Bill Text: CA SB58 | 2009-2010 | Regular Session | Amended
Bill Title: Physicians and surgeons: peer review.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB58 Detail]
Download: California-2009-SB58-Amended.html
BILL NUMBER: SB 58 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 19, 2009
AMENDED IN SENATE APRIL 22, 2009
AMENDED IN SENATE APRIL 20, 2009
AMENDED IN SENATE APRIL 1, 2009
INTRODUCED BY Senator Aanestad
JANUARY 20, 2009
An act to amend Sections 800, 803.1, 805.5, and 2027 of, and to
add Sections 805.3, 805.8, and 2191.5 to, the Business and
Professions Code, relating to physicians and surgeons.
LEGISLATIVE COUNSEL'S DIGEST
SB 58, as amended, Aanestad. Physicians and surgeons: peer review.
Existing law provides for the professional review of specified
healing arts licentiates through a peer review process conducted by
peer review bodies, as defined. Existing law establishes the
Joint Committee on Boards, Commissions, and Consumer Protection and
requires the committee to review all state boards every 4 years.
Existing law requires those boards, within a specified period of time
prior to their review, to submit a report to the committee
containing certain information.
This bill would require peer review bodies to annually report to
the Medical Board of California on their peer review activities
involving licensees of that board and to comply with any requests
from the board for more detailed information. The bill would
require the board to include a summary of those reports in
the report submitted to the Joint Committee on Boards, Commissions,
and Consumer Protection.
Under existing law, specified persons are required to file a
report, designated as an "805 report," with a licensing board if a
peer review body takes one of several specified actions against a
person licensed by that board. Existing law provides various due
process rights for licentiates who are the subject of a final
proposed disciplinary action of a peer review body, including
authorizing a licensee to request a hearing concerning that action.
With respect to physicians and surgeons, this bill would require
peer review bodies to administer an early detection and resolution
program (EDR) in which a peer review body would, where it deems
appropriate, allow a physician and surgeon to complete certain
training, observation, or consultation requirements instead of being
subject to disciplinary action and an 805 report , as specified
. The bill would delay the physician and surgeon's right to a
hearing concerning a final proposed action pending his or her
successful completion of EDR.
Existing law requires the Medical Board of California to maintain
a central file of its licensees containing, among other things,
disciplinary information reported through 805 reports and authorizes
licensees to submit additional exculpatory or explanatory statements,
as specified. Existing law requires the board to disclose an 805
report to specified health care entities and requires the board to
post on the Internet, and to disclose to inquiring members of the
public, certain hospital disciplinary actions.
The bill would require the board to include the exculpatory or
explanatory statement submitted by licensees regarding 805 reports in
disclosures or postings of those reports or of hospital disciplinary
actions. The bill would prohibit the board from including
certain summary suspension information reported through an 805 report
in a licensee's central file or reporting that information to
certain health care facilities, except as specified.
If a court finds that the peer review resulting in the 805 report was
conducted in bad faith and the licensee who is the subject of the
report notifies the board of that finding, the bill would require the
board to include that finding in the licensee's central file.
The bill would also prohibit the board from reporting or posting
, and would require the board to remove from a licensee's
central file, certain disciplinary information if a court
reverses a disciplinary action reported pursuant to Section 805
or if the board's independent investigation exonerates the
licensee from the charges forming the basis of the disciplinary
action and the licensee notifies the board of that
reversal. The bill would require the board to also send notice of the
reversal to members of the public and health care entities to whom
the board previously disclosed the disciplinary information .
Existing law requires the Medical Board of California to adopt and
administer standards for the continuing education of licensed
physicians and surgeons.
This bill would require the board to adopt and administer
standards allowing a physician and surgeon to receive credit for up
to 10 hours of continuing education each year for participating in a
peer review body without compensation.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 800 of the Business and Professions Code is
amended to read:
800. (a) The Medical Board of California, the Board of
Psychology, the Dental Board of California, the Osteopathic Medical
Board of California, the State Board of Chiropractic Examiners, the
Board of Registered Nursing, the Board of Vocational Nursing and
Psychiatric Technicians, the State Board of Optometry, the Veterinary
Medical Board, the Board of Behavioral Sciences, the Physical
Therapy Board of California, the California State Board of Pharmacy,
and the Speech-Language Pathology and Audiology Board shall each
separately create and maintain a central file of the names of all
persons who hold a license, certificate, or similar authority from
that board. Each central file shall be created and maintained to
provide an individual historical record for each licensee with
respect to the following information:
(1) Any conviction of a crime in this or any other state that
constitutes unprofessional conduct pursuant to the reporting
requirements of Section 803.
(2) Any judgment or settlement requiring the licensee or his or
her insurer to pay any amount of damages in excess of three thousand
dollars ($3,000) for any claim that injury or death was proximately
caused by the licensee's negligence, error or omission in practice,
or by rendering unauthorized professional services, pursuant to the
reporting requirements of Section 801 or 802.
(3) Any public complaints for which provision is made pursuant to
subdivision (b).
(4) (A) Disciplinary information reported pursuant to Section 805.
(B) Notwithstanding subparagraph (A), with respect to a physician
and surgeon licensed by the Medical Board of California, all of the
following shall apply:
(i) If a court reverses a disciplinary action reported pursuant to
Section 805 or if the board's independent investigation exonerates
the licensee from the charges forming the basis of the reported
disciplinary action, the board shall remove the corresponding
disciplinary information described in subparagraph (A) from the
licensee's central file.
(ii) The board shall not include a summary suspension of staff
privileges, employment, or membership reported pursuant to Section
805 in the licensee's central file unless the board confirms, by
independent investigation, that the suspension is supported by
substantial evidence of risk to patients.
(B) With respect to a physician and surgeon licensed by the
Medical Board of California, if a court finds that the peer review
resulting in the 805 report was conducted in bad faith and the
licensee who is the subject of the report notifies the board of that
finding, the board shall include that finding in the central file.
For purposes of this subparagraph, "peer review" has the same meaning
as defined in Section 805.
(b) Each board shall prescribe and promulgate forms on which
members of the public and other licensees or certificate holders may
file written complaints to the board alleging any act of misconduct
in, or connected with, the performance of professional services by
the licensee.
If a board, or division thereof, a committee, or a panel has
failed to act upon a complaint or report within five years, or has
found that the complaint or report is without merit, the central file
shall be purged of information relating to the complaint or report.
Notwithstanding this subdivision, the Board of Psychology, the
Board of Behavioral Sciences, and the Respiratory Care Board of
California shall maintain complaints or reports as long as each board
deems necessary.
(c) The contents of any central file that are not public records
under any other provision of law shall be confidential except that
the licensee involved, or his or her counsel or representative, shall
have the right to inspect and have copies made of his or her
complete file except for the provision that may disclose the identity
of an information source. For the purposes of this section, a board
may protect an information source by providing a copy of the material
with only those deletions necessary to protect the identity of the
source or by providing a comprehensive summary of the substance of
the material. Whichever method is used, the board shall ensure that
full disclosure is made to the subject of any personal information
that could reasonably in any way reflect or convey anything
detrimental, disparaging, or threatening to a licensee's reputation,
rights, benefits, privileges, or qualifications, or be used by a
board to make a determination that would affect a licensee's rights,
benefits, privileges, or qualifications. The information required to
be disclosed pursuant to Section 803.1 shall not be considered among
the contents of a central file for the purposes of this subdivision.
(d) The licensee may, but is not required to, submit any
additional exculpatory or explanatory statement or other information
that the board shall include in the central file.
(e) Each board may permit any law enforcement or regulatory agency
when required for an investigation of unlawful activity or for
licensing, certification, or regulatory purposes to inspect and have
copies made of that licensee's file, unless the disclosure is
otherwise prohibited by law.
These disclosures shall effect no change in the confidential
status of these records.
SEC. 2. Section 803.1 of the Business and Professions Code is
amended to read:
803.1. (a) Notwithstanding any other provision of law, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
disclose to an inquiring member of the public information regarding
any enforcement actions taken against a licensee by either board or
by another state or jurisdiction, including all of the following:
(1) Temporary restraining orders issued.
(2) Interim suspension orders issued.
(3) Revocations, suspensions, probations, or limitations on
practice ordered by the board, including those made part of a
probationary order or stipulated agreement.
(4) Public letters of reprimand issued.
(5) Infractions, citations, or fines imposed.
(b) Notwithstanding any other provision of law, in addition to the
information provided in subdivision (a), the Medical Board of
California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public all of the following:
(1) Civil judgments in any amount, whether or not vacated by a
settlement after entry of the judgment, that were not reversed on
appeal and arbitration awards in any amount of a claim or action for
damages for death or personal injury caused by the physician and
surgeon's negligence, error, or omission in practice, or by his or
her rendering of unauthorized professional services.
(2) (A) All settlements in the possession, custody, or control of
the board shall be disclosed for a licensee in the low-risk category
if there are three or more settlements for that licensee within the
last 10 years, except for settlements by a licensee regardless of the
amount paid where (i) the settlement is made as a part of the
settlement of a class claim, (ii) the licensee paid in settlement of
the class claim the same amount as the other licensees in the same
class or similarly situated licensees in the same class, and (iii)
the settlement was paid in the context of a case where the complaint
that alleged class liability on behalf of the licensee also alleged a
products liability class action cause of action. All settlements in
the possession, custody, or control of the board shall be disclosed
for a licensee in the high-risk category if there are four or more
settlements for that licensee within the last 10 years except for
settlements by a licensee regardless of the amount paid where (i) the
settlement is made as a part of the settlement of a class claim,
(ii) the licensee paid in settlement of the class claim the same
amount as the other licensees in the same class or similarly situated
licensees in the same class, and (iii) the settlement was paid in
the context of a case where the complaint that alleged class
liability on behalf of the licensee also alleged a products liability
class action cause of action. Classification of a licensee in either
a "high-risk category" or a "low-risk category" depends upon the
specialty or subspecialty practiced by the licensee and the
designation assigned to that specialty or subspecialty by the Medical
Board of California, as described in subdivision (f). For the
purposes of this paragraph, "settlement" means a settlement of an
action described in paragraph (1) entered into by the licensee on or
after January 1, 2003, in an amount of thirty thousand dollars
($30,000) or more.
(B) The board shall not disclose the actual dollar amount of a
settlement but shall put the number and amount of the settlement in
context by doing the following:
(i) Comparing the settlement amount to the experience of other
licensees within the same specialty or subspecialty, indicating if it
is below average, average, or above average for the most recent
10-year period.
(ii) Reporting the number of years the licensee has been in
practice.
(iii) Reporting the total number of licensees in that specialty or
subspecialty, the number of those who have entered into a settlement
agreement, and the percentage that number represents of the total
number of licensees in the specialty or subspecialty.
(3) Current American Board of Medical Specialty certification or
board equivalent as certified by the Medical Board of California, the
Osteopathic Medical Board of California, or the California Board of
Podiatric Medicine.
(4) Approved postgraduate training.
(5) Status of the license of a licensee. By January 1, 2004, the
Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
adopt regulations defining the status of a licensee. The board shall
employ this definition when disclosing the status of a licensee
pursuant to Section 2027.
(6) (A) Any summaries of hospital disciplinary actions that result
in the termination or revocation of a licensee's staff privileges
for medical disciplinary cause or reason.
(B) With respect to a physician and surgeon licensed by the
Medical Board of California, both of the following shall apply:
(B) The Medical Board of California
(i) The board shall include in
the information disclosed pursuant to subparagraph (A) any
exculpatory or explanatory statement regarding the hospital
disciplinary action provided by a licensed physician and surgeon
pursuant to subdivision (d) of Section 800.
(C) The Medical Board of California shall not disclose the
information described in subparagraph (A) with respect to a licensed
physician and surgeon if a court reverses the hospital disciplinary
action or if the board's independent investigation exonerates the
licensee from the charges forming the basis of the hospital
disciplinary action.
(ii) If a court reverses the hospital disciplinary action and the
licensee notifies the board of that reversal, both of the following
shall apply:
(I) The board shall not disclose a summary of the action pursuant
to this section.
(II) The board shall send a notice of the reversal to any members
of the public to whom the board previously disclosed a summary of the
action under this section.
(c) Notwithstanding any other provision of law, the Medical Board
of California, the Osteopathic Medical Board of California, and the
California Board of Podiatric Medicine shall disclose to an inquiring
member of the public information received regarding felony
convictions of a physician and surgeon or doctor of podiatric
medicine.
(d) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine may
formulate appropriate disclaimers or explanatory statements to be
included with any information released, and may by regulation
establish categories of information that need not be disclosed to an
inquiring member of the public because that information is unreliable
or not sufficiently related to the licensee's professional practice.
The Medical Board of California, the Osteopathic Medical Board of
California, and the California Board of Podiatric Medicine shall
include the following statement when disclosing information
concerning a settlement:
"Some studies have shown that there is no significant correlation
between malpractice history and a doctor's competence. At the same
time, the State of California believes that consumers should have
access to malpractice information. In these profiles, the State of
California has given you information about both the malpractice
settlement history for the doctor's specialty and the doctor's
history of settlement payments only if in the last 10 years, the
doctor, if in a low-risk specialty, has three or more settlements or
the doctor, if in a high-risk specialty, has four or more
settlements. The State of California has excluded some class action
lawsuits because those cases are commonly related to systems issues
such as product liability, rather than questions of individual
professional competence and because they are brought on a class basis
where the economic incentive for settlement is great. The State of
California has placed payment amounts into three statistical
categories: below average, average, and above average compared to
others in the doctor's specialty. To make the best health care
decisions, you should view this information in perspective. You could
miss an opportunity for high-quality care by selecting a doctor
based solely on malpractice history.
When considering malpractice data, please keep in mind:
Malpractice histories tend to vary by specialty. Some specialties
are more likely than others to be the subject of litigation. This
report compares doctors only to the members of their specialty, not
to all doctors, in order to make an individual doctor's history more
meaningful.
This report reflects data only for settlements made on or after
January 1, 2003. Moreover, it includes information concerning those
settlements for a 10-year period only. Therefore, you should know
that a doctor may have made settlements in the 10 years immediately
preceding January 1, 2003, that are not included in this report.
After January 1, 2013, for doctors practicing less than 10 years, the
data covers their total years of practice. You should take into
account the effective date of settlement disclosure as well as how
long the doctor has been in practice when considering malpractice
averages.
The incident causing the malpractice claim may have happened years
before a payment is finally made. Sometimes, it takes a long time
for a malpractice lawsuit to settle. Some doctors work primarily with
high-risk patients. These doctors may have malpractice settlement
histories that are higher than average because they specialize in
cases or patients who are at very high risk for problems.
Settlement of a claim may occur for a variety of reasons that do
not necessarily reflect negatively on the professional competence or
conduct of the doctor. A payment in settlement of a medical
malpractice action or claim should not be construed as creating a
presumption that medical malpractice has occurred.
You may wish to discuss information in this report and the general
issue of malpractice with your doctor."
(e) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall,
by regulation, develop standard terminology that accurately
describes the different types of disciplinary filings and actions to
take against a licensee as described in paragraphs (1) to (5),
inclusive, of subdivision (a). In providing the public with
information about a licensee via the Internet pursuant to Section
2027, the Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
not use the terms "enforcement," "discipline," or similar language
implying a sanction unless the physician and surgeon has been the
subject of one of the actions described in paragraphs (1) to (5),
inclusive, of subdivision (a).
(f) The Medical Board of California shall adopt regulations no
later than July 1, 2003, designating each specialty and subspecialty
practice area as either high risk or low risk. In promulgating these
regulations, the board shall consult with commercial underwriters of
medical malpractice insurance companies, health care systems that
self-insure physicians and surgeons, and representatives of the
California medical specialty societies. The board shall utilize the
carriers' statewide data to establish the two risk categories and the
averages required by subparagraph (B) of paragraph (2) of
subdivision (b). Prior to issuing regulations, the board shall
convene public meetings with the medical malpractice carriers,
self-insurers, and specialty representatives.
(g) The Medical Board of California, the Osteopathic Medical Board
of California, and the California Board of Podiatric Medicine shall
provide each licensee with a copy of the text of any proposed public
disclosure authorized by this section prior to release of the
disclosure to the public. The licensee shall have 10 working days
from the date the board provides the copy of the proposed public
disclosure to propose corrections of factual inaccuracies. Nothing in
this section shall prevent the board from disclosing information to
the public prior to the expiration of the 10-day period.
(h) Pursuant to subparagraph (A) of paragraph (2) of subdivision
(b), the specialty or subspecialty information required by this
section shall group physicians by specialty board recognized pursuant
to paragraph (5) of subdivision (h) of Section 651 unless a
different grouping would be more valid and the board, in its
statement of reasons for its regulations, explains why the validity
of the grouping would be more valid.
SEC. 3. Section 805.3 is added to the Business and Professions
Code, to read:
805.3. (a) A peer review body shall
annually report to the Medical Board of California on its peer review
activities involving licensees of that board and shall comply with
any requests from that board for more detailed information.
The
(b) The Medical Board of California shall include a summary of the
reports received pursuant to this section during the most recent
four-year period in the report required under Section 474.2.
(c) Any information reported
pursuant to this section shall be kept confidential.
SEC. 4. Section 805.5 of the Business and Professions Code is
amended to read:
805.5. (a) Prior to granting or renewing staff privileges for any
physician and surgeon, psychologist, podiatrist, or dentist, any
health facility licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code, or any health care
service plan or medical care foundation, or the medical staff of the
institution shall request a report from the Medical Board of
California, the Board of Psychology, the Osteopathic Medical Board of
California, or the Dental Board of California to determine if any
report has been made pursuant to Section 805 indicating that the
applying physician and surgeon, psychologist, podiatrist, or dentist
has been denied staff privileges, been removed from a medical staff,
or had his or her staff privileges restricted as provided in Section
805. The request shall include the name and California license number
of the physician and surgeon, psychologist, podiatrist, or dentist.
Furnishing of a copy of the 805 report shall not cause the 805 report
to be a public record.
(b) Upon a request made by, or on behalf of, an institution
described in subdivision (a) or its medical staff, which is received
on or after January 1, 1980, the board shall furnish a copy of any
report made pursuant to Section 805. However, the board shall not
send a copy of a report (1) if the denial, removal, or restriction
was imposed solely because of the failure to complete medical
records, (2) if the board has found the information reported is
without merit, or (3) if a period of three years has elapsed since
the report was submitted. This three-year period shall be tolled
during any period the licentiate has obtained a judicial order
precluding disclosure of the report, unless the board is finally and
permanently precluded by judicial order from disclosing the report.
In the event a request is received by the board while the board is
subject to a judicial order limiting or precluding disclosure, the
board shall provide a disclosure to any qualified requesting party as
soon as practicable after the judicial order is no longer in force.
In the event that the board fails to advise the institution within
30 working days following its request for a report required by this
section, the institution may grant or renew staff privileges for the
physician and surgeon, psychologist, podiatrist, or dentist.
(c) With respect to the Medical Board of California, both of the
following shall apply:
(1) In addition to the circumstances identified in subdivision
(b), the board shall not send a copy of a report made
pursuant to Section 805 an 805 report if a court
reverses the denial, removal, or restriction.
In addition, the board shall not send a copy of a report
made pursuant to subdivision (e) of Section 805, regarding the
imposition of a summary suspension of staff privileges, membership,
or employment, unless the board confirms, by independent
investigation, that the suspension is supported by substantial
evidence of risk to patients. restriction and the
licensee notifies the board of that reversal. If the board receives
notice of the reversal after sending a copy of an 805 report pursuant
to this section, the board shall send a notice of the reversal to
all entities to which the board previously sent the copy.
(2) The board shall include with the copy of the 805 report
furnished under this section any exculpatory or explanatory statement
made regarding the report pursuant to subdivision (d) of Section
800.
(d) Any institution described in subdivision (a) or its medical
staff that violates subdivision (a) is guilty of a misdemeanor and
shall be punished by a fine of not less than two hundred dollars
($200) nor more than one thousand two hundred dollars ($1,200).
SEC. 5. Section 805.8 is added to the Business and Professions
Code, to read:
805.8. (a) For purposes of this section, the following
definitions apply:
(1) "Board" means the Medical Board of California.
(2) "Physician and surgeon" means a physician and surgeon licensed
by the board.
(b) A peer review body shall administer an early detection and
resolution program (EDR) in which all of the following occur:
(1) The peer review body, where it deems appropriate, gives a
physician and surgeon, who is the subject of a final proposed action
for which an 805 report is required to be filed, the option of
completing EDR.
(2) The peer review body requires the physician and surgeon
participating in EDR to do any of the following for a period of time
designated by the peer review body as a condition of completion of
EDR:
(A) Be observed during patient care interventions by another
physician and surgeon.
(B) Consult another physician and surgeon prior to implementing a
course of care.
(C) Complete education or training designated by the peer review
body.
(c) Notwithstanding Section 809.1 or 809.2, a physician and
surgeon shall not have a right to a hearing concerning the peer
review body's final proposed action while participating in or after
successfully completing EDR. The time limit to request this hearing
shall be tolled pending the physician and surgeon's successful
completion of EDR.
(d) The peer review body acting pursuant to subdivision (b) shall
not file an 805 report for any action that resulted in referral to
EDR while a physician and surgeon participates in EDR or after the
physician and surgeon successfully completes EDR.
(e) A physician and surgeon who successfully completes EDR shall
not be subject to any disciplinary action by the peer review body
acting pursuant to subdivision (b) or the board for any action that
resulted in referral to EDR. However, a physician and surgeon's
successful completion of or participation in EDR shall not
preclude the peer review body or the board from
investigating or continuing to investigate, or from taking or
continuing to take disciplinary action against, a physician and
investigating or taking disciplinary action against
the physician and surgeon for any unprofessional conduct that
does not serve as a did not serve as the
basis for referral to EDR. In addition, the peer review
body and the board may investigate and take disciplinary action
against a physician and surgeon who successfully completes EDR if the
physician and surgeon resumes the unprofessional conduct that
previously resulted in referral to EDR.
(f) The time limit for filing an accusation under Section 2230.5
shall be tolled from the date on which a peer review body notifies
the board of the physician and surgeon's participation in EDR under
subdivision (h) until the date that the board receives notice from
the peer review body that the physician and surgeon failed to
successfully complete EDR under subdivision (h).
(g) A physician and surgeon participating in EDR shall not
establish staff privileges at any new facility while participating in
EDR.
(h) A peer review body shall notify the board of a physician and
surgeon's participation in EDR. A peer review body shall also provide
that notification to health care facilities at which the physician
and surgeon has staff privileges. The peer review body shall also
notify the board and those health care facilities when that
participation has ceased, including whether or not the physician and
surgeon successfully
completed EDR.
(i) Costs incurred in connection with EDR shall be the sole
responsibility of the participating physician and surgeon.
(j) Except for disclosures to the board and health care facilities
required under subdivision (h), a peer review body shall not
disclose information obtained in administering EDR that individually
identifies patients, participants in EDR, individual health care
professionals, peer review bodies, or their committees or members, or
individual health care facilities.
SEC. 6. Section 2027 of the Business and Professions Code is
amended to read:
2027. (a) The board shall post on the Internet the following
information in its possession, custody, or control regarding licensed
physicians and surgeons:
(1) With regard to the status of the license, whether or not the
licensee is in good standing, subject to a temporary restraining
order (TRO), subject to an interim suspension order (ISO), or subject
to any of the enforcement actions set forth in Section 803.1.
(2) With regard to prior discipline, whether or not the licensee
has been subject to discipline by the board or by the board of
another state or jurisdiction, as described in Section 803.1.
(3) Any felony convictions reported to the board after January 3,
1991.
(4) All current accusations filed by the Attorney General,
including those accusations that are on appeal. For purposes of this
paragraph, "current accusation" shall mean an accusation that has not
been dismissed, withdrawn, or settled, and has not been finally
decided upon by an administrative law judge and the Medical Board of
California unless an appeal of that decision is pending.
(5) Any malpractice judgment or arbitration award reported to the
board after January 1, 1993.
(6) Any hospital disciplinary actions that resulted in the
termination or revocation of a licensee's hospital staff privileges
for a medical disciplinary cause or reason. The board shall also post
any exculpatory or explanatory statement regarding those hospital
disciplinary actions provided by the licensee pursuant to subdivision
(d) of Section 800.
(7) Any misdemeanor conviction that results in a disciplinary
action or an accusation that is not subsequently withdrawn or
dismissed.
(8) Appropriate disclaimers and explanatory statements to
accompany the above information, including an explanation of what
types of information are not disclosed. These disclaimers and
statements shall be developed by the board and shall be adopted by
regulation.
(9) Any information required to be disclosed pursuant to Section
803.1.
(b) (1) From January 1, 2003, the information described in
paragraphs (1) (other than whether or not the licensee is in good
standing), (2), (4), (5), (7), and (9) of subdivision (a) shall
remain posted for a period of 10 years from the date the board
obtains possession, custody, or control of the information, and after
the end of that period shall be removed from being posted on the
board's Internet Web site. Information in the possession, custody, or
control of the board prior to January 1, 2003, shall be posted for a
period of 10 years from January 1, 2003. Settlement information
shall be posted as described in paragraph (2) of subdivision (b) of
Section 803.1.
(2) The information described in paragraphs (3) and (6) of
subdivision (a) shall not be removed from being posted on the board's
Internet Web site. Notwithstanding the provisions of this paragraph,
if a licensee's hospital staff privileges are restored and the
licensee notifies the board of the restoration, the information
pertaining to the termination or revocation of those privileges, as
described in paragraph (6) of subdivision (a), shall remain posted
for a period of 10 years from the restoration date of the privileges,
and at the end of that period shall be removed from being posted on
the board's Internet Web site.
(c) Notwithstanding subdivision (a) or paragraph (2) of
subdivision (b), the board shall remove and shall not post the
information described in paragraph (6) of subdivision (a) if a court
reverses the hospital disciplinary action or if the board's
independent investigation exonerates the licensee from the charges
forming the basis of the hospital disciplinary action.
and the licensee notifies the board of that reversal.
(d) The board shall provide links to other Web sites on the
Internet that provide information on board certifications that meet
the requirements of subdivision (b) of Section 651. The board may
provide links to other Web sites on the Internet that provide
information on health care service plans, health insurers, hospitals,
or other facilities. The board may also provide links to any other
sites that would provide information on the affiliations of licensed
physicians and surgeons.
SEC. 7. Section 2191.5 is added to the Business and Professions
Code, to read:
2191.5. The board shall adopt and administer standards allowing a
physician and surgeon to receive credit for up to 10 hours of
continuing education each year for participating in a peer review
body without compensation. For purposes of this section, "peer review
body" has the same meaning as that term is defined in Section 805.
