California 2009-2010 Regular Session Status: In Committee

SB 58 — Physicians and surgeons: peer review.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 conducted by peer review bodies, as defined. Existing law establishes the Joint Committee on Boards, Commissions, and Consumer Protection and requires the committee to review all state boards every 4 years. Existing law requires those boards, within a specified period of time prior to their review, to submit a report to the committee containing certain information. This bill would require peer review bodies to annually report to the Medical Board of California on their peer review activities involving licensees of that board and to comply with any requests from the board for more detailed information. The bill would require the board to include a summary of those reports in the report submitted to the Joint Committee on Boards, Commissions, and Consumer Protection. Under existing law, specified persons are required to file a report, designated as an "805 report," with a licensing board if a peer review body takes one of several specified actions against a person licensed by that board. Existing law provides various due process rights for licentiates who are the subject of a final proposed disciplinary action of a peer review body, including authorizing a licensee to request a hearing concerning that action. With respect to physicians and surgeons, this bill would require peer review bodies to administer an early detection and resolution program (EDR) in which a peer review body would, where it deems appropriate, allow a physician and surgeon to complete certain training, observation, or consultation requirements instead of being subject to disciplinary action and an 805 report, as specified. The bill would delay the physician and surgeon's right to a hearing concerning a final proposed action pending his or her successful completion of EDR. Existing law requires the Medical Board of California to maintain a central file of its licensees containing, among other things, disciplinary information reported through 805 reports and authorizes licensees to submit additional exculpatory or explanatory statements, as specified. Existing law requires the board to disclose an 805 report to specified health care entities and requires the board to post on the Internet, and to disclose to inquiring members of the public, certain hospital disciplinary actions. The bill would require the board to include the exculpatory or explanatory statement submitted by licensees regarding 805 reports in disclosures or postings of those reports or of hospital disciplinary actions. If a court finds 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 bill would require the board to include that finding in the licensee's central file. The bill would also prohibit the board from reporting or posting certain disciplinary information if a court reverses a disciplinary action reported pursuant to Section 805 and the licensee notifies the board of that reversal. The bill would require the board to also send notice of the reversal to members of the public and health care entities to whom the board previously disclosed the disciplinary information. Existing law requires the Medical Board of California to adopt and administer standards for the continuing education of licensed physicians and surgeons. This bill would require the board to adopt and administer standards allowing a physician and surgeon to receive credit for up to 10 hours of continuing education each year for participating in a peer review body without compensation.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Set, first hearing. Held in committee and under submission.

  3. (Suspense - for vote only.)

  4. Set for hearing May 28.

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

  6. Placed on APPR suspense file.

  7. Set for hearing May 11.

  8. Re-referred to Com. on APPR.

  9. Withdrawn from committee.

  10. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 0. Page 675.) Re-referred to Com. on JUD.

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

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

  13. Set for hearing April 27.

  14. Set, first hearing. Hearing canceled at the request of author.

  15. Set for hearing April 20.

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

  17. Hearing postponed by committee.

  18. Set for hearing April 13.

  19. To Coms. on B., P. & E.D. and JUD.

  20. Read first time.

  21. From print. May be acted upon on or after February 20.

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

Sponsors

  • Aanestad · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Aanestad

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

Placed on Appropriations Suspense file.

Passed 7 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7402
Total 7402
% of votes cast 54%31%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Leno — Yea
Runner — Not Voting
Corbett — Yea
Cox — Nay
Oropeza — Not Voting
Walters — Nay
Wolk — Yea
Wyland — Nay
DeSaulnier — Yea
Denham — Nay

Official roll call →

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

Passed 7 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 7004
Total 7004
% of votes cast 64%0%0%36%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Florez — Yea
Corbett — Not Voting
Negrete — Not Voting
Correa — Yea
Oropeza — Yea
Romero — Not Voting
Walters — Yea
Aanestad — Yea
McLeod — Not Voting

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does SB 58 do?
Existing law provides for the professional review of specified healing arts licentiates through a peer review process conducted by peer review bodies, as defined. Existing law establishes the Joint Committee on Boards, Commissions, and Consumer Protection and requires the committee to review all state boards every 4 years. Existing law requires those boards, within a specified period of time prior to their review, to submit a report to the committee containing certain information. This bill would require peer review bodies to annually report to the Medical Board of California on their peer review activities involving licensees of that board and to comply with any requests from the board for more detailed information. The bill would require the board to include a summary of those reports in the report submitted to the Joint Committee on Boards, Commissions, and Consumer Protection. Under existing law, specified persons are required to file a report, designated as an "805 report," with a licensing board if a peer review body takes one of several specified actions against a person licensed by that board. Existing law provides various due process rights for licentiates who are the subject of a final proposed disciplinary action of a peer review body, including authorizing a licensee to request a hearing concerning that action. With respect to physicians and surgeons, this bill would require peer review bodies to administer an early detection and resolution program (EDR) in which a peer review body would, where it deems appropriate, allow a physician and surgeon to complete certain training, observation, or consultation requirements instead of being subject to disciplinary action and an 805 report, as specified. The bill would delay the physician and surgeon's right to a hearing concerning a final proposed action pending his or her successful completion of EDR. Existing law requires the Medical Board of California to maintain a central file of its licensees containing, among other things, disciplinary information reported through 805 reports and authorizes licensees to submit additional exculpatory or explanatory statements, as specified. Existing law requires the board to disclose an 805 report to specified health care entities and requires the board to post on the Internet, and to disclose to inquiring members of the public, certain hospital disciplinary actions. The bill would require the board to include the exculpatory or explanatory statement submitted by licensees regarding 805 reports in disclosures or postings of those reports or of hospital disciplinary actions. If a court finds 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 bill would require the board to include that finding in the licensee's central file. The bill would also prohibit the board from reporting or posting certain disciplinary information if a court reverses a disciplinary action reported pursuant to Section 805 and the licensee notifies the board of that reversal. The bill would require the board to also send notice of the reversal to members of the public and health care entities to whom the board previously disclosed the disciplinary information. Existing law requires the Medical Board of California to adopt and administer standards for the continuing education of licensed physicians and surgeons. This bill would require the board to adopt and administer standards allowing a physician and surgeon to receive credit for up to 10 hours of continuing education each year for participating in a peer review body without compensation.
Who sponsors SB 58?
SB 58 is sponsored by Aanestad.
What is the current status of SB 58?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 58?
Track SB 58 free on One Click Politics — get push/email alerts when it moves.

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