BILL ANALYSIS �
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THIRD READING
Bill No: AB 1267
Author: Halderman (R)
Amended: 6/30/11 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 8-0, 6/6/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Wyland
NO VOTE RECORDED: Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent) - See last page
for vote
SUBJECT : Medicine
SOURCE : Medical Board of California
DIGEST : This bill requires a physician and surgeons
certificate to be automatically placed on inactive status
during any period of incarceration after a misdemeanor
conviction.
ANALYSIS :
Existing law:
1. Establishes the Medical Practice Act, administered by
the Medical Board of California (MBC), to license and
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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/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/her
right to elect to have the issue of penalty heard, as
provided. (Business and Professions Code (BPC) Section
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subsequently withdrawn or dismissed.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 Section 2027)
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/her profession,
to maintain licensure or certification in a
nonpracticing status (BPC Section 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 Section 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
Section 702)
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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 Web site.
3. Requires any physician and surgeon's certificate subject
to #1 above, be returned by MBC to its prior or
appropriate status within five business days of
receiving notice that the physician and surgeon is no
longer incarcerated.
4. Requires MBC to adopt regulations that specify the type
of notice required to be submitted.
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 MBC's Internet Web site. 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 Web site, 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 MBC 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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/27/11)
Medical Board of California (source)
ARGUMENTS IN SUPPORT : According to the Medical Board of
California (MBC), the bill's sponsor, there is nothing that
currently prohibits physicians and surgeons who are
incarcerated for misdemeanors from practicing medicine
while incarcerated. 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's office 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 addresses the inherent conflict of interest in
prescribing drugs and performing other medical services
while incarcerated.
ASSEMBLY FLOOR : 70-0, 5/12/11 (Consent)
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng,
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Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Silva, Skinner, Smyth, Solorio,
Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell,
Roger Hern�ndez, Bonnie Lowenthal, Mitchell, Portantino,
Torres
JJA:mw 6/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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