BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 536|
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THIRD READING
Bill No: AB 536
Author: Ma (D)
Amended: 6/14/11 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 6/20/11
AYES: Price, Emmerson, Corbett, Hernandez, Negrete McLeod,
Vargas, Walters, Wyland
NO VOTE RECORDED: Correa
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 66-6, 5/12/11 - See last page for vote
SUBJECT : Physicians and surgeons
SOURCE : Union of American Physicians and Dentists
DIGEST : This bill requires the Medical Board of
California (MBC), upon receipt of a certified copy of an
expungement order from a licensee, to post notification of
the expungement order and the date of the expungement on
MBC's Internet Web site within six months.
ANALYSIS :
Existing law :
1. Requires the MBC, along with other specified health care
licensing boards, to create and maintain a central file
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of the names of all persons who hold a license,
certificate, or similar authority. Requires the central
file to be created and maintained to provide an
individual historical record for each licensee and must
include specified information including the following:
any conviction of a crime, any judgment or settlement in
excess of $3,000, any public complaints as specified,
and any disciplinary information, as specified.
2. States that the content of the central file that is not
public record under any other provision of law is
confidential and allows a licensee to submit any
exculpatory or explanatory statements or other
information to be included in the central file.
3. Requires the MBC to post on the Internet specified
information regarding licensed physicians, including
information relating to the following:
A. Status of a license, whether or not a licensee
is in good standing, as specified.
B. Prior discipline, as specified.
C. Any felony convictions reported to the MBC after
January 3, 1991.
D. All current accusations filed by the Attorney
General.
E. Any malpractice judgment or arbitration award
reported to the MBC on or after January 1, 1993.
F. Any hospital disciplinary actions that resulted
in the termination or revocation of a licensee's
hospital staff privileges for a medical
disciplinary cause or reason.
G. Any misdemeanor conviction that results in a
disciplinary action or an accusation that is not
subsequently withdrawn or dismissed.
H. Appropriate disclaimers and explanatory
statements to accompany the above information,
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including an explanation of what types of
information are not disclosed.
I. States that the disclaimers and statements be
developed by the MBC and adopted by regulation.
J. Any enforcement action taken against a licensee
including temporary restraining orders, interim
suspension orders, civil judgments and all
settlements.
4. Specifies what information may be posted on MBC's
Internet Web site for a period of ten years, including
all information on the status of a license. States that
information relating to all felony convictions and any
hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff
privileges for a medical disciplinary cause or reason
shall not be removed from posting on the MBC's Internet
Web site.
5. Provides that in any case in which a defendant has
fulfilled the conditions of probation for the entire
period of probation, or has been discharged prior to the
termination of the period of probation, or in any other
case in which a court, in its discretion and in the
interest of justice, determines that a defendant should
be granted a relief, as specified, the defendant shall,
at any time after the termination of the period of
probation, if he/she is not then serving a sentence for
any offense, on probation for any offense, or charged
with the commission of any offense, be permitted by the
court to withdraw his/her plea of guilty or plea of nolo
contendere and enter a plea of not guilty, or if he/she
has convicted after a plea of not guilty, the court
shall set aside the verdict of guilty, and the court
shall dismiss the accusations or information against the
defendant, as specified, and shall be released from all
penalties and disabilities resulting from the offense of
which he/she has been convicted.
This bill requires the MBC, upon receipt of a certified
copy of an expungement order from a licensee, to post
notification of the expungement order and the date of the
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expungement on MBC's Internet Web site within six months.
Comments
Posting of Information on the MBC Internet Web site . AB
103 (Figueroa), Chapter 359, Statutes of 1997, requires the
MBC to post on the Internet specified information regarding
physicians and surgeons. The information to be posted
includes information on the status of the license, prior
discipline, all current accusations filed by the Attorney
General, felony convictions, any hospital disciplinary
actions, and misdemeanor convictions that result in a
disciplinary action or an accusation that is not
subsequently withdrawn or dismissed. Most of the
information that is required to be disclosed is posted on
the Internet Web site for a period of 10 years except for
felony convictions and hospital disciplinary actions. This
bill, for specified misdemeanor convictions that are posted
on the Internet, requires the MBC, upon receipt of a
certified copy of an expungement order from a licensee, to
also post a notification of the expungement order and the
date of the expungement.
Expungement of Records . The Penal Code allows misdemeanor
and felony convictions to be expunged if the defendant was
only given a sentence of probation, rather than state
imprisonment. Under the Penal Code, if a defendant has
fulfilled the conditions of probation, or has been
discharged from probation, and if the court determines that
a relief should be granted, the defendant at any time after
the termination of the period of probation, if he/she is
not serving a sentence for any offense, as specified, is
authorized to withdraw his/her plea of guilty or plea of
nolo contendere and enter a plea of not guilty. In such
instance, the court sets aside the verdict of guilty and
dismisses the accusations or information against the
defendant and releases the defendant from all penalties and
disabilities resulting from the offense of which he/she has
been convicted.
However, in any subsequent prosecution of the defendant for
any other offense, the prior conviction may be pleaded and
proved and shall have the same effect as if probation had
not been granted or the accusation or information
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dismissed. The order shall state, and the probationer
shall be informed, that the order does not relieve a person
from the obligation to disclose the conviction in response
to any direct question contained in any questionnaire or
application for public office, for licensure by any state
or local agency, as specified. As such, even if this bill
becomes law, a licensee of the MBC, the Osteopathic Medical
Board and the California Board of Podiatric Medicine must
disclose the conviction for purposes of licensure.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/11/11)
Union of American Physicians and Dentists (source)
American Federation of State, County and Municipal
Employees
California Medical Association
OPPOSITION : (Verified 7/11/11)
Center for Public Interest Law
Medical Board of California
ARGUMENTS IN SUPPORT : According to the Union of American
Physicians and Dentists, the sponsor of this bill, "the
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 or felony
convictions that have been legally expunged. This is
economically disastrous for the physician and can disrupt
the successful delivery of health care services."
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Gatto, Gordon, Grove, Halderman, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
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Knight, Lara, Bonnie Lowenthal, Mendoza, Mitchell,
Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V.
Manuel P�rez, Silva, Skinner, Smyth, Solorio, Swanson,
Valadao, Wagner, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Conway, Donnelly, Hagman, Harkey, Logue, Morrell
NO VOTE RECORDED: Cedillo, Garrick, Gorell, Ma, Mansoor,
Miller, Portantino, Torres
JJA:do 7/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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