Governor Signs Senator Roth’s Transformative Reform Legislation of the Medical Board of California

Sacramento, CA-- Senator Richard D. Roth’s (D-Riverside) SB 815, reforming the Medical Board of California, has been signed by the Governor. The legislation makes significant changes to promote patient rights and improve transparency and efficiencies at the Medical Board.  The measure includes key reforms that will guarantee swifter patient-centric action for physicians facing discipline and supply the Medical Board with added revenue to bring it to fiscal solvency.

“These are historic reforms, which say to patients, ‘We´re listening, we hear you, we’re empowering you and we’re giving you a stronger voice in this process,’ “ said Roth. “This legislation contains key transparency and accountability reforms that protect and empower patients, guarantee swifter patient-centric action for physicians facing discipline, and provide the Medical Board with added revenue to bring it back from the fiscal cliff it has been hanging from for years. I greatly appreciate the Governor signing this substantial legislation into law.”

Key Elements of Roth’s Reform Legislation:

1) Establishes a dedicated Complainant Liaison Unit at the Medical Board responsible for:

• Responding to communications from the public about the complaint review and enforcement process.
• After a complaint has been referred to a field investigation, assisting with coordinating communications between the complainant and investigations, as necessary;
• Following a disciplinary decision, responding to questions from the complainant regarding any appeals process available to the disciplined licensee;
• Coordinating and supporting public outreach activities to improve the public’s understanding of the Medical Board’s enforcement process;
• Evaluating and responding to requests from a complainant when they believe a case was closed but still merits further investigation.

2) Requires that a complaint determined to involve quality of care include an interview of the complainant, patient, or patient representative before the complaint is closed. Requires the Medical Board to provide a complainant, patient, or patient representative with an opportunity to provide a statement when a complaint is referred for further investigation and requires the Medical Board to consider this statement in making final disciplinary decisions

3) Provides that conviction of a “serious felony” by a physician, including the sale (transfer, etc.) of fentanyl, whether in the course of the physician’s practice of medicine or otherwise, shall constitute cause for licensure revocation without requiring expert witness testimony to prove the relationship between the felony conviction and the practice of medicine

4) Adds the following acts by a physician to the list deemed to be “unprofessional conduct” warranting discipline:

• Actions intended to cause a patient or the patient’s representative to rescind consent to release the patient’s medical records to the Medical Board or the Medical Board’s investigators;
• Dissuading, intimidating, or tampering with a patient, witness, or any other person in an attempt to prevent them from reporting or testifying;
• Failing to attend and participate in an investigative interview within 30 calendar days of being notified.

5) Makes various changes:

• To allow the Medical Board to receive expert witness reports and related material earlier to streamline the pretrial and settlement process;
• Timeframe within which a modification of the probation may be requested;
• To require that physicians maintain patient records for at least seven (7) years after the last date of service to the patient;

6) Provides the Medical Board with necessary increased revenue to ensure it can operate by increasing physician licensee fees from $863 every two years ($431 per year) to $1,151 every two years ($575 per year) effective January 1, 2024, and $1,255 every two years ($627 per year) beginning January 1, 2027 (Sec 24 of the bill).