Bill Text: CA AB1070 | 2009-2010 | Regular Session | Chaptered
Bill Title: Healing arts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 505, Statutes of 2009. [AB1070 Detail]
Download: California-2009-AB1070-Chaptered.html
BILL NUMBER: AB 1070 CHAPTERED
BILL TEXT
CHAPTER 505
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE AUGUST 24, 2009
AMENDED IN SENATE JULY 16, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
AMENDED IN ASSEMBLY MARCH 31, 2009
INTRODUCED BY Assembly Member Hill
FEBRUARY 27, 2009
An act to amend Sections 801.01, 2006, 2008, 2225.5, 2227, and
2425.3 of, and to add Section 804.5 to, the Business and Professions
Code, and to amend Sections 12529, 12529.5, 12529.6, and 12529.7 of
the Government Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1070, Hill. Healing arts.
(1) Existing law provides for the licensure and regulation of
osteopathic physicians and surgeons by the Osteopathic Medical Board
of California, physicians and surgeons by the Medical Board of
California (Medical Board), and podiatrists by the California Board
of Podiatric Medicine. Existing law requires those licensees,
insurers providing professional liability insurance to those
licensees, and governmental agencies that self-insure those licensees
to report specified settlements, arbitration awards, or civil
judgments to the licensee's board if based on the licensee's alleged
negligence, error, or omission in practice or his or her rendering of
unauthorized professional services.
This bill would specify that the reporting requirements apply to
the University of California, as specified. With respect to a
governmental agency required to submit a report, including a local
governmental agency, the bill would require the agency to, prior to
submitting a report, provide written notice of its intention to file
a report to the affected licensee and provide the licensee with an
opportunity to respond to the agency, as specified. By imposing new
duties on local agencies, the bill would impose a state-mandated
local program.
Existing law requires licensees and insurers required to make
these reports to send a copy of the report to the claimant or his or
her counsel and requires a claimant or his or her counsel who does
not receive a copy of the report within a specified time period to
make the report to the appropriate board. Existing law makes a
failure of a licensee, claimant, or counsel to comply with these
requirements a public offense punishable by a specified fine.
This bill would require any entity or person required to make a
report to notify the claimant or his or her counsel that the report
has been sent to the appropriate board and would require the claimant
or his or her counsel to make the report if the notice is not
received within a specified time.
The bill would also make a failure to substantially comply with
any of the reporting requirements an infraction punishable by a
specified fine. By expanding the scope of a crime, the bill would
impose a state-mandated local program.
Existing law requires these reports to include certain
information, including a brief description of the facts of each
claim, charge, or allegation, and the amount of the judgment or award
and the date of its entry or service.
This bill would eliminate the requirement that this description be
brief and would require the description to also include the role of
each physician and surgeon or podiatrist in the care or professional
services provided to the patient, as specified. The bill would also
require the report to include a copy of the judgment or award.
(2) The Medical Practice Act provides for the regulation of
physicians and surgeons by the Medical Board, and provides that the
protection of the public is the highest priority for the board in
exercising its licensing, regulatory, and disciplinary functions.
This bill would prohibit any entity that provides early
intervention, patient safety, or risk management programs to
patients, or contracts for those programs for patients, from
requiring that a patient waive his or her rights to contact or
cooperate with the board, or to file a complaint with the board.
(3) Existing law authorizes the Medical Board to appoint panels
from its members for the purposes of fulfilling specified obligations
and prohibits the president of the board from serving as a member of
a panel.
This bill would allow the president of the board to serve as a
member of a panel if there is a vacancy in the membership of the
board.
(4) Under existing law, a physician and surgeon or podiatrist who
fails to comply with a patient's medical record request, as
specified, within 15 days, or who fails or refuses to comply with a
court order mandating release of records, is required to pay a civil
penalty of $1,000 per day, as specified.
This bill would place a limit of $10,000 on those civil penalties
and would make other related changes, including providing a
definition of "certified medical records," as specified.
(5) Existing law prescribes the disciplinary action that may be
taken against a physician and surgeon or podiatrist. Among other
things, existing law authorizes the licensee to be publicly
reprimanded.
This bill would authorize the public reprimand to include a
requirement that the licensee complete educational courses approved
by the board.
(6) Existing law requires the Medical Board to request a licensed
physician and surgeon to report, at the time of license renewal, any
specialty board certification he or she holds, as specified. Existing
law also authorizes a licensed physician and surgeon to report to
the board, at the time of license renewal, information regarding his
or her cultural background and foreign language proficiency.
This bill would instead require licensees to provide that
information at the time of license renewal and immediately upon
issuance of an initial license, except as specified.
Existing law requires a licensed physician and surgeon to also
report, at the time of license renewal, his or her practice status,
as specified.
This bill would also require that this information be provided
immediately upon issuance of an initial license.
(7) Existing law creates the Health Quality Enforcement Section
within the Department of Justice with the primary responsibility of
investigating and prosecuting proceedings against licensees and
applicants within the jurisdiction of the Medical Board and various
other boards. Existing law simultaneously assigns a complaint
received by the Medical Board to an investigator and a deputy
attorney general, as specified. Existing law makes these provisions
inoperative on July 1, 2010. Existing law also requires the Medical
Board, in consultation with specified agencies, to report and make
recommendations to the Governor and the Legislature on this
prosecution model by July 1, 2009.
This bill would extend the operation of those provisions until
January 1, 2013. The bill would require the Medical Board to
establish and implement a plan to assist in team building between its
enforcement staff and the staff of the Health Quality Enforcement
Section in order to ensure a common and consistent knowledge base.
The bill would also require the Medical Board to, in consultation
with specified agencies, report and make recommendations to the
Governor and the Legislature on this enforcement and prosecution
model by March 1, 2012. The bill would make other related changes.
(8) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 801.01 of the Business and Professions Code is
amended to read:
801.01. The Legislature finds and declares that the filing of
reports with the applicable state agencies required under this
section is essential for the protection of the public. It is the
intent of the Legislature that the reporting requirements set forth
in this section be interpreted broadly in order to expand reporting
obligations.
(a) A complete report shall be sent to the Medical Board of
California, the Osteopathic Medical Board of California, or the
California Board of Podiatric Medicine, with respect to a licensee of
the board as to the following:
(1) A settlement over thirty thousand dollars ($30,000) or
arbitration award of any amount or a civil judgment of any amount,
whether or not vacated by a settlement after entry of the judgment,
that was not reversed on appeal, of a claim or action for damages for
death or personal injury caused by the licensee's alleged
negligence, error, or omission in practice, or by his or her
rendering of unauthorized professional services.
(2) A settlement over thirty thousand dollars ($30,000), if the
settlement is based on the licensee's alleged negligence, error, or
omission in practice, or on the licensee's rendering of unauthorized
professional services, and a party to the settlement is a
corporation, medical group, partnership, or other corporate entity in
which the licensee has an ownership interest or that employs or
contracts with the licensee.
(b) The report shall be sent by the following:
(1) The insurer providing professional liability insurance to the
licensee.
(2) The licensee, or his or her counsel, if the licensee does not
possess professional liability insurance.
(3) A state or local governmental agency that self-insures the
licensee. For purposes of this section "state governmental agency"
includes, but is not limited to, the University of California.
(c) The entity, person, or licensee obligated to report pursuant
to subdivision (b) shall send the complete report if the judgment,
settlement agreement, or arbitration award is entered against or paid
by the employer of the licensee and not entered against or paid by
the licensee. "Employer," as used in this paragraph, means a
professional corporation, a group practice, a health care facility or
clinic licensed or exempt from licensure under the Health and Safety
Code, a licensed health care service plan, a medical care
foundation, an educational institution, a professional institution, a
professional school or college, a general law corporation, a public
entity, or a nonprofit organization that employs, retains, or
contracts with a licensee referred to in this section. Nothing in
this paragraph shall be construed to authorize the employment of, or
contracting with, any licensee in violation of Section 2400.
(d) The report shall be sent to the Medical Board of California,
the Osteopathic Medical Board of California, or the California Board
of Podiatric Medicine, as appropriate, within 30 days after the
written settlement agreement has been reduced to writing and signed
by all parties thereto, within 30 days after service of the
arbitration award on the parties, or within 30 days after the date of
entry of the civil judgment.
(e) The entity, person, or licensee required to report under
subdivision (b) shall notify the claimant or his or her counsel, if
he or she is represented by counsel, that the report has been sent to
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine. If the
claimant or his or her counsel has not received this notice within 45
days after the settlement was reduced to writing and signed by all
of the parties or the arbitration award was served on the parties or
the date of entry of the civil judgment, the claimant or the claimant'
s counsel shall make the report to the appropriate board.
(f) Failure to substantially comply with this section is a public
offense punishable by a fine of not less than five hundred dollars
($500) and not more than five thousand dollars ($5,000).
(g) (1) The Medical Board of California, the Osteopathic Medical
Board of California, and the California Board of Podiatric Medicine
may develop a prescribed form for the report.
(2) The report shall be deemed complete only if it includes the
following information:
(A) The name and last known business and residential addresses of
every plaintiff or claimant involved in the matter, whether or not
the person received an award under the settlement, arbitration, or
judgment.
(B) The name and last known business and residential address of
every licensee who was alleged to have acted improperly, whether or
not that person was a named defendant in the action and whether or
not that person was required to pay any damages pursuant to the
settlement, arbitration award, or judgment.
(C) The name, address, and principal place of business of every
insurer providing professional liability insurance to any person
described in subparagraph (B), and the insured's policy number.
(D) The name of the court in which the action or any part of the
action was filed, and the date of filing and case number of each
action.
(E) A description or summary of the facts of each claim, charge,
or allegation, including the date of occurrence and the licensee's
role in the care or professional services provided to the patient
with respect to those services at issue in the claim or action.
(F) The name and last known business address of each attorney who
represented a party in the settlement, arbitration, or civil action,
including the name of the client he or she represented.
(G) The amount of the judgment, the date of its entry, and a copy
of the judgment; the amount of the arbitration award, the date of its
service on the parties, and a copy of the award document; or the
amount of the settlement and the date it was reduced to writing and
signed by all parties. If an otherwise reportable settlement is
entered into after a reportable judgment or arbitration award is
issued, the report shall include both the settlement and a copy of
the judgment or award.
(H) The specialty or subspecialty of the licensee who was the
subject of the claim or action.
(I) Any other information the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine may, by regulation, require.
(3) Every professional liability insurer, self-insured
governmental agency, or licensee or his or her counsel that makes a
report under this section and has received a copy of any written or
electronic patient medical or hospital records prepared by the
treating physician and surgeon or podiatrist, or the staff of the
treating physician and surgeon, podiatrist, or hospital, describing
the medical condition, history, care, or treatment of the person
whose death or injury is the subject of the report, or a copy of any
deposition in the matter that discusses the care, treatment, or
medical condition of the person, shall include with the report,
copies of the records and depositions, subject to reasonable costs to
be paid by the Medical Board of California, the Osteopathic Medical
Board of California, or the California Board of Podiatric Medicine.
If confidentiality is required by court order and, as a result, the
reporter is unable to provide the records and depositions,
documentation to that effect shall accompany the original report. The
applicable board may, upon prior notification of the parties to the
action, petition the appropriate court for modification of any
protective order to permit disclosure to the board. A professional
liability insurer, self-insured governmental agency, or licensee or
his or her counsel shall maintain the records and depositions
referred to in this paragraph for at least one year from the date of
filing of the report required by this section.
(h) If the board, within 60 days of its receipt of a report filed
under this section, notifies a person named in the report, that
person shall maintain for the period of three years from the date of
filing of the report any records he or she has as to the matter in
question and shall make those records available upon request to the
board to which the report was sent.
(i) Notwithstanding any other provision of law, no insurer shall
enter into a settlement without the written consent of the insured,
except that this prohibition shall not void any settlement entered
into without that written consent. The requirement of written consent
shall only be waived by both the insured and the insurer.
(j) (1) A state or local governmental agency that self-insures
licensees shall, prior to sending a report pursuant to this section,
do all of the following with respect to each licensee who will be
identified in the report:
(A) Before deciding that a licensee will be identified, provide
written notice to the licensee that the agency intends to submit a
report in which the licensee may be identified, based on his or her
role in the care or professional services provided to the patient
that were at issue in the claim or action. This notice shall describe
the reasons for notifying the licensee. The agency shall include
with this notice a reasonable opportunity for the licensee to review
a copy of records to be used by the agency in deciding whether to
identify the licensee in the report.
(B) Provide the licensee with a reasonable opportunity to provide
a written response to the agency and written materials in support of
the licensee's position. If the licensee is identified in the report,
the agency shall include this response and materials in the report
submitted to a board under this section if requested by the licensee.
(C) At least 10 days prior to the expiration of the 30-day
reporting requirement under subdivision (d), provide the licensee
with the opportunity to present arguments to the body that will make
the final decision or to that body's designee. The body shall review
the care or professional services provided to the patient with
respect to those services at issue in the claim or action and
determine the licensee or licensees to be identified in the report
and the amount of the settlement to be apportioned to the licensee.
(2) Nothing in this subdivision shall be construed to modify
either the content of a report required under this section or the
timeframe for filing that report.
(k) For purposes of this section, "licensee" means a licensee of
the Medical Board of California, the Osteopathic Medical Board of
California, or the California Board of Podiatric Medicine.
SEC. 2. Section 804.5 is added to the Business and Professions
Code, to read:
804.5. The Legislature recognizes that various types of entities
are creating, implementing, and maintaining patient safety and risk
management programs that encourage early intervention in order to
address known complications and other unanticipated events requiring
medical care. The Legislature recognizes that some entities even
provide financial assistance to individual patients to help them
address these unforeseen health care concerns. It is the intent of
the Legislature, however, that such financial assistance not limit a
patient's interaction with, or his or her rights before, the Medical
Board of California.
Any entity that provides early intervention, patient safety, or
risk management programs to patients, or contracts for those programs
for patients, shall not include, as part of any of those programs or
contracts, any of the following:
(a) A provision that prohibits a patient or patients from
contacting or cooperating with the board.
(b) A provision that prohibits a patient or patients from filing a
complaint with the board.
(c) A provision that requires a patient or patients to withdraw a
complaint that has been filed with the board.
SEC. 3. Section 2006 of the Business and Professions Code is
amended to read:
2006. (a) Any reference in this chapter to an investigation by
the board shall be deemed to refer to a joint investigation conducted
by employees of the Department of Justice and the board under the
vertical enforcement and prosecution model, as specified in Section
12529.6 of the Government Code.
(b) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 4. Section 2008 of the Business and Professions Code is
amended to read:
2008. The board may appoint panels from its members for the
purpose of fulfilling the obligations established in subdivision (c)
of Section 2004. Any panel appointed under this section shall at no
time be comprised of less than four members and the number of public
members assigned to the panel shall not exceed the number of licensed
physician and surgeon members assigned to the panel. The president
of the board shall not be a member of any panel unless there is a
vacancy in the membership of the board. Each panel shall annually
elect a chair and a vice chair.
SEC. 5. Section 2225.5 of the Business and Professions Code is
amended to read:
2225.5. (a) (1) A licensee who fails or refuses to comply with a
request for the certified medical records of a patient, that is
accompanied by that patient's written authorization for release of
records to the board, within 15 days of receiving the request and
authorization, shall pay to the board a civil penalty of one thousand
dollars ($1,000) per day for each day that the documents have not
been produced after the 15th day, up to ten thousand dollars
($10,000), unless the licensee is unable to provide the documents
within this time period for good cause.
(2) A health care facility shall comply with a request for the
certified medical records of a patient that is accompanied by that
patient's written authorization for release of records to the board
together with a notice citing this section and describing the
penalties for failure to comply with this section. Failure to provide
the authorizing patient's certified medical records to the board
within 30 days of receiving the request, authorization, and notice
shall subject the health care facility to a civil penalty, payable to
the board, of up to one thousand dollars ($1,000) per day for each
day that the documents have not been produced after the 30th day, up
to ten thousand dollars ($10,000), unless the health care facility is
unable to provide the documents within this time period for good
cause. This paragraph shall not require health care facilities to
assist the board in obtaining the patient's authorization. The board
shall pay the reasonable costs of copying the certified medical
records.
(b) (1) A licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board shall pay to the board a civil penalty of
one thousand dollars ($1,000) per day for each day that the documents
have not been produced after the date by which the court order
requires the documents to be produced, up to ten thousand dollars
($10,000), unless it is determined that the order is unlawful or
invalid. Any statute of limitations applicable to the filing of an
accusation by the board shall be tolled during the period the
licensee is out of compliance with the court order and during any
related appeals.
(2) Any licensee who fails or refuses to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board is guilty of a misdemeanor punishable by a
fine payable to the board not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by the board
shall be tolled during the period the licensee is out of compliance
with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order, issued in the enforcement of a subpoena, mandating the
release of patient records to the board, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the board a civil penalty
of up to one thousand dollars ($1,000) per day for each day that the
documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires the
documents to be produced, unless it is determined that the order is
unlawful or invalid. Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(4) Any health care facility that fails or refuses to comply with
a court order, issued in the enforcement of a subpoena, mandating the
release of records to the board is guilty of a misdemeanor
punishable by a fine payable to the board not to exceed five thousand
dollars ($5,000). Any statute of limitations applicable to the
filing of an accusation by the board against a licensee shall be
tolled during the period the health care facility is out of
compliance with the court order and during any related appeals.
(c) Multiple acts by a licensee in violation of subdivision (b)
shall be punishable by a fine not to exceed five thousand dollars
($5,000) or by imprisonment in a county jail not exceeding six
months, or by both that fine and imprisonment. Multiple acts by a
health care facility in violation of subdivision (b) shall be
punishable by a fine not to exceed five thousand dollars ($5,000) and
shall be reported to the State Department of Public Health and shall
be considered as grounds for disciplinary action with respect to
licensure, including suspension or revocation of the license or
certificate.
(d) A failure or refusal of a licensee to comply with a court
order, issued in the enforcement of a subpoena, mandating the release
of records to the board constitutes unprofessional conduct and is
grounds for suspension or revocation of his or her license.
(e) Imposition of the civil penalties authorized by this section
shall be in accordance with the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 of the
Government Code).
(f) For purposes of this section, "certified medical records"
means a copy of the patient's medical records authenticated by the
licensee or health care facility, as appropriate, on a form
prescribed by the board.
(g) For purposes of this section, a "health care facility" means a
clinic or health facility licensed or exempt from licensure pursuant
to Division 2 (commencing with Section 1200) of the Health and
Safety Code.
SEC. 6. Section 2227 of the Business and Professions Code is
amended to read:
2227. (a) A licensee whose matter has been heard by an
administrative law judge of the Medical Quality Hearing Panel as
designated in Section 11371 of the Government Code, or whose default
has been entered, and who is found guilty, or who has entered into a
stipulation for disciplinary action with the board, may, in
accordance with the provisions of this chapter:
(1) Have his or her license revoked upon order of the board.
(2) Have his or her right to practice suspended for a period not
to exceed one year upon order of the board.
(3) Be placed on probation and be required to pay the costs of
probation monitoring upon order of the board.
(4) Be publicly reprimanded by the board. The public reprimand may
include a requirement that the licensee complete relevant
educational courses approved by the board.
(5) Have any other action taken in relation to discipline as part
of an order of probation, as the board or an administrative law judge
may deem proper.
(b) Any matter heard pursuant to subdivision (a), except for
warning letters, medical review or advisory conferences, professional
competency examinations, continuing education activities, and cost
reimbursement associated therewith that are agreed to with the board
and successfully completed by the licensee, or other matters made
confidential or privileged by existing law, is deemed public, and
shall be made available to the public by the board pursuant to
Section 803.1.
SEC. 7. Section 2425.3 of the Business and Professions Code is
amended to read:
2425.3. (a) A licensed physician and surgeon shall report to the
board, immediately upon issuance of an initial license and at the
time of license renewal, any specialty board certification he or she
holds that is issued by a member board of the American Board of
Medical Specialties or approved by the Medical Board of California.
(b) A licensed physician and surgeon shall also report to the
board, immediately upon issuance of an initial license and at the
time of license renewal, his or her practice status, designated as
one of the following:
(1) Full-time practice in California.
(2) Full-time practice outside of California.
(3) Part-time practice in California.
(4) Medical administrative employment that does not include direct
patient care.
(5) Retired.
(6) Other practice status, as may be further defined by the board.
(c) (1) A licensed physician and surgeon shall report to the
board, immediately upon issuance of an initial license and at the
time of license renewal, and the board shall collect, information
regarding his or her cultural background and foreign language
proficiency. The board shall provide an option for a licensed
physician and surgeon to decline to state in the report his or her
cultural background and foreign language proficiency.
(2) Information collected pursuant to this subdivision shall be
aggregated on an annual basis based on categories utilized by the
board in the collection of the data, and shall be aggregated into
both statewide totals and ZIP code of primary practice location
totals.
(3) Aggregated information under this subdivision shall be
compiled annually and reported on the board's Internet Web site on or
before October 1 of each year.
(d) The information collected pursuant to subdivisions (a) and (b)
may also be placed on the board's Internet Web site.
SEC. 8. Section 12529 of the Government Code, as amended by
Section 19 of Chapter 33 of the Statutes of 2008, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to investigate and prosecute proceedings against licensees
and applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 9. Section 12529 of the Government Code, as amended by
Section 20 of Chapter 33 of the Statutes of 2008, is amended to read:
12529. (a) There is in the Department of Justice the Health
Quality Enforcement Section. The primary responsibility of the
section is to prosecute proceedings against licensees and applicants
within the jurisdiction of the Medical Board of California, the
California Board of Podiatric Medicine, the Board of Psychology, or
any committee under the jurisdiction of the Medical Board of
California, and to provide ongoing review of the investigative
activities conducted in support of those prosecutions, as provided in
subdivision (b) of Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall become operative January 1, 2013.
SEC. 10. Section 12529.5 of the Government Code, as amended by
Section 21 of Chapter 33 of the Statutes of 2008, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney
General of the Health Quality Enforcement Section shall assign
attorneys to work on location at the intake unit of the boards
described in subdivision (d) of Section 12529 to assist in evaluating
and screening complaints and to assist in developing uniform
standards and procedures for processing complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 11. Section 12529.5 of the Government Code, as amended by
Section 22 of Chapter 33 of the Statutes of 2008, is amended to read:
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with each
major intake and investigatory unit of the boards, to assist in the
evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2013.
SEC. 12. Section 12529.6 of the Government Code is amended to
read:
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 13. Section 12529.7 of the Government Code is amended to
read:
12529.7. By March 1, 2012, the Medical Board of California, in
consultation with the Department of Justice and the Department of
Consumer Affairs, shall report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
