Healing arts.

(1) Existing law provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California, physicians and surgeons by the Medical Board of California (Medical Board) , and podiatrists by the California Board of Podiatric Medicine. Existing law requires those licensees, insurers providing professional liability insurance to those licensees, and governmental agencies that self-insure those licensees to report specified settlements, arbitration awards, or civil judgments to the licensee's board if based on the licensee's alleged negligence, error, or omission in practice or his or her rendering of unauthorized professional services. This bill would specify that the reporting requirements apply to the University of California, as specified. With respect to a governmental agency required to submit a report, including a local governmental agency, the bill would require the agency to, prior to submitting a report, provide written notice of its intention to file a report to the affected licensee and provide the licensee with an opportunity to respond to the agency, as specified. By imposing new duties on local agencies, the bill would impose a state-mandated local program. Existing law requires licensees and insurers required to make these reports to send a copy of the report to the claimant or his or her counsel and requires a claimant or his or her counsel who does not receive a copy of the report within a specified time period to make the report to the appropriate board. Existing law makes a failure of a licensee, claimant, or counsel to comply with these requirements a public offense punishable by a specified fine. This bill would require any entity or person required to make a report to notify the claimant or his or her counsel that the report has been sent to the appropriate board and would require the claimant or his or her counsel to make the report if the notice is not received within a specified time. The bill would also make a failure to substantially comply with any of the reporting requirements an infraction punishable by a specified fine. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires these reports to include certain information, including a brief description of the facts of each claim, charge, or allegation, and the amount of the judgment or award and the date of its entry or service. This bill would eliminate the requirement that this description be brief and would require the description to also include the role of each physician and surgeon or podiatrist in the care or professional services provided to the patient, as specified. The bill would also require the report to include a copy of the judgment or award. (2) The Medical Practice Act provides for the regulation of physicians and surgeons by the Medical Board, and provides that the protection of the public is the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. This bill would prohibit any entity that provides early intervention, patient safety, or risk management programs to patients, or contracts for those programs for patients, from requiring that a patient waive his or her rights to contact or cooperate with the board, or to file a complaint with the board. (3) Existing law authorizes the Medical Board to appoint panels from its members for the purposes of fulfilling specified obligations and prohibits the president of the board from serving as a member of a panel. This bill would allow the president of the board to serve as a member of a panel if there is a vacancy in the membership of the board. (4) Under existing law, a physician and surgeon or podiatrist who fails to comply with a patient's medical record request, as specified, within 15 days, or who fails or refuses to comply with a court order mandating release of records, is required to pay a civil penalty of $1,000 per day, as specified. This bill would place a limit of $10,000 on those civil penalties and would make other related changes, including providing a definition of "certified medical records," as specified. (5) Existing law prescribes the disciplinary action that may be taken against a physician and surgeon or podiatrist. Among other things, existing law authorizes the licensee to be publicly reprimanded. This bill would authorize the public reprimand to include a requirement that the licensee complete educational courses approved by the board. (6) Existing law requires the Medical Board to request a licensed physician and surgeon to report, at the time of license renewal, any specialty board certification he or she holds, as specified. Existing law also authorizes a licensed physician and surgeon to report to the board, at the time of license renewal, information regarding his or her cultural background and foreign language proficiency. This bill would instead require licensees to provide that information at the time of license renewal and immediately upon issuance of an initial license, except as specified. Existing law requires a licensed physician and surgeon to also report, at the time of license renewal, his or her practice status, as specified. This bill would also require that this information be provided immediately upon issuance of an initial license. (7) Existing law creates the Health Quality Enforcement Section within the Department of Justice with the primary responsibility of investigating and prosecuting proceedings against licensees and applicants within the jurisdiction of the Medical Board and various other boards. Existing law simultaneously assigns a complaint received by the Medical Board to an investigator and a deputy attorney general, as specified. Existing law makes these provisions inoperative on July 1, 2010. Existing law also requires the Medical Board, in consultation with specified agencies, to report and make recommendations to the Governor and the Legislature on this prosecution model by July 1, 2009. This bill would extend the operation of those provisions until January 1, 2013. The bill would require the Medical Board to establish and implement a plan to assist in team building between its enforcement staff and the staff of the Health Quality Enforcement Section in order to ensure a common and consistent knowledge base. The bill would also require the Medical Board to, in consultation with specified agencies, report and make recommendations to the Governor and the Legislature on this enforcement and prosecution model by March 1, 2012. The bill would make other related changes. (8) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.