California 2009-2010 Regular Session Status: To Executive

SB 700 — Healing arts: peer review.

Last action — Chaptered by Secretary of State. Chapter 505, Statutes of 2010.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. The bill would make related technical and nonsubstantive changes.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 505, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4892.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 76. Noes 0. Page 6498.) To Senate.

  7. Assembly Rule 69(d) suspended. (Page 6463.)

  8. Read third time. Amended. (Page 6428.) To third reading.

  9. From Consent Calendar to third reading.

  10. Read second time. To Consent Calendar.

  11. (Heard in committee on August 4.)

  12. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  13. (Heard in committee on March 23.)

  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. To Com. on B. & P.

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

  17. Read third time. Passed. (Ayes 35. Noes 0. Page 2735.) To Assembly.

  18. Read second time. To third reading.

  19. Read second time. Amended. To second reading.

  20. From inactive file to second reading file.

  21. Placed on inactive file on request of Senator Negrete McLeod.

  22. Senate Rule 43 suspended. (Ayes 30. Noes 1. Page 1373.)

  23. Placed on third reading.

  24. Withdrawn from committee.

  25. Re-referred to Com. on RLS.

  26. (Ayes 39. Noes 0. Page 1198.)

  27. Reconsideration granted.

  28. Motion to reconsider made by Senator Negrete McLeod.

  29. Read third time. Refused passage. (Ayes 17. Noes 16. Page 1198.)

  30. Read second time. To third reading.

  31. Read third time. Amended. To second reading.

  32. Reconsideration granted.

  33. Motion to reconsider made by Senator Negrete McLeod.

  34. Read third time. Refused passage. (Ayes 19. Noes 15. Page 901.)

  35. Read second time. To third reading.

  36. Read third time. Amended. To second reading.

  37. Read second time. To third reading.

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

  39. Set for hearing May 4.

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

  41. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 581.)

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

  43. Set for hearing April 20.

  44. Hearing postponed by committee.

  45. Set for hearing April 13.

  46. To Coms. on B., P. & E.D. and RLS.

  47. Read first time.

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

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

Sponsors

  • Aanestad · Cosponsor
  • Negrete McLeod · Primary

Sponsorship breakdown

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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 Business SB700 Negrete McLeod

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Harman — Not Voting
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Yea
Florez — Yea
Hancock — Yea
Huff — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ashburn — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Hollingsworth — Not Voting
Oropeza — Not Voting
Aanestad — Yea
Alquist — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Wiggins — Not Voting
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 700 Negrete McLeod Senate Third Reading By RUSKIN

Passed 88 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 82002
Democratic 3000
Republican 3000
Total 88002
% of votes cast 98%0%0%2%
How each member voted (90)
Member Party Vote
Hall — Yea
Ammiano — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
John — Yea
A. — Yea
Perez — Yea
Yamada — Yea
Norby — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
Fuller — Yea
Furutani — Not Voting
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
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, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Hall — Yea
Conway — Yea
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
Coto — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Nielsen — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

SENATE 3RD READING SB700 NEGRETE MCLEOD

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Runner — Not Voting
Huff — Not Voting
Alquist — Not Voting
Walters — Not Voting
Aanestad — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Oropeza — Yea
Romero — Yea
Steinberg — Yea
Wiggins — 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 →

Senate 3rd Reading SB700 Negrete McLeod

Failed 18 Yea · 16 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 161506
Democratic 2000
Republican 0100
Total 181606
% of votes cast 45%40%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Not Voting
Cedillo — Yea
Wyland — Nay
Negrete — Yea
Cogdill — Nay
Runner — Nay
Harman — Nay
Lowenthal — Not Voting
Huff — Nay
Kehoe — Yea
Ducheny — Not Voting
Leno — Yea
Liu — Not Voting
McLeod — Yea
Ashburn — Nay
Benoit — Nay
Dutton — Nay
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Not Voting
Aanestad — Nay
Alquist — Yea
Hollingsworth — Nay
Maldonado — Nay
Oropeza — Yea
Walters — Nay
Corbett — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB700 Negrete McLeod Reconsider

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 2000
Republican 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Florez — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Kehoe — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB700 Negrete McLeod Reconsider

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Republican 1000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Wyland — Yea
Yee — Yea
Cedillo — Not Voting
Cogdill — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
Corbett — Yea
McLeod — Yea
Ashburn — Yea
Cox — Yea
Ducheny — Yea
Dutton — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Benoit — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
Wiggins — Yea
Wright — 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 →

Senate 3rd Reading SB700 Negrete McLeod

Failed 20 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 171405
Democratic 3000
Republican 0100
Total 201505
% of votes cast 50%38%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Not Voting
Wyland — Nay
Negrete — Yea
Cogdill — Nay
Harman — Nay
Hollingsworth — Nay
Kehoe — Yea
Leno — Yea
McLeod — Yea
Oropeza — Yea
Runner — Not Voting
Corbett — Yea
Pavley — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Alquist — Yea
Ashburn — Nay
Correa — Not Voting
Ducheny — Nay
Dutton — Nay
Aanestad — Nay
Benoit — Nay
Huff — Nay
Liu — Not Voting
Maldonado — Nay
Romero — Yea
Steinberg — Yea
Wright — Not Voting
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 700 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. The bill would make related technical and nonsubstantive changes.
Who sponsors SB 700?
SB 700 is sponsored by Aanestad and Negrete McLeod.
What is the current status of SB 700?
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 700?
Track SB 700 free on One Click Politics — get push/email alerts when it moves.

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