California 2009-2010 Regular Session Status: To Executive

SB 820 — Healing arts: peer review.

Last action — Stricken from Senate file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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. Existing law requires a peer review body that reviews physicians and surgeons to, under specified circumstances, report certain information to an obsolete diversion program within the Medical Board of California. This bill would instead require the report to be made directly to the executive director of the board and would make other conforming changes. The bill would make related nonsubstantive changes. The bill would also provide that it shall become operative only if AB 120 is also enacted and becomes operative. The bill would incorporate additional changes to Section 800 of the Business and Professions Code, proposed by SB 819, to be operative only if both bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill would incorporate additional changes to Section 805 of the Business and Professions Code, proposed by SB 821, to be operative only if both bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.

Bill Text

Action History

  1. Stricken from Senate file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 1 p.m.

  5. Senate concurs in Assembly amendments. (Ayes 40. Noes 0. Page 2385.) To enrollment.

  6. In Senate.

  7. Read third time. Passed. (Ayes 73. Noes 0. Page 3206.) To Senate.

  8. Read third time. Amended. (Page 3037.) To third reading.

  9. Read second time. To third reading.

  10. (Heard in committee on August 19.)

  11. From committee: Do pass. (Ayes 13. Noes 1.)

  12. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  13. (Heard in committee on July 7.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0.) Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  16. Hearing postponed by committee.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & P.

  18. To Com. on B. & P.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 36. Noes 0. Page 931.) To Assembly.

  21. To Special Consent Calendar.

  22. Read second time. To third reading.

  23. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  24. Set for hearing May 11.

  25. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0. Page 677.) Re-referred to Com. on APPR.

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., P. & E.D.

  27. Set for hearing April 27.

  28. To Com. on B., P. & E.D.

  29. From print. May be acted upon on or after April 10.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Aanestad · Cosponsor
  • Negrete McLeod · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 1 voted No

Sponsors (1)

  • Negrete McLeod

Co-sponsors (1)

  • Aanestad

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Supp 1 SB820 Negrete McLeod Concurrence

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Harman — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Alquist — Yea
Benoit — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Oropeza — Yea
Steinberg — Yea
Wright — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 820 Negrete McLeod Senate Third Reading By RUSKIN

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Charles — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Audra — Yea
Bill — Not Voting
Yamada — Yea
Chesbro — Not Voting
Hagman — Not Voting
Mendoza — Not Voting
Bass — Yea
Duvall — Not Voting
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Miller — Not Voting
Nestande — Yea
Nielsen — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Eng — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 16103
Democratic 0100
Republican 0001
Total 16204
% of votes cast 73%9%0%18%
How each member voted (22)
Member Party Vote
Conway — Yea
Hall — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Nay
Audra — Not Voting
Hill — Yea
Duvall — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Not Voting
Miller — Not Voting
Skinner — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Nay
Strickland, Tony Republican Not Voting

Official roll call →

Special Consent #5 SB820 Committee on B.P.& E.D. (Ridley-Th

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Republican 1000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Yee — Yea
Negrete — Yea
Runner — Yea
Florez — Not Voting
Cedillo — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Romero — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Cox — Yea
Cogdill — Yea
Corbett — Yea
Benoit — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Simitian — Yea
Wiggins — Yea
Wyland — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
McLeod — Yea
Negrete — Yea
Aanestad — Yea
Oropeza — Yea
Romero — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Florez — Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 820 do?
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. Existing law requires a peer review body that reviews physicians and surgeons to, under specified circumstances, report certain information to an obsolete diversion program within the Medical Board of California. This bill would instead require the report to be made directly to the executive director of the board and would make other conforming changes. The bill would make related nonsubstantive changes. The bill would also provide that it shall become operative only if AB 120 is also enacted and becomes operative. The bill would incorporate additional changes to Section 800 of the Business and Professions Code, proposed by SB 819, to be operative only if both bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last. The bill would incorporate additional changes to Section 805 of the Business and Professions Code, proposed by SB 821, to be operative only if both bills are chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.
Who sponsors SB 820?
SB 820 is sponsored by Aanestad and Negrete McLeod.
What is the current status of SB 820?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 820?
Track SB 820 free on One Click Politics — get push/email alerts when it moves.

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