California 2025-2026 Regular Session

California Assembly Bill AB1215 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1215Introduced by Assembly Member FloraFebruary 21, 2025 An act to amend Sections 2282 and 2283 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1215, as introduced, Flora. Hospitals: medical staff membership.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and charges it with administrative and enforcement duties related to the provision of medical services under the act.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having 5 or more physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the organization, membership, and self-governance of the medical staff.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having less than 5 physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the membership of the medical staff.The act includes in the organization provisions licensed physicians and surgeons, as specified, and in the membership provisions physicians and surgeons, and other licensed practitioners, as specified.A violation of the act, unless otherwise expressly provided, is a crime.This bill would expand the required provisions related to organization to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals, as specified. The bill would expand the required provisions related to membership of medical staff to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, and nurse midwives, as specified. By expanding the required provisions, the lack thereof constituting unprofessional conduct, this bill would expand the scope of a crime, and would thereby impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 2. Section 2283 of the Business and Professions Code is amended to read:2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1215Introduced by Assembly Member FloraFebruary 21, 2025 An act to amend Sections 2282 and 2283 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1215, as introduced, Flora. Hospitals: medical staff membership.Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and charges it with administrative and enforcement duties related to the provision of medical services under the act.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having 5 or more physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the organization, membership, and self-governance of the medical staff.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having less than 5 physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the membership of the medical staff.The act includes in the organization provisions licensed physicians and surgeons, as specified, and in the membership provisions physicians and surgeons, and other licensed practitioners, as specified.A violation of the act, unless otherwise expressly provided, is a crime.This bill would expand the required provisions related to organization to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals, as specified. The bill would expand the required provisions related to membership of medical staff to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, and nurse midwives, as specified. By expanding the required provisions, the lack thereof constituting unprofessional conduct, this bill would expand the scope of a crime, and would thereby impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
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55
66
77
88
99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1215
1414
1515 Introduced by Assembly Member FloraFebruary 21, 2025
1616
1717 Introduced by Assembly Member Flora
1818 February 21, 2025
1919
2020 An act to amend Sections 2282 and 2283 of the Business and Professions Code, relating to healing arts.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1215, as introduced, Flora. Hospitals: medical staff membership.
2727
2828 Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and charges it with administrative and enforcement duties related to the provision of medical services under the act.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having 5 or more physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the organization, membership, and self-governance of the medical staff.The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having less than 5 physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the membership of the medical staff.The act includes in the organization provisions licensed physicians and surgeons, as specified, and in the membership provisions physicians and surgeons, and other licensed practitioners, as specified.A violation of the act, unless otherwise expressly provided, is a crime.This bill would expand the required provisions related to organization to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals, as specified. The bill would expand the required provisions related to membership of medical staff to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, and nurse midwives, as specified. By expanding the required provisions, the lack thereof constituting unprofessional conduct, this bill would expand the scope of a crime, and would thereby impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
2929
3030 Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and charges it with administrative and enforcement duties related to the provision of medical services under the act.
3131
3232 The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having 5 or more physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the organization, membership, and self-governance of the medical staff.
3333
3434 The act makes unprofessional conduct subject to discipline by the board the regular practice of medicine in a specified hospital having less than 5 physicians and surgeons on the medical staff without required provisions governing the operation of the hospital relating to records and to the membership of the medical staff.
3535
3636 The act includes in the organization provisions licensed physicians and surgeons, as specified, and in the membership provisions physicians and surgeons, and other licensed practitioners, as specified.
3737
3838 A violation of the act, unless otherwise expressly provided, is a crime.
3939
4040 This bill would expand the required provisions related to organization to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals, as specified. The bill would expand the required provisions related to membership of medical staff to additionally include dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, and nurse midwives, as specified.
4141
4242 By expanding the required provisions, the lack thereof constituting unprofessional conduct, this bill would expand the scope of a crime, and would thereby impose a state-mandated local program.
4343
4444 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
4545
4646 This bill would provide that no reimbursement is required by this act for a specified reason.
4747
4848 ## Digest Key
4949
5050 ## Bill Text
5151
5252 The people of the State of California do enact as follows:SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 2. Section 2283 of the Business and Professions Code is amended to read:2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
5353
5454 The people of the State of California do enact as follows:
5555
5656 ## The people of the State of California do enact as follows:
5757
5858 SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.
5959
6060 SECTION 1. Section 2282 of the Business and Professions Code is amended to read:
6161
6262 ### SECTION 1.
6363
6464 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.
6565
6666 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.
6767
6868 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(d) Provision that adequate and accurate medical records be prepared and maintained for all patients.
6969
7070
7171
7272 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:
7373
7474 (a) Provision for the organization of physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other health care professionals licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.
7575
7676 (b) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.
7777
7878 (c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.
7979
8080 (d) Provision that adequate and accurate medical records be prepared and maintained for all patients.
8181
8282 SEC. 2. Section 2283 of the Business and Professions Code is amended to read:2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.
8383
8484 SEC. 2. Section 2283 of the Business and Professions Code is amended to read:
8585
8686 ### SEC. 2.
8787
8888 2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.
8989
9090 2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.
9191
9292 2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:(a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(b) Provision that adequate and accurate medical records be prepared and maintained for all patients.
9393
9494
9595
9696 2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct:
9797
9898 (a) Provision that membership on the medical staff shall be restricted to physicians and surgeons surgeons, dentists, podiatrists, clinical psychologists, nurse practitioners, nurse anesthetists, nurse midwives, and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.
9999
100100 (b) Provision that adequate and accurate medical records be prepared and maintained for all patients.
101101
102102 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
103103
104104 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
105105
106106 SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
107107
108108 ### SEC. 3.