BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 245
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                     AB 245 (Ma) - As Amended:  April 27, 2009  

          Policy Committee:                              Business &  
          Professions  Vote:                            9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Medical Board of California (MBC) to  
          validate, update, and edit personal and criminal record  
          information posted on the MBC website related to all 125,000  
          physicians licensed statewide. Prohibits the MBC from posting  
          information online after January 1, 2010 unless it first  
          verifies the accuracy of that information.  Specifically, this  
          bill requires the MBC to:

          1)Remove an expunged misdemeanor or felony conviction within 30  
            days of receiving notice of the action.

          2)Verify the accuracy of the information posted regarding  
            enforcement actions.

          3)Ensure the biographical information posted on the web site  
            about licensed physicians and surgeons is accurate.

          4)Establish a process to address complaints from licensed  
            physicians and surgeons regarding inappropriate information  
            posted by the MBC.

           FISCAL EFFECT  

          Annual fee-supported special fund costs of $1.3 million to  
          support the MBC staffing and follow-up needed to meet the  
          requirements of this bill. It is unclear how the MBC would meet  
          the requirements of this bill by January 1, 2010.  

           COMMENTS  

           1)Rationale  . This bill is co-sponsored by the Union of American  
            Physicians and Dentists and the American Federal for State,  
            County, and Municipal Employees (AFSCME). According to the  





                                                                  AB 245
                                                                  Page  2

            author and sponsor, the MBC sometimes publishes information on  
            licensees that is inaccurate and may contain unsubstantiated  
            reports of criminal misdemeanors that have been legally  
            expunged and accusations that are currently under  
            investigation. Such misreports may harm professionals in their  
            medical career. This bill requires MBC to validate and verify  
            personal, demographic, and criminal background data an update  
            it online to ensure the accuracy of posted information. 

           2)Related Legislation  . AB 103 (Figeroa), Chapter 359, Statutes  
            of 1998 established online reporting requirements by the MBC  
            about licensees. 
           
          Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081