BILL ANALYSIS
AB 245
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 245 (Ma) - As Amended: March 26, 2009
SUBJECT : Physicians and surgeons.
SUMMARY : Requires the Medical Board of California (MBC) to
verify information on licensed physicians and surgeons posted on
their Internet Web site. Specifically, this bill :
1)Requires the MBC to remove an expunged misdemeanor or felony
conviction within 30 days of receiving notice of the
expungement.
2)Requires the MBC to verify the accuracy of the information
posted regarding enforcement actions, as specified, as of
January 1, 2010, and must, by April 1, 2010, remove any
information that the MBC is unable to verify or discovers is
false.
3)Prohibits the MBC, on and after January 1, 2010, from posting
information unless it first verifies the accuracy of that
information.
4)Requires the MBC to ensure that the biographical information
posted on its Internet Web site about licensed physicians and
surgeons is accurate.
5)Requires the MBC to establish a process to address complaints
from licensed physicians and surgeons regarding inappropriate
information posted by the board.
6)Subjects the MBC to liability for damages incurred by a
licensed physician and surgeon as a result of the MBC's
failure to meet veracity requirements, as specified.
EXISTING LAW under the Medical Practice Act:
1)Provides for the licensure and regulation of physicians and
surgeons by the MBC.
2)Requires the MBC to post certain information on the Internet
regarding licensed physicians and surgeons, including, but not
AB 245
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limited to felony convictions, certain misdemeanor
convictions, and whether the licensees are in good standing.
3)Requires that certain information remain posted for 10 years
and prohibits the removal of certain other information.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Disclosure of information by the MBC to the general public
regarding physician conduct is an important public safeguard.
However, the MBC often publishes information that is
inaccurate?. When the public reads these reports on the MBC
website, they assume that the physician is guilty of the
behavior described. This is economically disastrous for the
physician and can disrupt the successfully delivery of health
care services.
"AB 245 would require the MBC to publish only material that has
been factually proven through its own investigation and final
adjudication."
Background . According to the MBC, many provisions of this bill
are already practiced, though not formalized in statute or
regulations. Although there is no timing requirement, the MBC
asserts that they do remove expunged misdemeanor or felony
convictions upon notification and verification. Similarly, the
MBC currently verifies all information prior to posting, and
removes information found incorrect when alerted.
Further, the MBC indicates that significant staff resources will
be required to verify the biographical information of their
125,000 physician and surgeons, as required by AB 245. The MBC
already encourages its licensees to check their own information;
the January 2009 newsletter recommended that licensees to check
their profile online and provided several ways to alert the MBC
to any changes.
The sponsors of this bill, the Union of American Physicians and
Dentists, affiliated with the American Federation for State,
County and Municipal Employees, AFL-CIO (AFSCME), claim that 31
physician members had false reports of medical discipline
transmitted to the board which caused damage to their careers.
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Arguments in support. According to the sponsor, "AFSCME has
always supported the right of the public to view information on
those individuals entrusted with services that directly affect
our health and lives. This bill will ensure that all
information on such critical and sensitive subjects is accurate,
complete and accessible."
This analysis does not comment on the liability issues imposed
on the MBC by this bill because that issue is within the
jurisdiction of the Assembly Judiciary Committee.
Double referred . This bill is double-referred to the Assembly
Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Union of American Physicians and Dentists
The American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301