AB 1886, as amended, Eggman. Medical Board of California.
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 the board to post certain information on the Internetbegin insert indefinitelyend insert regarding licensed physicians and surgeons and requires specified information, including any malpractice judgements, arbitration awards, and settlement information, to be posted for a period of 10 years.
This bill wouldbegin delete remove the requirement that the specified information be posted on the Internet for a period of 10 years, thereby requiring that information toend deletebegin insert
require specified information, including enforcement actions, disciplinary actions, malpractice judgments, arbitration awards, and certain misdemeanor convictions, toend insert be posted indefinitelybegin insert on the board’s Internet Web siteend insert.
Existing law authorizes the board, by stipulation or settlement with the affected physician and surgeon, to issue a public letter of reprimand after it has conducted an investigation or inspection as specified, rather than filing or prosecuting a formal accusation.
Existing law requires the board to disclose information regarding any enforcement actions taken against a licensee, including, among other things, public letters of reprimand issued, to an inquiring member of the public, as specified.
This bill would make a clarifying and conforming change regarding the disclosure of public letters of reprimand to an inquiring member of the public by deleting a conflicting provision that authorizes, rather than requires, the board to disclose those public letters of reprimand.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2027 of the Business and Professions
2Code is amended to read:
(a) The board shall post on the Internet the following
4information in its possession, custody, or control regarding licensed
5physicians and surgeons:
6(1) With regard to the status of the license, whether or not the
7licensee is in good standing, subject to a temporary restraining
8order (TRO), subject to an interim suspension order (ISO), or
9subject to any of the enforcement actions set forth in Section 803.1.
10(2) With regard to prior discipline, whether or not the licensee
11has been subject to discipline by the board or by the board of
12another state or jurisdiction, as described in Section 803.1.
13(3) Any felony convictions reported to the board after January
143, 1991.
15(4) All current accusations filed by the Attorney General,
16including those accusations that are on appeal. For purposes of
17this paragraph, “current accusation” shall mean an accusation that
18has not been dismissed, withdrawn, or settled, and has not been
19finally decided upon by an administrative law judge and the
20Medical Board of California unless an appeal of that decision is
21pending.
22(5) Any malpractice judgment or arbitration award reported to
23the board after January 1, 1993.
24(6) Any hospital disciplinary actions that resulted in the
25termination or revocation of a licensee’s hospital staff privileges
26for a medical disciplinary
cause or reason. The posting shall also
27provide a link to any additional explanatory or exculpatory
P3 1information submitted electronically by the licensee pursuant to
2subdivision (f) of Section 805.
3(7) Any misdemeanor conviction that results in a disciplinary
4action or an accusation that is not subsequently withdrawn or
5dismissed.
6(8) Appropriate disclaimers and explanatory statements to
7accompany the above information, including an explanation of
8what types of information are not disclosed. These disclaimers and
9statements shall be developed by the board and shall be adopted
10by regulation.
11(9) Any information required to be disclosed pursuant to Section
12803.1.
13(10) Settlement information, which shall be posted as described
14in paragraph (2) of subdivision (b) of Section 803.1.
15(b) Upon receipt of a certified copy of an expungement order
16granted pursuant to Section 1203.4 of the Penal Code from a
17licensee, the board shall, within six months of receipt of the
18expungement order, post notification of the expungement order
19and the date thereof on its Internet Web site.
20 (c) If
end delete
21(c) (1) From January 1, 2003, the information described in
22paragraph (1) of subdivision (a) regarding whether a licensee is
23subject to a temporary restraining order (TRO) or an interim
24suspension order (ISO), the information in paragraph (4) of
25subdivision (a), and information on public letters of reprimand
26shall remain posted on the board’s Internet Web site for a period
27of 10 years from the date the board obtains possession, custody,
28or control of the information, and after the end of that period the
29information shall be removed from the board’s Internet Web site.
30(2) Except as provided in paragraph (3), if a licensee’s hospital
31staff privileges are restored and the licensee notifies the board of
32the restoration, the information pertaining to the termination or
33revocation of those privileges, as described in paragraph (6) of
34
subdivision (a), shall remain posted on the board’s Internet Web
35site for a period of 10 years from the restoration date of the
36privileges, and at the end of that period the information shall be
37removed from the board’s Internet Web site.
38begin insert(3)end insertbegin insert end insertbegin insertIfend insert a court finds, in a final judgment, that peer review resulting
39in a hospital disciplinary action was conducted in bad faith and
40the licensee notifies the board of that finding, the information
P4 1concerning that hospital disciplinary action posted pursuant to
2paragraph (6) of subdivision (a) shall be immediately removed
3from the board’s Internet Web site. For purposes of this paragraph,
4“peer review” has the same meaning as defined in Section 805.
5(d) The
board shall also post on the Internet a factsheet that
6explains and provides information on the reporting requirements
7under Section 805.
8(e) The board shall provide links to other Web sites on the
9Internet that provide information on board certifications that meet
10the requirements of subdivision (b) of Section 651. The board may
11provide links to other Web sites on the Internet that provide
12information on health care service plans, health insurers, hospitals,
13or other facilities. The board may also provide links to any other
14sites that would provide information on the affiliations of licensed
15physicians and surgeons.
Section 2233 of the Business and Professions Code is
17amended to read:
The board may, by stipulation or settlement with the
19affected physician and surgeon, issue a public letter of reprimand
20after it has conducted an investigation or inspection as provided
21in this article, rather than filing or prosecuting a formal accusation.
22The public letter of reprimand may, at the discretion of the board,
23include a requirement for specified training or education. The
24affected physician and surgeon shall indicate agreement or
25nonagreement in writing within 30 days of formal notification by
26the board of its intention to issue the letter. The board, at its option,
27may extend the response time. Use of a public reprimand shall be
28limited to minor violations and shall be issued under guidelines
29established by
regulations of the board.
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