BILL ANALYSIS �
AB 1267
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1267 (Halderman) - As Amended: April 12, 2011
SUBJECT : Physicians and surgeons: certificate.
SUMMARY : Requires a physician and surgeon's certificate to be
automatically placed on inactive status during any period of
time that the certificate holder is incarcerated after
conviction of a misdemeanor, and requires the reason for this
inactive status to be disclosed on the Internet Web site of the
Medical Board of California (Board).
EXISTING LAW
1)Under the Medical Practice Act, provides for the licensure and
regulation of physicians and surgeons by the Board within the
Department of Consumer Affairs (DCA).
2)Provides for an inactive license status for licensees of the
healing arts boards within DCA.
3)Requires the certificate of a physician and surgeon to be
suspended automatically during any time that the holder of the
certificate is incarcerated after conviction of a felony,
regardless of whether the conviction has been appealed.
4)Requires the Board to post on its Internet Web site specified
information regarding licensed physicians and surgeons.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Currently, there is nothing prohibiting physicians incarcerated
for misdemeanors from practicing medicine while incarcerated.
The Board fundamentally believes that physicians should not be
practicing medicine while incarcerated. The Board believes this
bill will protect consumers in California by not allowing
physicians that are incarcerated to practice medicine and by
allowing for greater transparency by providing this information
AB 1267
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on the Board's Web site."
Background . Current law requires the license of a physician or
surgeon to be suspended automatically during any time that the
physician or surgeon is incarcerated after conviction of a
felony.
Current law also requires the Board to post on the Internet
specified information regarding licensed physicians and
surgeons, such as license status, disciplinary actions,
malpractice judgments or arbitrations, felony convictions, and
misdemeanor convictions that result in a disciplinary action or
an accusation that is not subsequently withdrawn or dismissed.
In compliance, the Board maintains on its Web site a License
Lookup System that allows consumers to search the Board's
database to obtain the specified information.
The Board has become concerned with the ability of physicians to
continue practicing while incarcerated for a misdemeanor. In
one case example, a physician charged for battery and specified
sex acts was convicted of a misdemeanor and sentenced to 36
months of probation requiring 120 days in jail and registration
as a sex offender. The initial charge/arrest in the case
involved the physician's conduct with a patient. While the
Board is pursuing revocation of the license, current law allowed
the licensee to continue practicing medicine.
In another case, a physician convicted of misdemeanor battery
was sentenced to 36 months of probation and prohibited from
being alone with any female other than a spouse or family
member. No restrictions are in place other than those imposed
by the court.
In a third example, a physician was arrested for excessive
prescribing and for prescribing to an addict. While in jail
after the arrest, the physician continued to prescribe
controlled substances to jail personnel and inmates. Jail
personnel contacted the Board and the physician agreed to
surrender his license. There is no public record of the
physician's actions while incarcerated.
This bill requires a physician and surgeon's license to be
automatically placed on inactive status while the licensee is
incarcerated after conviction of a misdemeanor, and requires the
reason for this inactive status to be disclosed on the Board's
AB 1267
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Web site. This is a less severe step than suspending the
license, as is required for felony convictions, but still
provides the consumer protections the Board seeks because an
inactive license holder is not allowed to practice medicine.
REGISTERED SUPPORT / OPPOSITION :
Support
Medical Board of California (sponsor)
Opposition
None on file.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301