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

Plain English Breakdown

The bill summary and digest do not provide specific details on how the law will handle cases of wrongful accusations leading to license reinstatement.

Doctors' Licenses and Unclaimed Settlements

This law requires automatic revocation of doctors' licenses if they were previously reinstated after being revoked for sexual misconduct or offenses, and it deems class action settlement payments abandoned if unclaimed.

What This Bill Does

• It mandates that a doctor's medical certificate is automatically revoked again if the certificate was previously reinstated by the board on or after January 1, 2020, following an initial revocation for sexual misconduct or offenses.
• Doctors whose certificates were reinstated under these circumstances cannot petition the board to reinstate their license again.

Who It Names or Affects

• Physicians and surgeons whose medical certificates were revoked for sexual misconduct or offenses and subsequently reinstated on or after January 1, 2020.
• People involved in class action lawsuits where settlement payments are not claimed.

Terms To Know

Certificate

A document that shows a doctor is allowed to practice medicine.

Class Action Settlement Payment

Money given as part of a court settlement in a case where many people are involved.

Limits and Unknowns

• The bill does not address the consequences for doctors who had their licenses reinstated before January 1, 2020.
• It is unclear how this will affect individuals who were wrongly accused and had their license reinstated.

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This bill would require automatic revocation of a person’s certificate if the certificate was revoked based on a finding by the board that the person committed one of those specified acts or offenses and the certificate was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