Bill Text: CA SB487 | 2017-2018 | Regular Session | Introduced
Bill Title: Practice of medicine: hospitals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB487 Detail]
Download: California-2017-SB487-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 487 |
| Introduced by Senator Pan |
February 16, 2017 |
An act to amend Section 2282 of the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 487, as introduced, Pan.
Practice of medicine: hospitals.
The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime.
This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation
in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2282 of the Business and Professions Code is amended to read:2282.
The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate
officers and bylaws and with staff appointments on an annual or biennial basis.
(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.
(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of
certification.
(c)
(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.
(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing
substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, “substantial direct patient care” means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care.
(d)
(f) Provision that adequate and accurate medical records be prepared and maintained for all patients.
