California 2009-2010 Regular Session Status: Passed Assembly

AB 526 — Public Protection and Physician Health Program Act of 2009.

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department's healing arts boards, as specified, and a designee of the State Department of Alcohol and Drug Programs. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board shall use in dealing with substance-abusing licensees. The Medical Practice Act establishes in the Department of Consumer Affairs the Medical Board of California, which provides for the licensure and regulation of physicians and surgeons. This bill would enact the Public Protection and Physician Health Program Act of 2009, which would, until January 1, 2021, establish the Public Protection and Physician Health Oversight Committee, consisting of members appointed by specified entities, would require the committee to be formed and to hold its first meeting by March 1, 2010, and would require the committee to adopt rules and regulations necessary to implement these provisions by June 30, 2010. The bill would authorize the committee to contract, including on an interim basis, as specified, with any qualified physician health program for purposes of care and rehabilitation of physicians and surgeons, including applicants enrolled in an approved postgraduate training program, with alcohol or drug abuse or dependency problems or mental disorders, as specified. The bill would impose requirements on the physician health program relating to, among other things, monitoring the status and compliance of physicians and surgeons, as defined, who enter treatment for a qualifying illness, as defined, pursuant to written, voluntary agreements, and would require the committee to monitor compliance with these requirements. The bill would provide that a voluntary agreement to receive treatment would not be subject to public disclosure or disclosure to the Medical Board of California, except as specified. The bill would require the board to increase physician and surgeon and applicant licensure and renewal fees for purposes of the act, and would establish the Public Protection and Physician Health Program Trust Fund for deposit of those funds, which would be subject to appropriation by the Legislature. The bill would also require specified performance audits.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Held under submission.

  3. In committee: Placed on Appropriations suspense file.

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

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

  6. In committee: Hearing postponed by committee.

  7. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  8. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 2.) (July 6).

  9. Referred to Com. on B., P. & E.D.

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

  11. Read third time, passed, and to Senate. (Ayes 68. Noes 9. Page 1954.)

  12. Read second time. To third reading.

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

  14. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  15. In committee: Set, first hearing. Referred to APPR. suspense file.

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 18. Noes 0.) (April 28).

  17. From committee: Do pass, and re-refer to Com. on HEALTH. Re-referred. (Ayes 11. Noes 0.) (April 21).

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

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

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

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

  24. Read first time. To print.

Sponsors

  • Fuentes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Fuentes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Cox — Yea
Denham — Yea

Official roll call →

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
Correa — Yea
McLeod — Yea
Oropeza — Not Voting
Romero — Not Voting
Walters — Nay
Aanestad — Nay
Wyland — Yea
Florez — Yea

Official roll call →

Passed 79 Yea · 9 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73904
Democratic 3000
Republican 3000
Total 79904
% of votes cast 86%10%0%4%
How each member voted (92)
Member Party Vote
Hagman — Nay
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Charles — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — 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
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Audra — Yea
Yamada — Yea
Bill — Not Voting
Harkey — Nay
Jeffries — Nay
Knight — Nay
Duvall — Not Voting
Anderson — Nay
Bass — Yea
Miller — Nay
Nielsen — Nay
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Krekorian — Yea
Logue — Yea
Ma — Yea
Price — Yea
Silva — Yea
Smyth — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Furutani — Yea
Beth Gaines — Nay
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 as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Hall — Yea
Harkey — Nay
Davis — Yea
Duvall — Nay
Krekorian — Yea
Miller — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Ammiano — Yea
Skinner — Yea
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Passed 25 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 22001
Republican 2000
Democratic 1000
Total 25001
% of votes cast 96%0%0%4%
How each member voted (26)
Member Party Vote
De — Yea
Leon — Yea
Carter — Yea
Conway — Yea
De — Yea
La — Yea
Torre — Yea
Ammiano — Yea
Fletcher — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Gaines — Not Voting
Hall — Yea
Hernandez — Yea
Adams — Yea
Block — Yea
Hayashi — Yea
Nava — Yea
Emmerson — Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Republican 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Eng — Yea
John — Yea
A. — Yea
Perez — Yea
Hernandez — Yea
Price — Yea
Smyth — Yea
Hayashi — Yea
Nava — Yea
Ruskin — Yea
Conway — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 526 do?
Existing law establishes in the Department of Consumer Affairs the Substance Abuse Coordination Committee, comprised of the executive officers of the department's healing arts boards, as specified, and a designee of the State Department of Alcohol and Drug Programs. Existing law requires the committee to formulate, by January 1, 2010, uniform and specific standards in specified areas that each healing arts board shall use in dealing with substance-abusing licensees. The Medical Practice Act establishes in the Department of Consumer Affairs the Medical Board of California, which provides for the licensure and regulation of physicians and surgeons. This bill would enact the Public Protection and Physician Health Program Act of 2009, which would, until January 1, 2021, establish the Public Protection and Physician Health Oversight Committee, consisting of members appointed by specified entities, would require the committee to be formed and to hold its first meeting by March 1, 2010, and would require the committee to adopt rules and regulations necessary to implement these provisions by June 30, 2010. The bill would authorize the committee to contract, including on an interim basis, as specified, with any qualified physician health program for purposes of care and rehabilitation of physicians and surgeons, including applicants enrolled in an approved postgraduate training program, with alcohol or drug abuse or dependency problems or mental disorders, as specified. The bill would impose requirements on the physician health program relating to, among other things, monitoring the status and compliance of physicians and surgeons, as defined, who enter treatment for a qualifying illness, as defined, pursuant to written, voluntary agreements, and would require the committee to monitor compliance with these requirements. The bill would provide that a voluntary agreement to receive treatment would not be subject to public disclosure or disclosure to the Medical Board of California, except as specified. The bill would require the board to increase physician and surgeon and applicant licensure and renewal fees for purposes of the act, and would establish the Public Protection and Physician Health Program Trust Fund for deposit of those funds, which would be subject to appropriation by the Legislature. The bill would also require specified performance audits.
Who sponsors AB 526?
AB 526 is sponsored by Fuentes.
What is the current status of AB 526?
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 526?
Track AB 526 free on One Click Politics — get push/email alerts when it moves.

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