Bill Text: CA AB1636 | 2021-2022 | Regular Session | Introduced
Bill Title: Physician’s and surgeon’s certificate: registered sex offenders.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2022-09-22 - Chaptered by Secretary of State - Chapter 453, Statutes of 2022. [AB1636 Detail]
Download: California-2021-AB1636-Introduced.html
Introduced by Assembly Member Akilah Weber (Principal coauthor: Assembly Member Muratsuchi) (Coauthor: Senator Hurtado) |
January 12, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2221 of the Business and Professions Code is amended to read:2221.
(a) The board may deny a physician’s and surgeon’s certificate to an applicant guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or suspension of their license. The board, in its sole discretion, may issue a probationary physician’s and surgeon’s certificate to an applicant subject to terms and conditions, including, but not limited to, any of the following conditions of probation:(d)An
(e)
SEC. 2.
Section 2232 of the Business and Professions Code is amended to read:2232.
(a) (1) Except as provided in(d)(1)Five years after the effective date of the revocation and three years after successful discharge from parole, probation, or both parole and probation if under simultaneous supervision, an individual who after January 1, 1947, and prior to January 1, 2005, was subject to subdivision (a), may petition the superior court, in the county in which the individual has resided for, at minimum, five years prior to filing the petition, to hold a hearing within one year of the date of the petition, in order for the court to determine whether the individual no longer poses a possible risk to patients. The individual shall provide notice of the petition to the Attorney General and to the board at the time of its filing. The Attorney General
and the board shall present written and oral argument to the court on the merits of the petition.
(2)If the court finds that the individual no longer poses a possible risk to patients, and there are no other underlying reasons for which the board pursued disciplinary action, the court shall order, in writing, the board to reinstate the individual’s license within 180 days of the date of the order. The board may issue a probationary license to a person subject to this paragraph subject to terms and conditions, including, but not limited to, any of the conditions of probation specified in Section 2221.
(3)If the court finds that the individual continues to pose a possible risk to patients, the court shall deny relief. The court’s decision shall be binding on the individual and the board, and the individual shall be prohibited from filing a subsequent petition under this section based on the same conviction.
(e)This section
shall not apply to a person who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law.
(f)
(g)
SEC. 3.
Section 2307 of the Business and Professions Code is amended to read:2307.
(a)(i)