Oversight Hearing of the Senate Committee on Business, Professions, and Economic Development (May 6, 2022)

Summary

This is the agenda for an Oversight Hearing of the Senate Committee on Business, Professions, and Economic Development titled "Medical Board of California: Enforcement Processes, Deficiencies, and Opportunities for Reform," set for Friday, May 6, 2022, at 9:00 am. It opens with remarks from State Senator Richard D. Roth, Chair. The agenda poses questions such as whether the evidentiary standard should be changed from "clear and convincing" to a "preponderance of the evidence" for some or all Medical Board of California disciplinary cases. Presenters listed include Kristina Lawson, President, and William Prasifka, Executive Director, of the Medical Board of California, along with Kathleen Nicholls and Amy Alley. It closes with comment from Dennis Cuevas-Romero of the California Medical Association and public comment.

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“Oversight Hearing of the Senate Committee on Business, Professions, and Economic Development (May 6, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-05-06-5-6-22-agenda-09fea6d132/, SHA-256 a777fa3e94bb0994204e09ba6c836b494a5bf2134e9d4edbcdc0df7b7237d429.

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Vice-Chair Staff Director
Melendez, Melissa A. Sarah Mason

Members
Archuleta, Bob
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Consultant
Elissa Silva
Bates, Patricia C. Dana Shaker
Becker, Josh Alexandria Smith Davis
Dodd, Bill
Eggman, Susan Talamantes
Hurtado, Melissa Committee Assistant
Jones, Brian W. Krimilda McKenzie
Leyva, Connie M.
Min, Dave
Newman, Josh
Ochoa Bogh, Rosilicie
RICHARD ROTH
Pan, Richard CHAIR

Oversight Hearing of the
Senate Committee on Business, Professions, and Economic Development
Medical Board of California: Enforcement Processes, Deficiencies, and Opportunities for
Reform - Evaluating the Medical Board of California’s
2022 Proposals for Statutory Updates

Friday, May 6, 2022
9:00 am
1021 O Street, Suite 1200

AGENDA
1. Opening Remarks
a. State Senator Richard D. Roth, Chair, Senate Committee on Business, Professions,
and Economic Development

2. How are complaints against Medical Board of California licensees investigated?
a. Kathleen Nicholls, Deputy Chief, California Department of Consumer Affairs,
Division of Investigation, Health Quality Investigation Unit

3. What role and responsibility does the Office of the Attorney General have in the Medical
Board of California’s enforcement process?
a. Amy Alley, Director, Office of Legislative Affairs, California Department of Justice

4. Should the evidentiary standard be changed from “clear and convincing” to a
“preponderance of the evidence” for some or all Medical Board of California disciplinary
cases?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Kerrie Webb, Staff Counsel, Medical Board of California

5. Is current law sufficient regarding mandatory reporting of physician practice and conduct
by health facilities to the Medical Board of California?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Kerrie Webb, Staff Counsel, Medical Board of California

6. Should the statute of limitations for subpoena enforcement during the investigatory
process be changed, and if so, how?
a. Kristina Lawson, President, Medical Board of California
b. Kerrie Webb, Staff Counsel, Medical Board of California
c. Jenna Jones, Chief of Enforcement, Medical Board of California

7. Should the requirements be changed for petitioners seeking a modification to their
probation terms or licensure reinstatement?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Jenna Jones, Chief of Enforcement, Medical Board of California

8. Should the Medical Board of California’s complaint investigation and disciplinary
process include complainant participation and is it time to establish a complainant
advocate?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Kerrie Webb, Staff Counsel, Medical Board of California

9. Do the Legislature and public need greater access to Medical Board of California
disciplinary case results, including the nature of the initial complaint leading to
investigation, facts of the case, discipline imposed, and the rationale for the specific
discipline?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Kerrie Webb, Staff Counsel, Medical Board of California

10.What is the actual role of Medical Board of California board members in the disciplinary
process? What benefit would be achieved by adding additional members of the public to
the Medical Board of California, specifically in regards to the disciplinary process?
a. Kristina Lawson, President, Medical Board of California
b. William Prasifka, Executive Director, Medical Board of California
c. Kerrie Webb, Staff Counsel, Medical Board of California

11.Medical Community Comment
a. Dennis Cuevas-Romero, Legislative Advocate, California Medical Association

12. Public Comment

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