Bill Text: CA AB1070 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1070	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

   An act to amend  Section 2227   Sections
801.01, 2008, 2225.5, 2227, and 2425.3  of the Business and
Professions Code, relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1070, as amended, Hill. Healing  arts: discipline.
  arts.  
   (1) Existing law provides for the licensure and regulation of
osteopathic physicians and surgeons by the Osteopathic Medical Board
of California, of physicians and surgeons by the Medical Board of
California, and of 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 those reports must be sent whether or
not the licensee was a named party in the underlying claim or action
and would limit reports regarding claims or actions to those based
on the licensee's alleged negligence, error, or omission in practice
in California. The bill would also specify that the reporting
requirements apply to the University of California, as specified.
 
   Existing law requires licensees obligated 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 obligated to make a
report to send a copy of the report to the claimant or his or her
counsel.  
   The bill would also make a failure to 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 the name and address of every physician and
surgeon or podiatrist who was alleged to have acted improperly. 

   This bill would require the reports to include that information
with respect to every physician and surgeon or podiatrist who
participated in the care or professional services provided to the
patient.  
   Existing law also requires the reports to include a brief
description of the facts of each claim, charge, or allegation. 

   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, and a list of the
dates of treatment rendered by those persons.  
   (2) Existing law authorizes the Medical Board of California 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.  
   (3) 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.  
   Existing 
    (4)     Existing  law , the
Medical Practice Act, provides for the licensure and regulation of
physicians and surgeons and other healing arts practitioners,
including doctors of podiatric medicine. 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 
selected   approved  by the board. 
   (5) Existing law requires the 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.  
   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.  
   The bill would also require a licensed physician and surgeon to
report to the board, at the time of license renewal, if any civil
action has been filed or criminal conviction has occurred, as
specified, since his or her last renewal or initial licensure, as
specified.  
   (6) 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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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.   (a)     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, 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  in California ,
or by his or her rendering of unauthorized professional services 
, whether or not the licensee was a named party in the claim or
action  .
   (2) A settlement over thirty thousand dollars ($30,000)  of
  a claim or action, whether or not the licensee was a named
party in the claim or action,  if  it  
the settlement  is based on the licensee's alleged negligence,
error, or omission in practice  in California  , or 
by   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) If an insurer is required under subdivision (b) to send the
report, the insurer shall notify the claimant, or if the claimant is
represented by counsel, the claimant's counsel, that the insurer has
sent the report 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)  If the licensee or his or her counsel is required
under subdivision (b) to send the report, the licensee or his or her
counsel   The entity, person, or licensee obligated to
report under subdivision (b)  shall send a copy of the report to
the claimant or to his or her counsel if he or she is represented by
counsel. If the claimant or his or her counsel has not received a
copy of the report 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.
   (g) Failure  of the licensee or claimant, or counsel
representing the licensee or claimant,  to comply with
 subdivision (f)   this section  is a
public offense punishable by a fine of not less than  fifty
dollars ($50) and not more than  five hundred dollars ($500)
 and not more than five thousand dollars ($5,000)  .
 A knowing and intentional failure to comply with subdivision
(f) or a conspiracy or collusion not to comply with subdivision (f),
or to hinder or impede any other person in the compliance, is a
public offense punishable by a fine of not less than five thousand
dollars ($5,000) and not more than fifty thousand dollars ($50,000).

   (h) (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  physician and surgeon or doctor of podiatric medicine
  licensee  who  was alleged to have acted
improperly   participated in the care or professional
services provided to the patient  , 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  brief  description or summary of the facts
of each claim, charge, or allegation, including the date of
occurrence  , each licensee's role   in the care or
professional services provided to the patient with respect to those
services at issue in the claim, charge, or allegation, and a list of
the dates of treatment rendered by each licensee  .
   (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 and the date of its entry; 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 the judgment or award.
   (H) The specialty or subspecialty of the  physician and
surgeon or the doctor of podiatric medicine who was the subject of
the claim or action   licensee who participated in the
care or professional services provided to the patient  .
   (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.
   (i) 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.
   (j) 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. 
   (k) For purposes of this section, "licensee" means a licensee of
the Medical Board of California, the Osteopathic Medical Board, or
the California Board of Podiatric Medicine. 
   SEC. 2.    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. 3.    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 Health Services 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, 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.
   SECTION 1.   SEC. 4.   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  selected   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. 5.    Section 2425.3 of the   Business
and Professions Code   is amended to read: 
   2425.3.  (a)  The Medical Board of California shall
request that 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
Division of Licensing.
   (c) (1) A licensed physician  may   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.
   (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) A licensed physician and surgeon shall report to the board, at
the time of license renewal, if either of the following have
occurred since his or her last renewal, or if this is the licensee's
first renewal, since his or her initial license was issued: 

   (1) He or she has been convicted of a felony or misdemeanor. 

   (2) The filing of a civil action alleging unlawful conduct by the
licensee, whether or not the licensee was a named party in the
action.  
   (d) 
    (e)  The information collected pursuant to subdivisions
(a) and (b) may also be placed on the board's Internet Web site.
   SEC. 6.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.