Bill Text: CA SB815 | 2023-2024 | Regular Session | Amended
Bill Title: Healing arts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-09-30 - Chaptered by Secretary of State. Chapter 294, Statutes of 2023. [SB815 Detail]
Download: California-2023-SB815-Amended.html
Amended
IN
Assembly
September 05, 2023 |
Amended
IN
Assembly
July 12, 2023 |
Amended
IN
Senate
May 25, 2023 |
Amended
IN
Senate
May 08, 2023 |
Amended
IN
Senate
April 27, 2023 |
Introduced by Senator Roth (Principal coauthor: Assembly Member Berman) |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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The bill would provide that the conviction of any offense substantially related to the qualifications, functions, or duties of a physician and surgeon except those offenses that constitute cause for license revocation, as provided above, constitutes unprofessional conduct.
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The
bill would establish the standards of proof required for obtaining an order on a statement of issues or accusation for violation that would result in license suspension or revocation and for any other violation, as well as revoked probation.
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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 853 of the Business and Professions Code is amended to read:853.
(a) The Licensed Physicians and Dentists from Mexico Pilot Program is hereby created. This program shall allow up to 30 licensed physicians specializing in family practice, internal medicine, pediatrics, and obstetrics and gynecology, and up to 30 licensed dentists from Mexico to practice medicine or dentistry in California for a period not to exceed three years. The program shall also maintain an alternate list of program participants.SEC. 2.
Section 2001 of the Business and Professions Code is amended to read:2001.
(a) There is in the Department of Consumer Affairs a Medical Board of California that consists of 15 members, 7 of whom shall be public members.SEC. 3.
Section 2007 of the Business and Professions Code is amended to read:2007.
Members of the board shall only be appointed from persons who have beenSEC. 4.
Section 2019 of the Business and Professions Code is amended to read:2019.
The office of the board shall be in the City of Sacramento. Suboffices may be established in the Cities of Los Angeles, San Diego, and San Francisco or the environs of such cities.SEC. 3.SEC. 5.
Section 2020 of the Business and Professions Code is amended to read:2020.
(a) The board, by and with the approval of the director, may employ an executive director exempt from the provisions of the Civil Service Act and may also employ investigators, legal counsel, medical consultants, and other assistance as it may deem necessary to carry this chapter into effect. The board may fix the compensation to be paid for services subject to the provisions of applicable state laws and regulations and may incur other expenses as it may deem necessary. Investigators employed by the board shall be provided special training in investigating medical practice activities.SEC. 4.SEC. 6.
Section 2024.5 is added to the Business and Professions Code, to read:2024.5.
(a) The board shall establish a Complainant Liaison Unit comprised of board staff responsible for the following:SEC. 5.SEC. 7.
Section 2064.5 of the Business and Professions Code is amended to read:2064.5.
(a) Within 180 days after enrollment in a board-approved postgraduate training program pursuant to Section 2065, medical school graduates shall obtain a physician’s and surgeon’s postgraduate training license. To be considered for a postgraduate training license, the applicant shall submit the application forms and primary source documents required by the board, shall successfully pass all required licensing examinations, shall pay a nonrefundable application and processing fee, and shall not have committed any act that would be grounds for denial.SEC. 6.SEC. 8.
Section 2065 of the Business and Professions Code is amended to read:2065.
(a) Unless otherwise provided by law, no postgraduate training licensee, intern, resident, postdoctoral fellow, or instructor may engage in the practice of medicine, or receive compensation therefor, or offer to engage in the practice of medicine unless they hold a valid, unrevoked, and unsuspended physician’s and surgeon’s certificate issued by the board. However, a graduate of an approved medical school may engage in the practice of medicine whenever and wherever required as a part of a postgraduate training program under the following conditions:SEC. 7.SEC. 9.
Section 2096 of the Business and Professions Code is amended to read:2096.
(a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be issued, each applicant, including an applicant applying pursuant to Article 5 (commencing with Section 2105), shall show by evidence satisfactory to the board that the applicant has received credit for at least 12 months of board-approved postgraduate training for graduates of medical schools in the United States and Canada or 24 months of board-approved postgraduate training for graduates of foreign medical schools approved by the board pursuant to Section 2084 other than Canadian medical schools, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the applicant participated.SEC. 8.SEC. 10.
Section 2097 of the Business and Professions Code is amended to read:2097.
(a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be renewed, at the time of initial renewal, a physician and surgeon shall show evidence satisfactory to the board that the licensee has received credit for at least 36 months of board-approved postgraduate training, pursuant to the attestation of the program director, designated institutional official, or delegated authority for the approved postgraduate training program where the applicant participated, except licensees or applicants who meet the requirements of Section 2135, 2135.5, 2151, 2428, or by a licensee or applicant using clinical practice in an appointment under Section 2113 as qualifying time to meet the postgraduate training requirements in Section 2065.SEC. 9.SEC. 11.
Section 2220.1 is added to the Business and Professions Code, to read:2220.1.
(a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin.SEC. 10.SEC. 12.
Section 2220.2 is added to the Business and Professions Code, to read:2220.2.
(a) For purposes of this section, “patient representative” means the spouse or domestic partner of the patient, a person responsible for the care of the patient, or the patient’s next of kin.SEC. 11.SEC. 13.
Section 2224 of the Business and Professions Code is amended to read:2224.
(a) The board may delegate the authority under this chapter to conduct investigations and inspections and to institute proceedings to the executive director of the board or to other personnel as set forth in Section 2020. The board shall not delegate its authority to take final disciplinary action against a licensee as provided in Section 2227 and other provisions of this chapter. The board shall not delegate any authority of the Senior Assistant Attorney General of the Health Quality Enforcement Section or any powers vested in the administrative law judges of the Office of Administrative Hearings, as designated in Section 11371 of the Government Code.SEC. 12.SEC. 14.
Section 2225.5 of the Business and Professions Code is amended to read:2225.5.
(a) (1) A licensee who fails or refuses to comply with a request for the certified medical records of a patient, that is accompanied by that patient’s written authorization for release of records to the board, within 15 days of receiving the request and authorization, shall pay to the board a civil penalty of one thousand dollars ($1,000) per day for each day that the documents have not been produced after the 15th day, up to ten thousand dollars ($10,000), unless the licensee is unable to provide the documents within this time period for good cause.SEC. 13.SEC. 15.
Section 2225.7 is added to the Business and Professions Code, to read:2225.7.
When requested by an authorized officer of the law or by an authorized representative of the board, the owner, corporate officer, or manager of an entity licensed by the Board of Pharmacy shall provide the board, or its authorized representative, with the requested records within three business days of the time the request was made. The entity may request in writing an extension of this timeframe for a period not to exceed 14 calendar days from the date the records were requested. A request for an extension of time is subject to the approval of the board. An extension shall be deemed approved if the board fails to deny the extension request within two business days of the time the extension request was made directly to the board.(a)(1)Notwithstanding Section 2236, conviction of a felony by a licensee, where the conviction involves moral turpitude, dishonesty or corruption, fraud, or sexual assault, whether in the course of the licensee’s actions as a physician and surgeon or otherwise, constitutes cause for license revocation.
(2)No expert witness testimony is required to prove the relationship between the felony conviction and the practice of medicine.
(b)A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
(c)Following the conviction of a felony as described in subdivision (a), the board shall suspend the physician until the time for appeal has elapsed if no appeal has been taken, or until the judgment of conviction has been affirmed on appeal, or has otherwise become final, and until the further order of the board. The board may decline to impose or may set aside, the suspension when it appears to be in the interest of justice to do so, with due regard being given to maintaining the integrity of, and confidence in, the profession. At such time as the time for appeal has elapsed with no appeal having been taken, or the judgment of conviction has been affirmed on appeal, or the judgment of conviction has otherwise become final, the board shall issue an order of revocation in the matter. If the related conviction of the licensee is overturned on appeal, no revocation order shall be issued as to that conviction and any suspension order issued pursuant to the above shall be rescinded. Nothing in this subdivision shall prohibit the board from pursuing disciplinary action based on any cause other than the overturned conviction.
(d)(1)If the board takes action to issue an order of revocation as provided in subdivision (c), the board shall notify the licensee of the license revocation and of their right to elect to have a hearing as provided in paragraph (2).
(2)Upon revocation of the physician’s and surgeon’s certificate, the holder may request a hearing within 30 days of the revocation. The proceeding shall be conducted in accordance with the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 16.
Section 2232.5 is added to the Business and Professions Code, to read:2232.5.
(a) (1) Notwithstanding Section 2236, the board or its designee shall automatically suspend a license following a conviction of a felony by a licensee, where the conviction involves a violation of one or more of the statutes identified in subdivision (b) whether in the course of the licensee’s practice as a physician and surgeon or otherwise.SEC. 15.SEC. 17.
Section 2234 of the Business and Professions Code is amended to read:2234.
The 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)The conviction of any offense other than those that constitute cause for license revocation pursuant to Section 2232.5 substantially related to the qualifications, functions, or duties of a physician and surgeon constitutes unprofessional conduct within the meaning of this chapter.
(b)The district attorney, city attorney, or other prosecuting agency shall notify the Division of Medical Quality of the pendency of an action against a licensee charging a felony or misdemeanor immediately upon obtaining information that the defendant is a licensee. The notice shall identify the licensee and describe the crimes charged and the facts alleged. The
prosecuting agency shall also notify the clerk of the court in which the action is pending that the defendant is a licensee, and the clerk shall record prominently in the file that the defendant holds a license as a physician and surgeon.
(c)The clerk of the court in which a licensee is convicted of a crime shall, within 48 hours after the conviction, transmit a certified copy of the record of conviction to the board. The division may inquire into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the conviction is of an offense substantially related to the qualifications, functions, or duties of a physician and surgeon.
(d)A plea or verdict of guilty or a conviction after a plea of nolo contendere is deemed to be
a conviction within the meaning of this section and Section 2236.1. The record of conviction shall be conclusive evidence of the fact that the conviction occurred.
SEC. 17.SEC. 18.
Section 2266 of the Business and Professions Code is amended to read:2266.
The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients for at least seven years after the last date of service to a patient constitutes unprofessional conduct.SEC. 19.
Section 2270 of the Business and Professions Code is repealed.(a)It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.
(b)For purposes of this section, the following definitions shall apply:
(1)“Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(2)“Disinformation” means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(3)“Disseminate” means the conveyance of information from the licensee to a patient under the licensee’s care in the form of treatment or advice.
(4)“Misinformation” means false information that is contradicted by contemporary scientific consensus contrary to the standard of care.
(5)“Physician and surgeon” means a person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(c)Section 2314 shall not apply to this section.
SEC. 18.SEC. 20.
Section 2307 of the Business and Professions Code is amended to read:2307.
(a) Except as provided in subdivision (i), a person whose certificate has been surrendered while under investigation or while charges are pending or whose certificate has been revoked or suspended or placed on probation, may petition the board for reinstatement or modification of penalty, including modification or termination of probation.SEC. 19.SEC. 21.
Section 2307.5 is added to the Business and Professions Code, to read:2307.5.
(a) The board may establish a fee to be paid by a person seeking a license reinstatement or modification of penalty pursuant to Section 2307.SEC. 20.SEC. 22.
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:(a)The standard of proof required to obtain an order on an accusation for a violation that would result in license suspension or revocation shall be a clear and convincing evidence standard.
(b)The standard of proof required to obtain an order on a statement of issues, an accusation
that would result in any other form of discipline, or to revoke probation, shall be a preponderance of the evidence standard.
SEC. 22.SEC. 23.
Section 2425 of the Business and Professions Code is amended to read:2425.
(a) The Division of Licensing may prepare and provide electronically or mail to every licensed physician at the time of license renewal a questionnaire containing any questions as are necessary to establish that the physician currently has no disorder that would impair the physician’s ability to practice medicine safely.SEC. 23.SEC. 24.
Section 2435 of the Business and Professions Code is amended to read:2435.
The following fees apply to the licensure of physicians and surgeons:(g)