SB 920

Bill Subjects

Abstract

Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law provides that the board is the only licensing board authorized to investigate or commence disciplinary actions relating to physicians and surgeons, as specified. This bill would authorize a board investigator and a medical consultant, at the discretion of the board, to inspect the business location and records of a physician or surgeon, including patient and client records. The bill would provide that in the case where consent of a patient to inspect patient records is not present, the board investigator and medical consultant may inspect records in the office of the licensee for the limited purpose of determining whether good cause exists to seek a subpoena for those records. Existing law, the Pharmacy Law, provides for the licensure and regulation of the practice of pharmacy by the 13-member California State Board of Pharmacy, which is within the Department of Consumer Affairs. This bill would authorize the Medical Board of California to request records and other information from a pharmacist in conducting an investigation of a licensee. The bill would require a pharmacist receiving that request to respond in the same manner and timeframe as if the request came from the California State Board of Pharmacy. The Medical Practice Act also establishes the procedures for formal disciplinary proceedings, and requires that complainants against licensees who are subject to disciplinary proceedings be notified of the actions proposed to be taken against the licensee, as provided. The act allows complainants the opportunity to provide a statement to the deputy attorney general from the Health Quality Enforcement Section who is assigned the case. Under the act, these statements are not considered for purposes of adjudication, but may be considered after final adjudication for purposes of setting generally applicable policies and standards. This bill would also allow these statements to be considered for purposes of adjudication, and would require these statements to be made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.