Physicians and surgeons: sexual misconduct and offenses: revocation of certificate.

Plain English Breakdown

The official source does not specify if all class action settlements are subject to these provisions, only that it deems a class action settlement payment abandoned under certain conditions.

Doctors' Licenses and Unclaimed Settlements

This law changes how doctors' licenses are handled after sexual misconduct and makes class action settlement payments be considered abandoned if they can't be claimed.

What This Bill Does

• It stops doctors from getting their license back if it was taken away because of sexual misconduct or offenses, even if the board gave it back later.
• Doctors who had their licenses revoked for sexual reasons and got them back after January 1, 2020, can't ask to get their licenses again.
• It says that money from class action lawsuits is considered abandoned if no one claims it or if they can't be found.
• Abandoned settlement payments go to the state 90 days after being declared abandoned.

Who It Names or Affects

• Doctors who had their licenses revoked for sexual misconduct and got them back later.
• People involved in class action lawsuits whose money is not claimed or cannot be found.

Terms To Know

Certificate

A document that shows a doctor has the right to practice medicine.

Class Action Settlement Payment

Money given as part of a group lawsuit settlement.

Limits and Unknowns

• The bill does not say what happens if someone is wrongly accused and their license was reinstated.
• It's unclear how many doctors will be affected by the changes to license revocation rules.
• The exact amount of money that might go to the state from unclaimed class action settlements is unknown.

Official Summary Text

SB 849, as amended, Weber Pierson.
Unclaimed property: class action settlements.
Physicians and surgeons: sexual misconduct and offenses: revocation of certificate.
Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California. The act requires the board to automatically revoke a license under certain circumstances and authorizes the person to petition the board for reinstatement or modification of penalty after a specified period of time. Existing law prohibits the board from reinstating the certificate of a person under specified circumstances relating to the commission of sexual misconduct or sexual offenses.
This bill would require automatic revocation of a person’s certificate if the certificate was revoked based on a finding by the board that the person committed one of those specified acts or offenses and the certificate was
subsequently reinstated by the board on or after January 1, 2020. The bill would prohibit the person from petitioning the board for reinstatement or renewal of the certificate.
Existing law, the Unclaimed Property Law (UPL), prescribes the circumstances under which personal property escheats to the state and prescribes the manner in which escheated property must be delivered to the State Controller. Existing law establishes the Unclaimed Property Fund, a continuously appropriated fund, for the purpose of receiving money under the UPL. Existing law requires all money received under the Unclaimed Property Law to be deposited into the Abandoned Property Account of the Unclaimed Property Fund, which includes the proceeds of abandoned and escheated property as well as interest and penalties related to the failure to deliver or the untimely delivery of such property.
This bill would deem a class action settlement payment to be abandoned if a
class member cannot be located, does not file a claim for payment, or does not cash the settlement payment, as specified. The bill would provide that abandoned payments escheat to the state 90 days after their abandonment. The bill would make all class action settlements subject to these provisions. By increasing the revenue to a continuously appropriated fund, the bill would make an appropriation.

Current Bill Text

Download Bill PDF