California 2009-2010 Regular Session Status: Passed Senate

SB 726 — Health care districts: rural hospitals: employment of physicians and surgeons.

Last action — From committee without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals to employ a physician and surgeon if certain conditions are satisfied. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to certain requirements. The pilot project requires that the term of a contract with a licensee not exceed 4 years. Existing law requires the Medical Board of California to report to the Legislature not later than October 1, 2008, on the effectiveness of the pilot project. This bill would revise the pilot project to authorize the direct employment by qualified health care districts and qualified rural hospitals, as defined, of an unlimited number of physicians and surgeons under the pilot project, and would authorize such a district or hospital to employ up to 5 physicians and surgeons at a time if certain requirements are met. The bill would require that the term of a contract with a physician and surgeon not exceed 10 years and would extend the pilot project until January 1, 2018. The bill would require the board to provide a preliminary report to the Legislature not later than July 1, 2013, and a final report not later than July 1, 2016, evaluating the effectiveness of the pilot project, and would make conforming changes.

Bill Text

Action History

  1. From committee without further action.

  2. Motion failed in committee (Ayes 3. Noes 4. Page 4953.)

  3. From committee: Be re-referred to Com. on B., P. & E.D. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0. Page 4717.) Re-referred to Com. on B., P. & E.D.

  4. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 43. Noes 24. Page 5854.) To Senate.

  7. (Page 5841.)

  8. Reconsideration granted.

  9. Motion to reconsider continued to June 28.

  10. Motion to reconsider made by Assembly Member Swanson.

  11. Read third time. Refused passage. (Ayes 38. Noes 26. Page 5703.)

  12. From inactive file to third reading file.

  13. Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.

  14. Placed on inactive file on request of Assembly Member Torrico.

  15. Read second time. To third reading.

  16. (Received by Desk on August 28 pursuant to Joint Rule 61(a)(11).)

  17. (Heard in committee on August 27.)

  18. From committee: Do pass. (Ayes 15. Noes 1.)

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

  20. Read second time. Amended. Re-referred to Com. on APPR.

  21. (Heard in committee on July 9.)

  22. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 14. Noes 1.)

  23. Joint Rule 62(a) file notice suspended. (Page 2432.)

  24. (Heard in committee on July 7.)

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

  26. Set, first hearing. Further hearing to be set.

  27. To Coms. on B. & P. and HEALTH.

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

  29. Read third time. Passed. (Ayes 36. Noes 3. Page 1093.) To Assembly.

  30. Read second time. To third reading.

  31. From committee: Do pass. (Ayes 11. Noes 1. Page 1026.)

  32. (For vote only.)

  33. Set for hearing May 26.

  34. Set, first hearing. Testimony taken. Further hearing to be set.

  35. Set for hearing May 18.

  36. Read second time. Amended. Re-referred to Com. on APPR.

  37. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 730.)

  38. From committee: Do pass, but first be re-referred to Com. on HEALTH. (Ayes 6. Noes 2. Page 676.) Re-referred to Com. on HEALTH.

  39. Set for hearing April 29 in HEALTH pending receipt.

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

  41. Set for hearing April 27.

  42. Hearing postponed by committee.

  43. Set for hearing April 13.

  44. To Coms. on B., P. & E.D. and HEALTH.

  45. Read first time.

  46. From print. May be acted upon on or after March 30.

  47. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Ashburn · Primary
  • Chesbro · Cosponsor
  • Cox · Cosponsor
  • Ducheny · Cosponsor
  • Swanson · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 3 voted No

Sponsors (1)

  • Ashburn

Co-sponsors (4)

  • Chesbro
  • Cox
  • Ducheny
  • Swanson

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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.

Failed 4 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 4401
Democratic 0001
Total 4402
% of votes cast 40%40%0%20%
How each member voted (10)
Member Party Vote
Yee — Yea
Wyland — Nay
Negrete — Yea
Corbett — Not Voting
McLeod — Yea
Walters — Nay
Aanestad — Nay
Correa — Yea
Florez — Nay
Calderon, Lisa Democratic Not Voting

Official roll call →

SB 726 Ashburn Assembly Third Reading By SWANSON

Passed 50 Yea · 27 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 4526014
Democratic 2100
Republican 3000
Total 5027014
% of votes cast 55%30%0%15%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Feuer — Yea
Tom — Yea
Charles — Yea
De — Yea
Leon — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Yamada — Nay
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Not Voting
Bill — Nay
De — Nay
La — Nay
Torre — Nay
Fletcher — Nay
Salas — Nay
Fuller — Nay
Galgiani — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Gilmore — Yea
Hagman — Not Voting
Hall — Yea
Anderson — Nay
Blakeslee — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Nay
Jeffries — Not Voting
Lieu — Yea
Logue — Not Voting
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Yea
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Not Voting
Swanson — Yea
Torres — Yea
Torrico — Not Voting
Villines — Nay
Adams — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Nay
Hayashi — Nay
Huber — Yea
Knight — Not Voting
Ma — Yea
Monning — Nay
Nielsen — Nay
Smyth — Nay
Torlakson — Yea
Tran — Nay
Coto — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Not Voting
Fuentes — Not Voting
Furutani — Yea
Garrick — Not Voting
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bill Berryhill — Nay
Arambula, Joaquin Democratic Nay
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 →

SB 726 Ashburn Senate Third Reading By SWANSON

Failed 43 Yea · 29 Nay · 19 Other
Party YeaNayPresentNot Voting
Unaffiliated 3828019
Democratic 2100
Republican 3000
Total 4329019
% of votes cast 47%32%0%21%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Fuller — Nay
Charles — Yea
Furutani — Yea
Gilmore — Nay
Hall — Yea
Hayashi — Nay
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Yea
Bill — Nay
Hernandez — Yea
Hill — Yea
Huber — Yea
De — Nay
La — Nay
Torre — Nay
Fletcher — Nay
Ammiano — Yea
Beall — Yea
Blakeslee — Nay
Coto — Yea
DeVore — Yea
Ma — Yea
Mendoza — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Salas — Nay
Tom — Not Voting
De — Not Voting
Leon — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Galgiani — Not Voting
Hagman — Not Voting
Jeffries — Not Voting
Knight — Not Voting
Bass — Not Voting
Monning — Nay
Nava — Not Voting
Nestande — Nay
Nielsen — Nay
Norby — Not Voting
Silva — Nay
Solorio — Nay
Tran — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Block — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Nay
Harkey — Nay
Huffman — Nay
Lieu — Yea
Logue — Not Voting
Miller — Nay
Smyth — Nay
Torres — Yea
Torrico — Not Voting
Eng — Yea
Feuer — Yea
Davis — Not Voting
Yamada — Nay
Fuentes — Not Voting
Garrick — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Nay
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 20 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18101
Democratic 1000
Republican 1000
Total 20101
% of votes cast 91%5%0%5%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Conway — Not Voting
Hall — Yea
Hill — Yea
Miller — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Coto — Yea
Harkey — Nay
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Appropriations.

Passed 19 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 17106
Republican 2000
Total 19106
% of votes cast 73%4%0%23%
How each member voted (26)
Member Party Vote
Carter — Yea
Hall — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Fletcher — Not Voting
Hayashi — Not Voting
Hernandez — Yea
Nava — Yea
Ammiano — Yea
Adams — Nay
Block — Yea
Conway — Yea
Emmerson — Not Voting
Beth Gaines — 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 10 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9003
Republican 1000
Total 10003
% of votes cast 77%0%0%23%
How each member voted (13)
Member Party Vote
Conway — Yea
Eng — Yea
Hayashi — Yea
John — Not Voting
A. — Not Voting
Perez — Not Voting
Monning — Yea
Nava — Yea
Hernandez — Yea
Ruskin — Yea
Smyth — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Senate 3rd Reading SB726 Ashburn

Passed 37 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 34300
Democratic 2000
Republican 1000
Total 37300
% of votes cast 93%8%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Benoit — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Corbett — 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 →

Do pass.

Passed 11 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11101
Total 11101
% of votes cast 85%8%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Corbett — Yea
Runner — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Nay
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea

Official roll call →

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

Passed 7 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7202
Total 7202
% of votes cast 64%18%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Negrete — Yea
Corbett — Yea
McLeod — Yea
Romero — Not Voting
Walters — Nay
Aanestad — Nay
Oropeza — Yea
Wyland — Not Voting
Correa — Yea
Florez — Yea

Official roll call →

Subjects

healthcare labor
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Frequently asked questions

What does SB 726 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. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals to employ a physician and surgeon if certain conditions are satisfied. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to certain requirements. The pilot project requires that the term of a contract with a licensee not exceed 4 years. Existing law requires the Medical Board of California to report to the Legislature not later than October 1, 2008, on the effectiveness of the pilot project. This bill would revise the pilot project to authorize the direct employment by qualified health care districts and qualified rural hospitals, as defined, of an unlimited number of physicians and surgeons under the pilot project, and would authorize such a district or hospital to employ up to 5 physicians and surgeons at a time if certain requirements are met. The bill would require that the term of a contract with a physician and surgeon not exceed 10 years and would extend the pilot project until January 1, 2018. The bill would require the board to provide a preliminary report to the Legislature not later than July 1, 2013, and a final report not later than July 1, 2016, evaluating the effectiveness of the pilot project, and would make conforming changes.
Who sponsors SB 726?
SB 726 is sponsored by Ashburn, Chesbro, Cox, Ducheny, and Swanson.
What is the current status of SB 726?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 726?
Track SB 726 free on One Click Politics — get push/email alerts when it moves.

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