SB 58

Bill Subjects

Abstract

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. 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 certain disciplinary information if a court reverses a disciplinary action reported pursuant to Section 805 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.