BILL ANALYSIS �
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|Hearing Date:June 6, 2011 |Bill No:AB |
| |1267 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Curren D. Price, Jr., Chair
Bill No: AB 1267Author:Halderman
As Amended:April 12, 2011 Fiscal:Yes
SUBJECT: Medicine.
SUMMARY: Requires a physician and surgeon's certificate to be
automatically placed on inactive status during any period of
incarceration after a misdemeanor conviction.
Existing law:
1) Establishes the Medical Practice Act, administered by the Medical
Board of California (MBC), to license and regulate the practice of
physicians and surgeons.
2) Requires the automatic suspension of a physician and surgeon's
certificate during any time that the holder of the certificate is
incarcerated after conviction of a felony, regardless of whether
the conviction has been appealed. Requires the MBC, immediately
upon receipt of the certified copy of the record of conviction, to
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. Requires the MBC to
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. (Business & Professions Code (BPC) � 2236.1)
3) Requires the MBC to disclose on the Internet specified information
in its possession, custody, or control regarding licensed
physicians and surgeons, including: any felony convictions reported
to the MBC after January 3, 1991; or, any misdemeanor conviction
that results in a disciplinary action or an accusation that is not
subsequently withdrawn or dismissed. (BPC � 2027)
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4) Establishes the intent of the Legislature to establish an inactive
category of health professionals' licensure. Indicates that
inactive licenses or certificates are intended to allow a person
who has a certificate or license in one of the healing arts, but
who is not actively engaged in the practice of his or her
profession, to maintain licensure or certification in a
nonpracticing status (BPC � 700). Requires each healing arts
board, as specified, to issue, upon application and payment of the
normal renewal fee, an inactive license or certificate to a current
holder of an active license or certificate whose license or
certificate is not suspended, revoked, or otherwise punitively
restricted by that board (BPC � 701). Prohibits a holder of an
inactive healing arts license or certificate from engaging in any
activity for which an active license or certificate is required.
(BPC � 702)
This bill:
1) Requires, notwithstanding any other provision of law, a physician
and surgeon's certificate to be automatically placed on inactive
status during any period of time that the holder of the certificate
is incarcerated after conviction of a misdemeanor.
2) Requires the reason for the inactive status, described in #1)
above, to be disclosed on MBC's Internet Website.
FISCAL EFFECT: According to the Assembly Appropriations Committee,
negligible state fiscal impact.
COMMENTS:
1. Purpose. The Medical Board of California is the Sponsor of this
measure. According to the MBC, there is nothing that currently
prohibits physicians and surgeons who are incarcerated for
misdemeanors from practicing medicine while incarcerated. The MBC
believes that physicians should not be practicing medicine while
incarcerated, and that consumers have a right to know if their
physician is incarcerated. MBC points out that this bill will
protect California consumers by not allowing physicians and
surgeons who are incarcerated to practice medicine, and by allowing
for greater transparency by providing this information on the MBC's
Internet Website. Additionally, the Author points out that a real
problem exists when a physician is able to practice medicine from
behind bars, especially as it pertains to their ability to write
prescriptions. Inactivating the physician's license effectively
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addresses the inherent conflict of interest in prescribing drugs
and performing other medical services while incarcerated.
2. Background. The Medical Practice Act provides for the automatic
suspension of a physician and surgeon's certificate during any time
that a physician and surgeon is incarcerated after the conviction
of a felony, regardless of whether the conviction has been
appealed. This felony conviction is disclosed on the MBC's
Internet Website. Although misdemeanor convictions that result in
a disciplinary action or an accusation that is not subsequently
withdrawn or dismissed are posted on MBC's Internet Website, the
MBC indicates it 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 MBC and the physician agreed to surrender his license. There
is no public record of the physician's actions while incarcerated.
This bill would automatically place a physician and surgeon who is
incarcerated for a misdemeanor on inactive status for the duration
of the incarceration and allow disclosure of the reason for the
inactive status on the board's Internet Website.
SUPPORT AND OPPOSITION:
Support:
Medical Board of California (sponsor)
Opposition:
None on file as of May 31, 2011
AB 1267
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Consultant:Rosielyn Pulmano