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 ----------------------------------------------------------------- |Author: |Stone | |----------+------------------------------------------------------| |Version: |April 12, 2016 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Mason | |: | | ----------------------------------------------------------------- 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 SB 1217 (Stone) Page 2 of ? 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 SB 1217 (Stone) Page 3 of ? 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 SB 1217 (Stone) Page 4 of ? 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 SB 1217 (Stone) Page 5 of ? 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. SB 1217 (Stone) Page 6 of ? -- END --