BILL ANALYSIS �
AB 536
Page 1
ASSEMBLY THIRD READING
AB 536 (Ma)
As Amended April 11, 2011
Majority vote
BUSINESS & PROFESSIONS 8-1APPROPRIATIONS 14-3
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Blumenfield, |
| |Allen, Butler, Eng, Hill, | |Bradford, Charles |
| |Ma, Smyth | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Norby, Solorio, |
| | | |Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman |Nays:|Harkey, Donnelly, Nielsen |
| | | | |
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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 : According to the Assembly Appropriations
Committee, minor absorbable costs to MBC to update their Web
site upon receipt of expungement certificates.
COMMENTS : 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.
AB 536
Page 2
"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."
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.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN:
0000515