Existing law, the Medical Practice Act, establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. Existing law requires the board to deny a physician’s and surgeon’s certificate to an applicant who is required to register as a sex offender, except as specified. Existing law makes an applicant ineligible to reapply for a physician’s and surgeon’s certificate for a minimum of 3 years from the effective date of the denial of their application, except that the board, in its discretion and for good cause demonstrated, may permit reapplication after not less than one year has elapsed from the effective date of the denial.
This bill, instead, would require the board to deny a physician’s and surgeon’s certificate to an applicant who has been required to register as a sex offender, except as
provided. The bill, additionally, would require the board to deny a physician’s and surgeon’s certificate to an applicant if the applicant was convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses for which a specified provision of the Sex Offender Registration Act requires the offender to register as a sex offender, and the applicant engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense. The bill would also require the board to deny a physician’s and surgeon’s certificate to an applicant if a licensing board in or outside of this state formally disciplined the applicant for conduct that, if committed in this state by a physician and surgeon, would have been cause for discipline before the board based on professional misconduct
constituting an act of sexual abuse, misconduct, or relations with a patient or based on sexual exploitation, as specified. The bill would make an applicant ineligible to reapply for a physician’s and surgeon’s certificate if the board has previously denied the applicant a physician’s and surgeon’s certificate pursuant to the above-described provisions.
Existing law requires the board to automatically revoke the license of any person who has been required to register as a sex offender, as specified. Existing law exempts from that provision a person who has been relieved, as specified, of their duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law.
This bill would remove the above-described exemption from the provision relating to automatic revocation of a license of a registered sex offender. The bill, additionally, would require the board to automatically
revoke a license if the licensee has been convicted, as specified, in any court in or outside of this state of an offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as an offense for which a specified provision of the Sex Offender Registration Act requires registration as a sex offender, and the licensee engaged in the offense with a patient or client, or with a former patient or client if the relationship was terminated primarily for the purpose of committing the offense.
Under existing law, 5 years after the effective date of the revocation and 3 years after successful discharge from parole, probation, or both parole and probation, as specified, an individual whose license was revoked after January 1, 1947, and before January 1, 2005, for having been required to register as a sex offender is authorized to petition a superior court to hold a hearing to determine whether the individual no
longer poses a possible risk to patients, as specified. 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, existing law requires the court to order the board to reinstate the individual’s license, as specified. Existing law authorizes the board to issue a probationary license to that person, as specified. If the court finds that the individual continues to pose a possible risk to patients, existing law requires the court to deny relief and prohibits the individual from filing a subsequent petition based on the same conviction.
This bill would remove the above-described provisions.
Existing law authorizes a person whose physician’s and surgeon’s certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation
to petition the board for reinstatement or modification of penalty, as specified.
This bill would, as an exemption to the above-described provision, prohibit the board from reinstating a person’s certificate that has been surrendered or revoked based on a finding by the board that the person committed an act of sexual abuse, misconduct, or relations with a patient or sexual exploitation, as specified. The bill, additionally, would prohibit the board from reinstating a person’s certificate if the person was convicted in any court in or outside of this state of any offense that, if committed or attempted in this state, based on the elements of the convicted offense, would have been punishable as one or more of the offenses for which a specified provision of the Sex Offender Registration Act requires the offender to register as a sex offender, and the person engaged in the offense with a patient or client, or with a former patient or client if the relationship was
terminated primarily for the purpose of committing the offense. The bill would prohibit the board from reinstating the certificate of a person who has been required to register as a sex offender, as specified, regardless of whether the conviction has been appealed.