BILL ANALYSIS �
AB 1886
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ASSEMBLY THIRD READING
AB 1886 (Eggman)
As Amended April 22, 2014
Majority vote
BUSINESS & PROFESSIONS 9-4
APPROPRIATIONS 11-5
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|Ayes:|Bonilla, Bocanegra, |Ayes:|Gatto, Bocanegra, |
| |Campos, Dickinson, | |Bradford, |
| |Eggman, Holden, Mullin, | |Ian Calderon, Campos, |
| |Skinner, Ting | |Eggman, Gomez, Holden, |
| | | |Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jones, Hagman, |Nays:|Bigelow, Donnelly, Jones, |
| |Maienschein, Wilk | |Linder, Wagner |
| | | | |
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SUMMARY : Removes time limitations for Web site posting of
specified public disciplinary information about licensees of the
Medical Board of California (MBC). Specifically, this bill will
require the following disciplinary information regarding a
licensee to be posted on MBC's Web site for as long as that
information is public:
1)A revocation, suspension, probation, or limitation on
practice, as specified;
2)A malpractice judgment or arbitration award reported to MBC
after January 1, 1993;
3)Discipline from a board of another state or jurisdiction; and,
4)Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor and absorbable costs to MBC to retain and
display data for a longer time period.
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COMMENTS :
1)Purpose of this bill. This bill will require MBC to post
indefinitely on its Web site certain public data related to
physician and surgeon discipline (such as suspensions and
probation, malpractice judgments, discipline from other
states, and certain misdemeanor convictions) that is currently
taken down after ten years. This bill is sponsored by MBC.
2)Ongoing removal of public disciplinary records from MBC Web
site. Current law was amended in 2003 to require MBC to
remove certain public information from its Web site after 10
years, and MBC began removing these documents in 2013.
On January 1, 2013, MBC had to remove approximately 6,900
records from its Web site due to the 10-year limit, and
continues to remove 30-40 records per month, which equates to
350-400 records per year.
MBC will return the applicable records to its Web site should
this bill be enacted.
3)Differences in disclosure between public records and the MBC
Web site. The approach taken by this bill is echoed in
recommendations from MBC's 2013 Sunset Review report, in which
Senate staff recommended that the 10-year posting requirement
be removed "in order to ensure transparency to the public."
The California Research Bureau also recommended this change in
their 2008 report, "Physician Misconduct and Public Disclosure
Practices at the Medical Board of California."
Although MBC posts disclaimers about the availability and
extent of information on its Web site, consumers may
reasonably believe that the MBC Web site presents all the
publicly available information on a physician and surgeon's
license. As a result, consumers may be misled into believing
- incorrectly - that some physicians have no record of
discipline. This bill would help rectify that discrepancy by
putting more - but not all - public disciplinary information
online.
The MBC Web site does currently list information on felony
convictions, with no expiration date. However, a user would
AB 1886
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have to know this information is available and scroll to the
bottom of the page to find it.
This bill, in conjunction with other current law, would
require the following information to be posted for as long as
that information is public:
a) A revocation, suspension, probation, or limitation on
practice, as specified;
b) A malpractice judgment or arbitration award reported to
MBC after January 1, 1993;
c) Discipline from a board of another state or
jurisdiction;
d) Any misdemeanor conviction that results in a
disciplinary action or an accusation that is not
subsequently withdrawn or dismissed;
e) Whether a licensee is in good standing;
f) Any felony convictions reported to MBC after January 3,
1991; and,
g) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff
privileges for a medical disciplinary cause or reason, and
information about additional explanatory or exculpatory
information submitted by the licensee, as specified.
The following information would continue to be removed after
10 years:
a) Whether a license is subject to a temporary restraining
order or interim suspension order;
b) A public letter of reprimand; and,
c) Current accusations filed by the Attorney General,
including those on appeal.
Analysis Prepared by : Sarah Huchel / B., P. & C.P. / (916)
AB 1886
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319-3301 FN:
0003337