Bill Text: CA SB742 | 2011-2012 | Regular Session | Introduced

California Senate Bill 742 (Prior Session Legislation)

Introduced

Bill Title: Medicine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB742 Detail]

Download: California-2011-SB742-Introduced.html

BILL NUMBER: SB 742	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 18, 2011

   An act to amend Section 2234 of the Business and Professions Code,
relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 742, as introduced, Yee. Medicine.
   Existing law, the Medical Practice Act, provides for the licensing
of physicians and surgeons by the Medical Board of California.
Existing law requires the board to take action against any licensee
who is charged with unprofessional conduct, as specified.
   This bill would make a nonsubstantive clarifying change to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2234 of the Business and Professions Code is
amended to read:
   2234.  The  Division of Medical Quality  
board  shall take action against any licensee who is charged
with unprofessional conduct. In addition to other provisions of this
article, unprofessional conduct includes, but is not limited to, the
following:
   (a) Violating or attempting to violate, directly or indirectly,
assisting in or abetting the violation of, or conspiring to violate
any provision of this chapter.
   (b) Gross negligence.
   (c) Repeated negligent acts. To be repeated, there must be two or
more negligent acts or omissions. An initial negligent act or
omission followed by a separate and distinct departure from the
applicable standard of care shall constitute repeated negligent acts.

   (1) An initial negligent diagnosis followed by an act or omission
medically appropriate for that negligent diagnosis of the patient
shall constitute a single negligent act.
   (2) When the standard of care requires a change in the diagnosis,
act, or omission that constitutes the negligent act described in
paragraph (1), including, but not limited to, a reevaluation of the
diagnosis or a change in treatment, and the licensee's conduct
departs from the applicable standard of care, each departure
constitutes a separate and distinct breach of the standard of care.
   (d) Incompetence.
   (e) The commission of any act involving dishonesty or corruption
which is substantially related to the qualifications, functions, or
duties of a physician and surgeon.
   (f) Any action or conduct which would have warranted the denial of
a certificate.
   (g) The practice of medicine from this state into another state or
country without meeting the legal requirements of that state or
country for the practice of medicine. Section 2314 shall not apply to
this subdivision. This subdivision shall become operative upon the
implementation of the proposed registration program described in
Section 2052.5.