Negrete McLeod
Author
Existing law provides for the professional review of specified healing arts licentiates through a peer review process. This bill would define the term "peer review" for purposes of those provisions. Under existing law, specified persons are required to file a report, designated as an "805 report," with a licensing board within 15 days after a specified action is taken against a person licensed by that board. This bill would also require specified persons to file a report with a licensing board within 15 days after a peer review body makes a decision or recommendation regarding the disciplinary action to be taken against a licentiate of that board based on the peer review body's determination, following formal investigation, that the licentiate may have engaged in various acts, including incompetence, substance abuse, excessive prescribing or furnishing of controlled substances, or sexual misconduct, among other things. The bill would authorize the board to inspect and copy certain documents in the record of that investigation. Existing law requires the board to maintain an 805 report for a period of 3 years after receipt. This bill would require the board to maintain the report electronically. Existing law authorizes the Medical Board of California, the Osteopathic Medical Board of California, and the Dental Board of California to inspect and copy certain documents in the record of any disciplinary proceeding resulting in action that is required to be reported in an 805 report. This bill would specify that the boards have the authority to also inspect, as permitted by other applicable law, any certified copy of medical records in the record of the disciplinary proceeding. Existing law requires specified healing arts boards to maintain a central file of their licensees containing, among other things, disciplinary information reported through 805 reports. Under this bill, if a court finds, in a final judgment, 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 would be required to include that finding in the licensee's central file. Existing law requires the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine to disclose an 805 report to specified health care entities and to disclose certain hospital disciplinary actions to inquiring members of the public. Existing law also requires the Medical Board of California to post hospital disciplinary actions regarding its licensees on the Internet. This bill would prohibit those disclosures, and would require the Medical Board of California to remove certain information posted on the Internet, if a court finds, in a final judgment, that the peer review resulting in the 805 report or the hospital disciplinary action was conducted in bad faith and the licensee notifies the board of that finding. The bill would also require the Medical Board of California to include certain exculpatory or explanatory statements in those disclosures or postings and would require the board to post on the Internet a factsheet that explains and provides information on the 805 reporting requirements. Existing law also requires the Medical Board of California, the Osteopathic Medical Board of California, and the California Board of Podiatric Medicine to disclose to an inquiring member of the public information regarding enforcement actions taken against a licensee by the board or by another state or jurisdiction. This bill would also require those boards to make those disclosures regarding enforcement actions taken against former licensees. The bill would make related technical and nonsubstantive changes.
Approved by Governor.
Chaptered by Secretary of State. Chapter 505, Statutes of 2010.
Enrolled. To Governor at 11:45 a.m.
Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4892.) To enrollment.
In Senate. To unfinished business.
Assembly Rule 69(d) suspended. (Page 6463.)
Read third time. Passed. (Ayes 76. Noes 0. Page 6498.) To Senate.
Read third time. Amended. (Page 6428.) To third reading.
From Consent Calendar to third reading.
Read second time. To Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)
(Heard in committee on August 4.)
(Heard in committee on March 23.)
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.
To Com. on B. & P.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 35. Noes 0. Page 2735.) To Assembly.
Read second time. To third reading.
From inactive file to second reading file.
Read second time. Amended. To second reading.
Placed on inactive file on request of Senator Negrete McLeod.
Senate Rule 43 suspended. (Ayes 30. Noes 1. Page 1373.)
Placed on third reading.
Withdrawn from committee.
Read third time. Refused passage. (Ayes 17. Noes 16. Page 1198.)
Motion to reconsider made by Senator Negrete McLeod.
Reconsideration granted.
(Ayes 39. Noes 0. Page 1198.)
Read second time. To third reading.
Read third time. Amended. To second reading.
Reconsideration granted.
Motion to reconsider made by Senator Negrete McLeod.
Read third time. Refused passage. (Ayes 19. Noes 15. Page 901.)
Read second time. To third reading.
Read third time. Amended. To second reading.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing May 4.
Read second time. Amended. Re-referred to Com. on APPR.
From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 581.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.
Set for hearing April 20.
Hearing postponed by committee.
Set for hearing April 13.
To Coms. on B., P. & E.D. and RLS.
Read first time.
From print. May be acted upon on or after March 30.
Introduced. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB700 | HTML |
| 02/27/09 - Introduced | |
| 04/13/09 - Amended Senate | |
| 04/22/09 - Amended Senate | |
| 05/11/09 - Amended Senate | |
| 05/20/09 - Amended Senate | |
| 01/26/10 - Amended Senate | |
| 08/20/10 - Amended Assembly | |
| 08/27/10 - Enrolled | |
| 09/29/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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