Requiring Hospitals To Report Allegations Of Patient Sexual Abuse

Article Source: CA State Senator Jerry Hill

Senator Jerry Hill Introduces Bill Requiring Hospitals and Clinics to Report Allegations of Patient Sexual Abuse Involving Doctors to Licensing Authorities Within 15 Days

Legislation Seeks to Close Reporting Gaps That Can Keep Regulators in the Dark for Years While Shielding Bad Actors

SACRAMENTO – Hospitals, clinics and other health facilities would be required to report allegations of patient sexual abuse and other sexual misconduct by medical professionals to the appropriate state licensing authorities within 15 days under a bill introduced today by state Senator Jerry Hill.

The reporting requirement of Senate Bill 425 applies to doctors and a range of other medical professionals who work at hospitals, clinics and a variety of health facilities. The bill aims to close legal loopholes that can allow a subject of repeated sexual abuse and misconduct complaints to work at a health facility for years because the relevant regulatory board is not notified by the facility of the allegations against a licensee.

“Allegations of sexual abuse or misconduct by doctors and other medical professionals must be reported swiftly to the appropriate licensing board for review so that regulators can determine whether to conduct an independent, confidential investigation,” said state Senator Hill, D- San Mateo and Santa Clara Counties. “State regulatory boards cannot fulfill their responsibilities to protect patients and other consumers, if they are not notified of these serious allegations involving their licensees. The failure to do so shields bad actors while exposing patients to greater risks.”

Speaking in support of SB 425, Nancy Peverini, legislative director of Consumer Attorneys of California said: “Sexual assault by a medical professional must be immediately and appropriately brought to the attention of the state licensing agency.“Patient safety and health must always come first and SB 425 will assist in that goal.”

“Sexual abuse allegations don’t belong in the circular file,” said Carmen Balber, executive director of Consumer Watchdog. “Investigations should start immediately if a doctor is suspected of sexual misconduct to protect other patients from harm.”

What Prompted SB 425

In May 2018, a news investigation by the Los Angeles Times disclosed multiple unresolved complaints of alleged sexual misconduct involving University of Southern California’s former gynecologist, who worked at the university for almost 30 years – examining or treating thousands of women – before resigning in 2017. It was the second time in less than a year that the news organization uncovered long-standing complaints of alleged wrongdoing by a prominent USC doctor. The earlier case involved alleged drug and alcohol abuse and other professional misconduct by the former dean of the university’s medical school during his tenure; he resigned in 2016. Neither case was reported to the Medical Board of California, which licenses doctors and physicians and enforces the business and profession laws pertaining to the field, when complaints about the doctors initially surfaced.

The exposé prompted Senator Hill as then-chair of the Senate Business, Professions and Economic Development Committee to conduct a hearing on sexual misconduct reporting in the medical profession. The differing reporting standards for various health facilities were among the issues raised in the hearing. Some health facilities, because of their size or type, have no requirement to report allegations of patient sexual abuse or sexual misconduct involving medical professionals to any licensing board. Other health facilities have in-house peer review groups that decide whether a complaint should be forwarded to the appropriate licensing board. Existing law also enables physicians and surgeons to prolong their licensing board’s inquiry into allegations by repeatedly failing to show up for investigative interviews.

Lucy Chi, a 2014 graduate of USC’s Masters of Health Administration program, testified during the hearing about the need to toughen the requirements for hospitals and clinics to report allegations of patient sexual abuse and sexual misconduct by doctors. Ms. Chi, one of hundreds of women who have sued USC for its handling of complaints involving its former gynecologist, also offered a statement in support of SB 425.

“As a victim of Dr. George Tyndall and a current health administrative professional, I believe any delays in reporting physician sexual misconduct would endanger countless patients,” said Ms. Chi. “If USC had reported Dr. Tyndall's sexual misconduct, I, along with countless other victims, would have been spared sexual abuse by our physician. It's truly disheartening that due to legal loopholes, a predator was allowed to sexually abuse his patients for almost 30 years. I wholeheartedly support Senator Hill's proposed amendments to existing law.”

The former gynecologist has denied all allegations, however, USC has broached a $215 million settlement of a federal class action lawsuit spurred by the controversy. Lawsuits on behalf of more than 400 women are still pending in state court.

Addressing the Problem

SB 425 gives hospitals, clinics and other health facilities 15 days from the time they receive an allegation of patient sexual abuse or sexual misconduct involving medical professionals who work on their premises to report the allegation to the appropriate state licensing board.

In addition to allegations against physicians and surgeons, the reporting provisions of SB 425 would apply to allegations involving individuals licensed by the state’s Podiatric Medical Board, the Board of Psychology, the Dental Board, the Dental Hygiene Board, the Osteopathic Medical Board, the Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians, the Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board, the Board of Pharmacy, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the Board of Occupational Therapy, the Acupuncture Board and the Physician Assistant Board.

Each incident of failing to report as SB 425 requires would be subject to a civil fine of as much as $50,000. The fine would increase to as much as $100,000 for each willful failure to report.

Patient sexual abuse and sexual misconduct allegations would remain private unless a regulatory board pursues the case through the filing of disciplinary charges, which are called an accusation and are made public.

The legislation also gives the Medical Board the authority to suspend physicians and surgeons from practice while an investigation of patient sexual abuse or sexual misconduct is pending, if the board determines that doing so prevents health and safety risks to the public.

Also, SB 425 seeks to stem attempts by physicians and surgeons to prolong Medical Board investigations into allegations by failing to show up for interviews without good cause. Doing so would be deemed an instance of “unprofessional misconduct” for which “the board shall take action,” according to the legislation.

In addition, SB 425 requires that if physicians or surgeons have been issued probationary licenses to practice in California – either because they have transferred from another state, or are newly minted doctors, with disciplinary actions on their record that require transparency but do not preclude them from practicing medicine – the record relating to that probationary license must remain publicly posted online n the Medical Board’s website for 10 years.

SB 425 builds on Senator Hill’s legislation to improve patient safety and protect vulnerable populations from individuals who abuse positions of trust. Last September, Governor Brown signed SB 1448, the Patient’s Right to Know Act, by Senator Hill. Starting July 1, the new law requires doctors and other medical professionals to notify patients if placed on probation in cases of sexual misconduct and other serious misconduct involving patient harm.

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SB 425 will be available online at http://leginfo.legislature.ca.gov/ within 24 hours.

The bill’s text, as introduced, is available here:
https://sd13.senate.ca.gov/sites/sd13.senate.ca.gov/files/sb425_asintroduced_02-21-2019.pdf

Video of the hearing, Sexual Misconduct Reporting in the Medical Profession: Missed Opportunities to Protect Patients, can be viewed here:
http://calchannel.granicus.com/MediaPlayer.php?view_id=7&clip_id=5613

The agenda and background paper prepared for the hearing can be viewed here:
https://sbp.senate.ca.gov/informationalhearings

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Robert Riechel

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Source Credit: CA State Senator Jerry Hill

Web Site: http://sd13.senate.ca.gov/

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