Senate Bill 425 Would Close Reporting Gaps on Sexual Abuse

Article Source: CA State Senator Jerry Hill

If YOU are near the CA State Capitol Monday April 8 2019 ---

News Conference, 10 AM Monday, April 8, State Capitol

USC Grads Join Senator Jerry Hill to Urge Passage of Bill Requiring Hospitals and Clinics to Report Allegations of Patient Sexual Abuse to State Regulators

Senate Bill 425 Would Close Reporting Gaps That Can Keep Regulators in the Dark for Years While Shielding Bad Actors

Legislation Faces First Hearing Monday in State Capitol

SACRAMENTO – Three graduates of the University of Southern California – a prosecutor, a lawyer and a health administration professional – join Senator Jerry Hill in a news conference on Monday to urge lawmakers to pass Senate Bill 425. This patient safety bill would ensure that hospitals, clinics and other medical facilities report allegations of sexual misconduct against patients by doctors and other medical professionals to state regulators within 15 days.

WHAT: New conference on SB 425 with patients of the former USC gynecologist now under investigation for alleged sexual abuse spanning almost 30 years.

WHEN: 10 AM Monday, April 8, 2019

WHERE: State Capitol, Room 447, Fourth Floor, Historic Side of the Capitol

WHO: In addition to Senator Hill, D-San Mateo and Santa Clara Counties, speakers are expected to include:
· Audry Nafziger, a USC law graduate and Southern California prosecutor
· Ja’Mesha Morgan, a USC law graduate and employment law attorney
· Lucy Chi, a masters graduate of the USC health administration program

BACKGROUND

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.

WHAT SB 425 Does

SB 425 is the result of Senator Hill’s hearing. Under SB 425, 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.

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.

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 on 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, 2019, 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.

What Happens on Monday

In addition to the news conference at 10 a.m., SB 425 will have its first legislative review hearing. The Senate Business, Professions and Economic Development Committee, chaired by Senator Steve Glazer, D-Orinda, convenes at noon Monday in State Capitol Room 3191 for hearings on SB 425 and several other bills. SB 425 is currently 10th on the agenda.

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Resources

Text of SB 425:
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB425

Video of the 2018 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 2018 hearing can be viewed here:
https://sbp.senate.ca.gov/informationalhearings

Contact: Leslie Guevarra, 415-298-3404, leslie.guevarra@sen.ca.gov

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Robert Riechel

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Source Credit: CA State Senator Jerry Hill

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

Local Contact: 1528 South El Camino Real San Mateo CA 94402

Phone: 650 – 212 – 3313 Fax: 650 – 212 - 3320

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