BILL NUMBER: AB 2571	CHAPTERED  08/31/00

	CHAPTER   269
	FILED WITH SECRETARY OF STATE   AUGUST 31, 2000
	APPROVED BY GOVERNOR   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   MAY 3, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000

INTRODUCED BY   Assembly Member Campbell

                        FEBRUARY 25, 2000

   An act to amend Section 2230.5 of the Business and Professions
Code, relating to the healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2571, Campbell.  Healing arts:  disciplinary actions.
   The Medical Practice Act provides for disciplinary action to be
taken against licensees for unprofessional conduct, which includes
incompetence, gross negligence, and repeated negligent acts by the
licensee.  Under existing law, a hearing to determine whether a
license shall be revoked, suspended, limited, or conditioned is
initiated by filing an accusation, which is a written statement of
charges, in an administrative adjudication action.  Existing law
requires that the accusation be filed within a specified time period,
unless an exception is made to this time limitation.
   This bill would except from the requirement that an accusation be
filed within a specified time period an accusation alleging
unprofessional conduct based on incompetence, gross negligence, or
repeated negligent acts of the licensee upon proof that the licensee
intentionally concealed from discovery his or her incompetence ,
gross negligence, or repeated negligent acts.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 2230.5 of the Business and Professions Code is
amended to read:
   2230.5.  (a) Except as provided in subdivisions (b) and (c), any
accusation filed against a licensee pursuant to Section 11503 of the
Government Code shall be filed within three years after the board, or
a division thereof, discovers the act or omission alleged as the
ground for disciplinary action, or within seven years after the act
or omission alleged as the ground for disciplinary action occurs,
whichever occurs first.
   (b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging the procurement of a license by
fraud or misrepresentation is not subject to the limitation provided
for by subdivision (a).
   (c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation provided for by subdivision
(a) upon proof that the licensee intentionally concealed from
discovery his or her incompetence, gross negligence, or repeated
negligent acts.