California Assembly Bill AB1848 Latest Draft

 BILL NUMBER: AB 1848AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 18, 2012 AMENDED IN ASSEMBLY MARCH 29, 2012 INTRODUCED BY Assembly Member Atkins FEBRUARY 22, 2012 An act to add Section 2076.6 to the Business and Professions Code, relating to healing arts  , and making an appropriation therefor  . LEGISLATIVE COUNSEL'S DIGEST AB 1848, as amended, Atkins. Physicians and surgeons: expert witness testimony. Existing law, the Medical Practice Act, provides for the licensing and regulation of physicians and surgeons in the state by the Medical Board of California under the Department of Consumer Affairs. Existing law provides exceptions from those licensing requirements to permit physicians and surgeons who are licensed in another state to practice medicine in California in specified circumstances. This bill would require a physician and surgeon who is licensed in another state to file  an application   a request for authorization  and  a  fee with the board and receive  approval   authorization  , as specified, prior to  offering   providing  expert witness testimony related to the practice of medicine in any legal proceeding in the state. A physician and surgeon so  approved   authorized  would be subject to discipline by the board. This bill would  make an appropriation because the application fees would   require the filing fee   for a request for authorization to  be deposited into the Contingent Fund of the Medical Board of California  , a continuously appropriated fund   to be used, upon appropriation by the Legislature, for developing the authorization process and processing requests  . Vote: majority. Appropriation:  yes   no  . Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2076.6 is added to the Business and Professions Code, to read: 2076.6. (a) A physician and surgeon who holds an active and valid license to practice medicine in another state shall file a written  application  request for authoriz   ation  with the board, using a form that the board shall create, and receive the approval of the board prior to providing expert witness testimony, under oath, relating to the practice of medicine in any legal proceeding in the state.  The application shall contain:   Prior to providing that testimony, the person shall do all of the following:   (1) Obtain authorization from the board to provide expert witness testimony after submitting to the board a copy of his or her valid license or certificate from each state in which the person holds licensure or certification and a photographic identification issued by one of those states in which the person holds licensure or certification. The board shall notify the person, within 20 calendar days of receiving a request for authorization, whether the board has approved or denied that request. If the person requests authorization to testify within 20 calendar days of the board's receipt of the person's request for authorization, the board shall make reasonable efforts to notify the person whether that request is approved or denied within that shorter time period.   (2) Satisfy the following requirements:   (A) The person has not committed any act or been convicted of a crime constituting grounds for denial of licensure or registration under Section 480 and is in good standing in each state in which he or she holds licensure or certification.   (B) The person has the appropriate education and experience to provide expert witness testimony, as determined by the board.   (C) The person shall agree to comply with all applicable practice requirements set forth in this division and the regulations adopted pursuant to this division.   (3) Submit to the board, on a form prescribed by the board, a request for authorization to provide expert witness testimony.   (4) Submit a statement declaring whether the person has previously held or applied for a California medical license and whether that license or application was ever suspended, revoked, or denied.   (1) The applicant's legal name, mailing address, and telephone number.   (2) The names of all jurisdictions where the applicant holds, has held, or has applied for, a license to practice medicine, the current status of each license or application, and the name of any jurisdictions in which a license or application has been suspended, revoked, or denied.   (3) A statement declaring whether the applicant has previously held or applied for a California medical license and whether that license or application was ever suspended, revoked, or denied.   (4) A   (5)     Submit a  list of any felonies or misdemeanors of which the  applicant   person  has been convicted in any jurisdiction.  (5) A   (6)     Submit a statement indicating whether the  applicant   person  has previously applied for, or held, an expert witness  certificate   registration  and whether any previous expert witness  certificate   registration  has been revoked by the board, or a similar board, committee, medical society, or administrative body in any other jurisdiction.  (7) Submit any additional information required by the board.  (b) The  application   request  shall be accompanied by a fee in an amount set by the board  by regulation  sufficient to cover the reasonable costs of processing the  application   request  . All fees collected under this section shall be deposited in the Contingent Fund of the Medical Board of California  and shall be available, upon appropriation by the Legislature, to cover the cost of developing the authorization process and processing the requests for authorization  . (c) If the board fails to approve or deny the  application   request  within  10   20  business days after receipt of the  application   request  and payment of the  application   filing  fee, the  application   request  shall be deemed approved. The board shall issue an expert witness  certificate   registration  to all approved  applicants   requesters  . The  certificate   registration  shall be valid for two years from issuance. (d) An expert witness  certificate   registration does not authorize the holder to practice medicine, as described in Section 2052. An expert witness  certificate   registration  shall be treated as a license in any disciplinary action and the holder of the  certificate   registration  shall be subject to discipline by the board. (e) A physician and surgeon who is authorized under this section to provide expert testimony relating to the practice of medicine shall be deemed to consent to the jurisdiction, and regulatory and disciplinary powers, of the board and shall be subject to the provisions of Section 2234. (f) An expert witness  certificate   registration  issued pursuant to this section shall be disclosed upon request to a member of the public and shall be posted on the board's Internet Web site.