
             failed to take a support position, on this bill at its March  
             24, 2016 meeting.   
              
             Reports received pursuant to the Section 800 provisions  
             outlined above are used to launch disciplinary reviews.  It  
             is conceivable that, should this bill pass, certain offenses  
             may not rise to the Board's attention and future consumers  
             may be harmed.  While the $3,000 amount may appear dated and  
             arbitrary, it is urged that a more thorough review of current  
             practices and policies be conducted before reporting  
             requirements themselves are changed arbitrarily to ensure  
             consumer protection.         

          3. Prior Related Legislation.  SB 146  (Wyland, Chapter 381,  
             Statutes of 2011) added Licensed Professional Clinical  
             Counselors to the BBS reporting requirements. 
             
              SB 1548  (Figueroa, Chapter 467, Statutes of 2004) required  
             every insurer providing liability insurance to a licensed  
             veterinarian to send a complete report to VMB as to any  
             settlement or arbitration award over $10,000 for a claim or  
             action for damages for death or injury caused by that  
             person's negligence, error, or omission in practice, or of  
             rendering unauthorized professional service. 

              AB 103  (Figueroa, Chapter 359, Statutes of 1997) increased  
             reporting and dissemination of information about health care  
             providers regarding medical malpractice arbitration awards  
             and judgments and required specified information to be posted  
             on the Internet.

              SB 158  (Peace, Chapter 5, Statutes of 1995) raised the  
             reporting requirement from $3,000 to $10,000 for a  
             malpractice insurer to report to the DBC.  
          

          SUPPORT AND OPPOSITION:
          
           Support:   None on file as of April 12 2016.

           Opposition:   None on file as of April 12, 2016.









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