Bill Text: CA AB1127 | 2011-2012 | Regular Session | Chaptered

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Bill Title: Physicians and surgeons: unprofessional conduct.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-07-25 - Chaptered by Secretary of State - Chapter 115, Statutes of 2011. [AB1127 Detail]

Download: California-2011-AB1127-Chaptered.html

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BILL NUMBER: AB 1127	CHAPTERED
	BILL TEXT

	CHAPTER  115
	FILED WITH SECRETARY OF STATE  JULY 25, 2011
	APPROVED BY GOVERNOR  JULY 25, 2011
	PASSED THE SENATE  JULY 5, 2011
	PASSED THE ASSEMBLY  MAY 12, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011

INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 18, 2011

   An act to amend Section 2234 of the Business and Professions Code,
relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1127, Brownley. Physicians and surgeons: unprofessional
conduct.
   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 take action against
any licensee who is charged with unprofessional conduct and describes
acts constituting unprofessional conduct. Existing law makes a
violation of that provision a crime.
   This bill would provide that unprofessional conduct also includes
the repeated failure, except for good cause, by a certificate holder
who is the subject of a board investigation, to attend and
participate in an interview scheduled by the mutual agreement of the
certificate holder and the board.
   By changing the definition of a crime, the bill would impose a
state-mandated local program.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2234 of the Business and Professions Code is
amended to read:
   2234.  The board shall take action against any licensee who is
charged with unprofessional conduct. In addition to other provisions
of this article, unprofessional conduct includes, but is not limited
to, the following:
   (a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter.
   (b) Gross negligence.
   (c) Repeated negligent acts. To be repeated, there must be two or
more negligent acts or omissions. An initial negligent act or
omission followed by a separate and distinct departure from the
applicable standard of care shall constitute repeated negligent acts.

   (1) An initial negligent diagnosis followed by an act or omission
medically appropriate for that negligent diagnosis of the patient
shall constitute a single negligent act.
   (2) When the standard of care requires a change in the diagnosis,
act, or omission that constitutes the negligent act described in
paragraph (1), including, but not limited to, a reevaluation of the
diagnosis or a change in treatment, and the licensee's conduct
departs from the applicable standard of care, each departure
constitutes a separate and distinct breach of the standard of care.
   (d) Incompetence.
   (e) The commission of any act involving dishonesty or corruption
which is substantially related to the qualifications, functions, or
duties of a physician and surgeon.
   (f) Any action or conduct which would have warranted the denial of
a certificate.
   (g) The practice of medicine from this state into another state or
country without meeting the legal requirements of that state or
country for the practice of medicine. Section 2314 shall not apply to
this subdivision. This subdivision shall become operative upon the
implementation of the proposed registration program described in
Section 2052.5.
   (h) The repeated failure by a certificate holder, in the absence
of good cause, to attend and participate in an interview scheduled by
the mutual agreement of the certificate holder and the board. This
subdivision shall only apply to a certificate holder who is the
subject of an investigation by the board.
  SEC. 2.  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.