California legislator proposes bill requiring physicians to disclose probation status

In response to public criticism of a lack of oversight by the Medical Board of California, a state senator has proposed legislation requiring all physicians to disclose to patients if they have been placed on probation by the board, according to NBC Bay Area.

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Of the nearly 110,990 physicians practicing medicine in the state, more than 600 are currently on probation for offenses such as deadly medical errors, drug use and criminal convictions, according to the most recent available data from the Medical Board of California cited by NBC Bay Area.

While physicians are required by law to disclose their probationary status to the hospital they are affiliated with and their insurance company, they are not required to disclose their status to patients, according to state Sen. Jerry Hill, D-San Mateo.

Mr. Hill proposed legislation that would boost patient protection and require physicians to notify their patients if they are practicing while on probation, according to the report.

The Medical Board of California originally issued a statement opposing the requirement, stating disclosure would interfere with the physician-patient relationship and may cause patients to lose faith in a practitioner’s abilities if they discovered the physician was on probation. However, the board later revised its stance and issued a proposal supporting the disclosure of a physician’s probation status in cases of sexual abuse and criminal convictions. The board’s proposal would not require physicians disciplined for negligence to notify their patients, according to the report.

A Senate committee will debate the bill Monday. A final vote is “likely months away,” according to the report.

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