Jerry Hill
- Democratic
Author
Existing law provides that it is a cause for suspension, disbarment, or other discipline for an attorney to agree or seek agreement that the professional misconduct or the terms of a settlement of a claim for professional misconduct are not to be reported to the disciplinary agency, or to agree or seek agreement that the plaintiff shall withdraw a disciplinary complaint or not cooperate with an investigation or prosecution conducted by the disciplinary agency. Existing law prohibits a physician and surgeon from including specified provisions in an agreement to settle a civil dispute arising from his or her practice. Except as specified, existing law authorizes any interested person to petition a state agency requesting the adoption of a regulation. This bill would prohibit a licensee who is regulated by the Department of Consumer Affairs or various boards, bureaus, or programs, or an entity or person acting as an authorized agent of a licensee, from including or permitting to be included a provision in an agreement to settle a civil dispute that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program, or that requires the other party to withdraw a complaint from the department, board, bureau, or program, except as specified. A licensee in violation of these provisions would be subject to disciplinary action by the board, bureau, or program. The bill would also prohibit a board, bureau, or program from requiring its licensees in a disciplinary action that is based on a complaint or report that has been settled in a civil action to pay additional moneys to the benefit of any plaintiff in the civil action. This bill would authorize a board, bureau, or program within the Department of Consumer Affairs to adopt a regulation exempting agreements to settle certain causes of action from these provisions.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 561, Statutes of 2012.
Enrolled and presented to the Governor at 11:25 a.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 15. Page 6325.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4695.).
Read second time. Ordered to third reading.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 3). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (June 18). Re-referred to Com. on JUD.
Referred to Coms. on B., P. & E.D. and JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 24. Page 4990.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 5.) (May 16).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 24). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
Read first time.
From printer. May be heard in committee March 27.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2570 | HTML |
| 02/24/12 - Introduced | |
| 08/06/12 - Amended Senate | |
| 08/31/12 - Enrolled | |
| 09/25/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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