BILL ANALYSIS                                                                                                                                                                                                    �



                                                                 AB 1267
                                                                 Page  1

         CONCURRENCE IN SENATE AMENDMENTS
         AB 1267 (Halderman)
         As Amended  June 30, 2011
         Majority vote
          
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         |ASSEMBLY:  |70-0 |(May 12, 2011)   |SENATE: |39-0 |(July 5, 2011)  |
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          Original Committee Reference:    B.,P. & C.P.

         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 (MBC).  Also requires a certificate placed on inactive 
         status pursuant to this bill to be returned by the MBC to its prior 
         or appropriate status within five business days of receiving notice, 
         as specified by the MBC via regulations, that the physician and 
         surgeon is no longer incarcerated.

          The Senate amendments  require a certificate placed on inactive 
         status pursuant to this bill to be returned by the MBC to its prior 
         or appropriate status within five business days of receiving notice, 
         as specified by the MBC via regulations, that the physician and 
         surgeon is no longer incarcerated.

          EXISTING LAW  :

         1)Provides, under the Medical Practice Act, for the licensure and 
           regulation of physicians and surgeons by the MBC 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 MBC to post on its Internet Web site specified 
           information regarding licensed physicians and surgeons.

          AS PASSED BY THE ASSEMBLY  , this bill required a physician and 







                                                                 AB 1267
                                                                 Page  2

         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 required the 
         reason for this inactive status to be disclosed on the internet Web 
         site of the MBC.

          FISCAL EFFECT  :   According to the Senate Appropriations Committee, 
         pursuant to Senate Rule 28.8, negligible state costs. 

          COMMENTS  :   This bill is substantially similar to the 
         Assembly-approved version, with the additional requirement that a 
         certificate placed on inactive status pursuant to this bill be 
         returned by the MBC to its prior or appropriate status within five 
         business days of receiving notice, as specified by the MBC via 
         regulations, that the physician and surgeon is no longer 
         incarcerated.
          

         Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 319-3301 
                                                           FN: 0001501