BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 536
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 536 (Ma) - As Amended:  April 11, 2011 

          Policy Committee:                              Business and 
          Professions  Vote:                            8-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill 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.

           FISCAL EFFECT  

          Minor absorbable costs to MBC to update their website upon 
          receipt of expungement certificates.  

           COMMENTS  

           1)Rationale  .  According to the author, the MBC often publishes 
            information that is inaccurate such as criminal misdemeanors 
            for felony convictions that have been legally expunged.  The 
            author states this is economically disastrous for the 
            physician and can disrupt the successful delivery of health 
            care services.

           2)License Lookup System  .  The MBC currently maintains a publicly 
            accessible website where individuals can access information 
            about a doctor through an inquiry system, including a 
            physician's license status, their medical education, and 
            certain self-reported data, as well as a variety of public 
            actions such as disciplinary actions, felony and misdemeanor 
            convictions, and malpractice settlements or judgments. 
            Currently,  the website directs the public to contact the 
            court to see if a conviction for a felony or misdemeanor has 
            been expunged or dismissed.  This bill would require the 
            record of a conviction to be removed if the conviction was 








                                                                  AB 536
                                                                  Page  2

            expunged.

           3)Related Legislation  . AB 245 (Ma) of 2009, required MBC to 
            remove an expunged misdemeanor or felony conviction within 90 
            days of receiving a copy of the expungement order. The bill 
            was vetoed, with a veto message indicating that 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.


           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081