BILL NUMBER: AB 1267	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Halderman

                        FEBRUARY 18, 2011

   An act to  amend Section 2236.1 of   add
Section 2236.2 to  the Business and Professions Code, relating
to medicine.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1267, as amended, Halderman. Physicians and surgeons:
certificate.
   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 that a physician and surgeon's
certificate be suspended automatically when the holder of the
certificate is incarcerated after a felony conviction.
   This bill would  additionally require that suspension when
the holder of the certificate is incarcerated after a misdemeanor
conviction. The bill would make other conforming and nonsubstantive,
technical changes.   require that a physician and
surgeon's certificate be automatically placed on inactive status
during any period of incarceration after a misdemeanor conviction.
The bill would require the reason for this type of inactive status to
be   disclosed, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 2236.2 is added to the 
 Business and Professions Code   , to read:  
   2236.2.  (a) Notwithstanding Article 9 (commencing with Section
700) of Chapter 1 of Division 2 or any other provision of law, a
physician and surgeon's certificate shall be automatically placed on
inactive status during any period of time that the holder of the
certificate is incarcerated after conviction of a misdemeanor.
   (b) The reason for the inactive status described in subdivision
(a) shall be disclosed on the board's Internet Web site. 

  SECTION 1.    Section 2236.1 of the Business and
Professions Code is amended to read:
   2236.1.  (a) A physician and surgeon's certificate shall be
suspended automatically during any time that the holder of the
certificate is incarcerated after conviction of a felony or
misdemeanor, regardless of whether the conviction has been appealed.
The board shall, immediately upon receipt of the certified copy of
the record of conviction, determine whether the certificate of the
physician and surgeon has been automatically suspended by virtue of
his or her incarceration, and if so, the duration of that suspension.
The board shall notify the physician and surgeon of the license
suspension and of his or her right to elect to have the issue of
penalty heard as provided in this section.
   (b) Upon receipt of the certified copy of the record of
conviction, if after a hearing it is determined therefrom that the
felony or misdemeanor of which the licensee was convicted was
substantially related to the qualifications, functions, or duties of
a physician and surgeon, the board shall suspend the license until
the time for appeal has elapsed, if no appeal has been taken, or
until the judgment of conviction has been affirmed on appeal or has
otherwise become final, and until further order of the board. The
issue of substantial relationship shall be heard by an administrative
law judge from the Medical Quality Hearing Panel sitting alone or
with a panel of the board, in the discretion of the board.
   (c) Notwithstanding subdivision (b), a conviction of any crime
referred to in Section 2237, or a conviction of Section 187, 261,
262, or 288 of the Penal Code, shall be conclusively presumed to be
substantially related to the qualifications, functions, or duties of
a physician and surgeon and no hearing shall be held on this issue.
Upon its own motion or for good cause shown, the board may decline to
impose or may set aside the suspension when it appears to be in the
interest of justice to do so, with due regard to maintaining the
integrity of and confidence in the medical profession.
   (d) (1) Discipline may be ordered in accordance with Section 2227,
or the board may order the denial of the license when the time for
appeal has elapsed, the judgment of conviction has been affirmed on
appeal, or an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code allowing the person to withdraw his
or her plea of guilty and to enter a plea of not guilty, setting
aside the verdict of guilty, or dismissing the accusation, complaint,
information, or indictment.
   (2) The issue of penalty shall be heard by an administrative law
judge from the Medical Quality Hearing Panel sitting alone or with a
panel of the board, in the discretion of the board. The hearing shall
not be had until the judgment of conviction has become final or,
irrespective of a subsequent order under Section 1203.4 of the Penal
Code, an order granting probation has been made suspending the
imposition of sentence; except that a licensee may, at his or her
option, elect to have the issue of penalty decided before those time
periods have elapsed. Where the licensee so elects, the issue of
penalty shall be heard in the manner described in this section at the
hearing to determine whether the conviction was substantially
related to the qualifications, functions, or duties of a physician
and surgeon. If the conviction of a licensee who has made this
election is overturned on appeal, any discipline ordered pursuant to
this section shall automatically cease. Nothing in this subdivision
shall prohibit the board from pursuing disciplinary action based on
any cause other than the overturned conviction.
   (e) The record of the proceedings resulting in the conviction,
including a transcript of the testimony therein, may be received in
evidence.
   (f) The other provisions of this article setting forth a procedure
for the suspension or revocation of a physician and surgeon's
certificate shall not apply to proceedings conducted pursuant to this
section.