BILL NUMBER: AB 536	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 7, 2011

INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 16, 2011

    An act to amend Section 101.6 of the Business and
Professions Code, relating to the Department of Consumer Affairs.
  An act to add Section 2027.1 to the Business and
Professions Code, relating to physicians and surgeons. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 536, as amended, Ma.  Department of Consumer Affairs.
  Physicians   and   s  
urgeons.  
   Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Existing law requires the board to post certain
information on the Internet regarding licensed physicians and
surgeons, including, but not limited to, felony convictions, certain
misdemeanor convictions, and whether or not a licensee is in good
standing. Existing law requires that specified information remain
posted for 10 years and prohibits the removal of certain other
information.  
   This bill would require the board to remove expunged misdemeanor
or felony convictions posted pursuant to those provisions within 90
days of receiving a copy of the expungement order from the licensee.
 
   Existing law creates the Department of Consumer Affairs and
establishes the department's composition, and specifies that the
purpose of the boards, bureaus, and commissions within the department
is protection of the public.  
   This bill would make a nonsubstantive, technical change to the
provision specifying that purpose. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 2027.1 is added to the 
 Business and Professions Code   , to read:  
   2027.1.  Notwithstanding subdivision (b) of Section 2027, the
board shall remove an expunged misdemeanor or felony conviction
posted pursuant to Section 2027 within 90 days of receiving a copy of
the expungement order from the licensee.  
  SECTION 1.    Section 101.6 of the Business and
Professions Code is amended to read:
   101.6.  The boards, bureaus, and commissions in the department are
established for the purpose of ensuring that those private
businesses and professions deemed to engage in activities that have
potential impact upon the public health, safety, and welfare are
adequately regulated in order to protect the people of California.
   To this end, they establish minimum qualifications and levels of
competency and license persons desiring to engage in the occupations
they regulate upon determining that such persons possess the
requisite skills and qualifications necessary to provide safe and
effective services to the public, or register or otherwise certify
persons in order to identify practitioners and ensure performance
according to set and accepted professional standards. They provide a
means for redress of grievances by investigating allegations of
unprofessional conduct, incompetence, fraudulent action, or unlawful
activity brought to their attention by members of the public and
institute disciplinary action against persons licensed or registered
under the provisions of this code when such action is warranted. In
addition, they conduct periodic checks of licensees, registrants, or
otherwise certified persons in order to ensure compliance with the
relevant sections of this code.