BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           58 (Aanestad)
          
          Hearing Date:  5/28/2009        Amended: 5/21/2009
          Consultant:  Bob Franzoia       Policy Vote: B,P&ED 7-0
          _________________________________________________________________ 
          ____
          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  
          exonerating 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.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions        2009-10      2010-11       2011-12     Fund
           Noticing of the reversal of       Up to $75   Up to $150Up to  
          $150                   Special*   
          a disciplinary action
                                                        
          * Contingent Fund of the Medical Board of California
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 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 nature of  
          the compliant.

          As amended on 5/21/2009, this bill would:
          - Require the MBC to include a summary of peer review reports in  
          the report submitted to the Joint Committee on Boards,  
          Commissions, and Consumer Protection.
          - Require the MBC, if a court finds that the peer review  
          resulting in the 805 report was conducted in bad faith and the  
          licensee who is the subject of the report notifies the MBC of  
          that finding, to include that finding in the licensee's central  
          file.
          - Prohibit the MBC from reporting certain information if a court  
          reverses a disciplinary action and the licensee notifies the MBC  
          of that reversal, and requires the MBC to also notify members of  
          the public and health care entities, to whom the MBC previously  
          disclosed the disciplinary information, of the reversal.