BILL ANALYSIS �
AB 536
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 536 (Ma) - As Amended: April 11, 2011
SUBJECT : Physicians and surgeons.
SUMMARY : Requires the Medical Board of California (MBC) to
remove expunged misdemeanor or felony convictions, from their
Web site, within 90 days of receiving a certified copy of the
expungement order from the licensee.
EXISTING LAW
1)Provides for the licensure and regulation of physicians and
surgeons by MBC under the Medical Practice Act.
2)Requires MBC 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.
3)Requires that specified 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, "AB 536
would require the MBC to remove from its public website any
expunged misdemeanors or felony convictions within 90 days of
receiving the expungement.
"This 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
such as criminal misdemeanors for felony convictions that have
been legally expunged. This is economically disastrous for the
physician and can disrupt the successful delivery of health care
services."
AB 536
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Background . California, like most states, permits certain
offenders to expunge their criminal records. California Penal
Code Section 1203.4 provides the most common expungement relief.
Under this section, an individual granted relief is released
from penalties and disabilities resulting from conviction in any
case in which the person has successfully completed probation.
The individual may, for some purposes, treat the arrest and all
subsequent proceedings as though they never occurred.
Technically, what occurs when an individual expunges his record
is his conviction or guilty plea is set aside by a judge, a plea
of not-guilty is entered, and the conviction is dismissed. The
statute allows misdemeanor and felony convictions to be expunged
if the defendant was only given a sentence of probation, rather
than state imprisonment.
This bill is identical to AB 245 (Ma) of 2009, which was vetoed.
In his veto message, the governor stated, "This bill reduces
transparency for consumers. An expunged misdemeanor or felony
conviction does not mean a healthcare provider has been found
innocent of the crime or that the provider has been successfully
rehabilitated. Consumers deserve to know whether their provider
has been convicted of a misdemeanor or felony and should be
allowed to review the physician's criminal history in its
entirety. The law must always place consumer protection above
the protection of a provider's economic interest. I continue to
put consumers first."
MBC's Web site . The MBC posts the following information on
their Web site:
1)If a physician has been disciplined or formally accused of
wrongdoing by MBC;
2)If a physician's practice has been temporarily restricted or
suspended pursuant to a court order;
3)If a physician has been disciplined by a medical board of
another state or federal government agency;
4)If a physician has been convicted of a felony reported to MBC
after January 3, 1991;
5)If a physician has been convicted of a misdemeanor after
January 1, 2007 that results in a disciplinary action or an
accusation being filed by MBC, and the accusation is not
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subsequently withdrawn or dismissed;
6)If a physician has been issued a citation for a minor
violation of the law by MBC within the last five years. This
is not considered disciplinary action;
7)If a physician has been issued a public letter of reprimand at
time of licensure. This is not considered disciplinary action;
8)Any hospital disciplinary actions that resulted in the
termination or revocation of the physician's privileges to
provide health care services at a health care facility for a
medical disciplinary cause or reason reported to MBC after
January 1, 1995;
9)After January 1, 1998, all malpractice judgments and
arbitration awards (between January 1, 1993 and January 1,
1998, only those malpractice judgments and arbitration awards
more than $30,000 were required to be reported to MBC); and,
10)After January 1, 2003, malpractice settlements over $30,000
that meet the following criteria:
a) Four or more in a 10-year period (beginning 1/1/03) if
the physician practices in a high-risk specialty
(obstetrics, orthopedic surgery, plastic surgery and
neurological surgery)
b) Three or more in a 10-year period (beginning 1/1/03) if
the physician practices in a low-risk specialty (all other
specialties)
The MBC does not post the following information:
1)Complaints made to MBC;
2)Investigations conducted by MBC;
3)Misdemeanor convictions that occurred prior to January 1,
2007;
4)Misdemeanor convictions that occurred after January 1, 2007
that did not result in a disciplinary action or an accusation
being filed by MBC; and,
5)Some medical malpractice information, such as pending or
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dismissed cases.
Support . AFSCME writes in support, "AB 536 will increase the
transparency of licensure and regulation of physicians and
surgeons in mandating that their provider information be
accurate and current on the MBC's website. This bill operates
on the 'right to information' standard, and its goal is to see
this critical information provided accurately and in a timely
manner to the public. AB 536 would make available to the
general public documents and other materials related to
physicians' and surgeons' medical history via the internet.
Furnishing the California public with this information is
crucial to their ability to make educated decisions about their
own healthcare."
Previous legislation . AB 245 (Ma) of 2009, requires MBC to
remove an expunged misdemeanor or felony conviction within 90
days of receiving a copy of the expungement order.
REGISTERED SUPPORT / OPPOSITION :
Support
Union of American Physicians and Dentists (sponsor)
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301