BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
58 (Aanestad)
Hearing Date: 5/11/2009 Amended: 4/22/2009
Consultant: Bob Franzoia Policy Vote: B,P&ED 7-0
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BILL SUMMARY: SB 58 would do the following:
- Require peer review bodies to annually report to the Medical
Board of California (MBC) on their peer review activities
involving licensees of the board and to comply with MBC
information requests.
- Require peer review bodies to administer an early detection
and resolution program (EDR) in which a peer review body would,
where it deems appropriate, allow a physician or surgeon to
complete certain training, observation, or consultation
requirements instead of being subject to disciplinary action and
an "805 report."
- Require the MBC to include statements submitted by licensees
regarding 805 reports, prohibit the MBC from including certain
summary suspension information in a licensee's central file,
prohibit the MBC from reporting or posting, and require removal
of certain information if a court reverses a disciplinary action
or if an MBC investigation exonerates the licensee from the
charges.
- Require the MBC to adopt and administer standards allowing a
physician and surgeon to receive credit for up to ten hours of
continuing education each year for participating in a peer
review body without compensation.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
MBC investigations Up to $125 Up to $250 Up to $250Special*
* Contingent Fund of the Medical Board of California
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
If a peer review body initiates a formal investigation into a
physician's ability to practice medicine safety due to a mental
or physician condition, it must, within 15 days, file a report
notifying the MBC of the name of the physician and the general
nature of the compliant.
This bill provides the MBC shall not disclose (allow access to)
a copy of a report made pursuant to Section 805 (e), regarding
the imposition of a summary suspension of staff privileges,
membership, or employment, unless the MBC confirms, by
independent investigation that the suspension is supported by
substantial evidence of risk to patients.
With the above provision, the MBC would have to confirm
independent investigation information or be prohibited from
including summary suspension information in a licensee's central
file. The MBC does not verify what is provided from hospitals,
instead
the MBC conducts its own investigations based upon the
provisions of the Medical
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SB 58 (Aanestad)
Injury Compensation Reform Act and determines its own
discipline.
Preliminary information indicates that to expedite disclosure of
information that is currently not public, the MBC would need one
full time investigator (estimated $100,000 annually) and one
full time Deputy Attorney General (estimated $150,000 annually)
to enforce this provision.