Bill Text: CA AB505 | 2017-2018 | Regular Session | Amended

California Assembly Bill 505 (Prior Session Legislation)

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

Bill Title: Medical Board of California: adjudication: expert testimony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-09-18 - Chaptered by Secretary of State - Chapter 469, Statutes of 2018. [AB505 Detail]

Download: California-2017-AB505-Amended.html

Amended IN Senate June 20, 2018

Amended IN Assembly March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 505

Introduced by Assembly Member Caballero

February 13, 2017

An act to ~~add Section 2227.1 to~~ amend Section 2334 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 505, as amended, Caballero. ~~Physicians and surgeons: probation.~~ Medical Board of California: adjudication: expert testimony.

Existing law prohibits the use of expert testimony in matters brought by the Medical Board of California unless specified information is exchanged with counsel for the other party, and requires the exchange of the information to be completed 30 calendar days prior to the commencement date of the hearing or as specified.
This bill would authorize the administrative law judge to extend the time for disclosure, upon a motion based on a showing of good cause, for a period not to exceed 100 calendar days, as specified.
Under existing law, a physician and surgeon whose matter has been heard by an administrative law judge, or whose default has been entered, and who is found guilty, or who has entered into a stipulation for disciplinary action with the Medical Board of California, is authorized to be subject to, among other things, license revocation, suspension, or probation, as specified. Existing law authorizes the board to discipline a licensee by placing him or her on probation subject to specified conditions.
This bill would prohibit the board from entering into any stipulation for disciplinary action if the stipulation places a licensee on probation and the operative accusation includes specified acts.

Vote: MAJORITY Appropriation: NO Fiscal Committee: ~~YES~~NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 2334 of the Business and Professions Code is amended to read:

2334.

(a) Notwithstanding any other provision of law, with respect to the use of expert testimony in matters brought by the Medical Board of California, no expert testimony shall be permitted by any party unless the following information is exchanged in written form with counsel for the other party, as ordered by the Office of Administrative Hearings:

(1) A curriculum vitae setting forth the qualifications of the expert.

(2) A complete expert witness report, which must include the following:

(A) A complete statement of all opinions the expert will express and the bases and reasons for each opinion.

(B) The facts or data considered by the expert in forming the opinions.

(3) A representation that the expert has agreed to testify at the hearing.

(4) A statement of the expert’s hourly and daily fee for providing testimony and for consulting with the party who retained his or her services.

(b) The exchange of the information described in subdivision (a) shall be completed 30 calendar days prior to the originally scheduled commencement date of the hearing, or as determined by an administrative law judge when Section 11529 of the Government Code applies. Upon motion to extend the deadline based on a showing of good cause, the administrative law judge may extend the time for the disclosure of information for a period not to exceed 100 calendar days cumulatively, but in no case shall the disclosure take place less than 30 calendar days before the hearing date, whichever comes first.

(c) The Office of Administrative Hearings may adopt regulations governing the required exchange of the information described in this section.

SECTION 1.Section 2227.1 is added to the Business and Professions Code, to read:
2227.1.
Notwithstanding Sections 2227 and 2228, the board may not enter into any stipulation for disciplinary action if the stipulation places a licensee on probation and the operative accusation includes any of the following:
~~(a)Felony conviction involving harm to patient safety or health.~~
~~(b)Drug or alcohol abuse directly resulting in harm to patient safety or health.~~
~~(c)Sexual act or sexual exploitation as defined in Section 726 and subdivision (a) of Section 729.~~