California 2009-2010 Regular Session Status: Passed Assembly 2 D cosponsors

AB 646 — Physicians and surgeons: employment.

Last action — From Senate committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Medical Practice Act, restricts the employment of licensed physicians and surgeons and podiatrists by a corporation or other artificial legal entity, subject to specified exemptions, and makes it a crime to practice medicine without a license. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals that, among other things, provide more than 50% of patient days to the care of Medicare, Medi-Cal, and uninsured patients, to employ a physician and surgeon, if the hospital does not interfere with, control, or otherwise direct the professional judgment of the physician and surgeon. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals to provide medically necessary services in rural and medically underserved communities, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to specified requirements. This bill would delete that pilot project and would instead, until January 1, 2021, authorize a health care district, as defined, and a clinic owned or operated by a health care district, as specified, to employ physicians and surgeons if the health care district's service area includes a Medically Underserved Area (MUA) or a Medically Underserved Population (MUP) , or has been federally designated as a Health Professional Shortage Area (HPSA) ; the district board conducts a public hearing and adopts a specified resolution declaring the need for the district to recruit and directly employ one or more physicians and surgeons; and the executive officer of the district provides specified documentation to the Medical Board of California. Upon receipt of that documentation, the bill would require the board to approve the employment of up to 5 primary or specialty care physicians and surgeons by the district, and, upon receipt of additional documentation after that employment, to approve an additional 5 primary or specialty care physicians and surgeons. The bill would provide that a district may, until December 31, 2020, enter into, renew, or extend any employment contract with a physician and surgeon for up to 10 years. The bill would require the Office of Statewide Health Planning and Development, in consultation with the State Department of Public Health and the board, to report to the Legislature by June 1, 2018, with regard to the efficacy of the employment of physicians and surgeons by health care districts, as specified.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Hearing postponed by committee.

  3. In committee: Hearing postponed by committee.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  5. In committee: Set, second hearing. Hearing canceled at the request of author.

  6. In committee: Set first hearing. Failed passage. Reconsideration granted.

  7. Referred to Coms. on B., P. & E.D. and HEALTH.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time, passed, and to Senate. (Ayes 57. Noes 15. Page 1739.)

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 15. Noes 0.) (May 20).

  12. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  13. Read second time. To third reading.

  14. Read second time and amended. Ordered returned to second reading.

  15. From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (April 28).

  16. From committee: Do pass, and re-refer to Com. on HEALTH. Re-referred. (Ayes 6. Noes 4.) (April 21).

  17. In committee: Hearing postponed by committee.

  18. Re-referred to Com. on B. & P.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  20. Referred to Coms. on B. & P. and HEALTH.

  21. From printer. May be heard in committee March 28.

  22. Read first time. To print.

Sponsors

  • Josh Lowenthal · Cosponsor
  • Beall · Cosponsor
  • Buchanan · Cosponsor
  • Chesbro · Cosponsor
  • De Leon · Cosponsor
  • Portantino · Cosponsor
  • Salas · Cosponsor
  • Coto · Cosponsor
  • DeSaulnier · Cosponsor
  • Evans · Cosponsor
  • Fuentes · Cosponsor
  • Furutani · Cosponsor
  • Hall · Cosponsor
  • Jeffries · Cosponsor
  • Lieu · Cosponsor
  • Ma · Cosponsor
  • Mendoza · Cosponsor
  • Nava · Cosponsor
  • Price · Cosponsor
  • Romero · Cosponsor
  • Skinner · Cosponsor
  • Swanson · Primary
  • Torres · Cosponsor
  • Wiggins · Cosponsor
  • Yee · Cosponsor
  • Mike Fong · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 25 co-sponsors · 96 not signed on

Sponsors (1)

  • Swanson

Co-sponsors (25)

  • Lowenthal, Josh Democratic
  • Beall
  • Buchanan
  • Chesbro
  • De Leon
  • Portantino
  • Salas
  • Coto
  • DeSaulnier
  • Evans
  • Fuentes
  • Furutani
  • Hall
  • Jeffries
  • Lieu
  • Ma
  • Mendoza
  • Nava
  • Price
  • Romero
  • Skinner
  • Torres
  • Wiggins
  • Yee
  • Fong, Mike Democratic

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"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

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

Failed 5 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 4203
Democratic 1000
Total 5203
% of votes cast 50%20%0%30%
How each member voted (10)
Member Party Vote
Yee — Yea
Negrete — Yea
Aanestad — Nay
McLeod — Yea
Walters — Not Voting
Wyland — Not Voting
Corbett — Not Voting
Correa — Yea
Florez — Nay
Calderon, Lisa Democratic Yea

Official roll call →

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

Failed 6 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6302
Total 6302
% of votes cast 55%27%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Florez — Yea
Negrete — Yea
McLeod — Yea
Romero — Yea
Corbett — Not Voting
Wyland — Nay
Oropeza — Not Voting
Aanestad — Nay
Walters — Nay
Correa — Yea

Official roll call →

AB 646 SWANSON Assembly Third Reading

Passed 69 Yea · 15 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 621507
Democratic 4001
Republican 3000
Total 691508
% of votes cast 75%16%0%9%
How each member voted (92)
Member Party Vote
Hagman — Nay
Carter — Yea
Chesbro — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Blakeslee — Yea
Conway — Yea
Coto — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Gaines — Nay
Fletcher — Not Voting
Cook — Nay
Galgiani — Not Voting
Garrick — Nay
Knight — Nay
Duvall — Not Voting
Miller — Nay
Nestande — Nay
Anderson — Nay
Silva — Nay
Smyth — Nay
Torlakson — Yea
Torres — Not Voting
Tran — Nay
Villines — Nay
Adams — Not Voting
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Hayashi — Nay
Hernandez — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Not Voting
Yamada — Yea
Fuller — Yea
Gilmore — Yea
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Duvall — Yea
Fuentes — Yea
Harkey — Yea
Miller — Not Voting
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 21 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 18005
Republican 2000
Democratic 1000
Total 21005
% of votes cast 81%0%0%19%
How each member voted (26)
Member Party Vote
Carter — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Conway — Yea
Fletcher — Not Voting
Gaines — Not Voting
Hall — Yea
Hayashi — Not Voting
Hernandez — Yea
Nava — Yea
Adams — Not Voting
Ammiano — Yea
Block — Yea
Emmerson — Not Voting
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Health.

Passed 8 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7401
Republican 1000
Total 8401
% of votes cast 62%31%0%8%
How each member voted (13)
Member Party Vote
Eng — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Hernandez — Yea
Price — Yea
Ruskin — Not Voting
Hayashi — Nay
Nava — Yea
Smyth — Nay
Emmerson — Nay
Niello, Roger W. Republican Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does AB 646 do?
Existing law, the Medical Practice Act, restricts the employment of licensed physicians and surgeons and podiatrists by a corporation or other artificial legal entity, subject to specified exemptions, and makes it a crime to practice medicine without a license. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals that, among other things, provide more than 50% of patient days to the care of Medicare, Medi-Cal, and uninsured patients, to employ a physician and surgeon, if the hospital does not interfere with, control, or otherwise direct the professional judgment of the physician and surgeon. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals to provide medically necessary services in rural and medically underserved communities, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to specified requirements. This bill would delete that pilot project and would instead, until January 1, 2021, authorize a health care district, as defined, and a clinic owned or operated by a health care district, as specified, to employ physicians and surgeons if the health care district's service area includes a Medically Underserved Area (MUA) or a Medically Underserved Population (MUP) , or has been federally designated as a Health Professional Shortage Area (HPSA) ; the district board conducts a public hearing and adopts a specified resolution declaring the need for the district to recruit and directly employ one or more physicians and surgeons; and the executive officer of the district provides specified documentation to the Medical Board of California. Upon receipt of that documentation, the bill would require the board to approve the employment of up to 5 primary or specialty care physicians and surgeons by the district, and, upon receipt of additional documentation after that employment, to approve an additional 5 primary or specialty care physicians and surgeons. The bill would provide that a district may, until December 31, 2020, enter into, renew, or extend any employment contract with a physician and surgeon for up to 10 years. The bill would require the Office of Statewide Health Planning and Development, in consultation with the State Department of Public Health and the board, to report to the Legislature by June 1, 2018, with regard to the efficacy of the employment of physicians and surgeons by health care districts, as specified.
Who sponsors AB 646?
AB 646 is sponsored by Lowenthal, Josh (Democratic), Beall, Buchanan, Chesbro, De Leon, Portantino, Salas, Coto, DeSaulnier, Evans, Fuentes, Furutani, Hall, Jeffries, Lieu, Ma, Mendoza, Nava, Price, Romero, Skinner, Swanson, Torres, Wiggins, Yee, and Fong, Mike (Democratic).
What is the current status of AB 646?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” 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 AB 646?
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