May 22, 2019

May 22, 2019

Subscribe to Latest Legal News and Analysis

May 21, 2019

Subscribe to Latest Legal News and Analysis

May 20, 2019

Subscribe to Latest Legal News and Analysis

California Bill Would Require Hospitals, Clinics and Other Health Facilities to Report Allegations of Patient Sexual Abuse to State Regulators

Summary of Senate Bill 425 and How Hospitals, Clinics and Health Facilities Will Be Impacted

California Senate Bill 425, introduced in February 2019, would require health facilities and clinics to report any allegations of sexual abuse or sexual misconduct made against a clinician within 15 days of receiving the allegation. Senate Bill 425 was introduced in response to multiple unresolved complaints of alleged sexual misconduct, alleged drug and alcohol abuse and other professional misconduct.

Senate Bill 425’s reporting requirement would apply to doctors and a range of other medical professionals and employees 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. Failure to report would be punishable by significant monetary penalties of up to $100,000 per violation.

In addition to physicians, the reporting provisions would apply to allegations involving individuals licensed by California’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.

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 Medical Board determines that doing so prevents health and safety risks to the public.

Questions and Issues Raised by Senate Bill 425 Which Are Currently Unanswered

  • How will “sexual abuse” and “sexual misconduct” be defined for purposes of mandated reports under Senate Bill 425?

  • What impact will Senate Bill 425 have on internal hospital investigations and the peer review process?  

  • How will mandated reports affect the immunities offered under the California Business & Professions Code and Health Care Quality Improvement Act?

  • Will the mandatory reporting obligations apply to non-licensed facilities (e.g., medical office buildings) and clinicians and employees who witness misconduct outside hospitals and other health facilities?

  • Will the failure to report result in discipline relating to a clinician’s license?

Because Senate Bill 425 has not been passed by the California Legislature, stay tuned for new guidance, including comments from the California Medical Board. 

© Polsinelli PC, Polsinelli LLP in California

TRENDING LEGAL ANALYSIS


About this Author

Erin Muellenberg Medical Staff Law Attorney
Principal

Erin Muellenberg brings a strong skillset to her exclusive practice of medical staff law. As a former Director of Medical Staff Services in a large community-based hospital, she is intimately familiar with the daily operations of the Medical Staff Organization and its governance process. Erin’s practice focuses on advising hospitals, health systems, critical access hospitals, ambulatory surgery centers, and medical groups on the regulatory, compliance, and practical requirements for interfacing the medical staff and allied health professional staff with hospital operations.

Erin’s...

310.203.5322
Jonathon Cohn Institutional Health Care Attorney
Principal

Jon believes that the keys to effective legal representation include understanding our clients’ goals and identifying realistic pathways to achieve those goals. He knows clients value honesty, reliability, experience, and legal professionals who are knowledgeable about the worlds in which they operate.

For more than 25 years, Jon has focused on representing institutional health care providers, including general acute and long term care facilities. He is an experienced litigator and trial lawyer, and has represented health care providers in a variety of commercial disputes in state and federal courts in California and throughout the country. Jon has defended providers against reimbursement and compliance claims in administrative tribunals and state and federal courts, including the United States and California Supreme Courts. He also appears regularly in proceedings before the Departmental Appeals Board, which is the judicial body of the Department of Health and Human Services. 

Jon represents providers in transactional matters ranging from single facility deals to multi-million dollar sales, purchases, or leases of multi-facility chains involving multiple classes of licensure. He has helped clients obtain and protect licenses and certifications for:

  • General acute care hospitals

  • Nursing facilities

  • Sub-acute facilities 

  • ESRD dialysis clinics

  • Post surgical recovery centers

  • Ambulatory surgery centers

  • Behavioral health centers

  • Specialty hospitals 

  • Home health agencies

  • Hospice care providers

  • Adult day health care facilities

  • Home care companies

  • Federal health care clinics

  • PACE program providers

  • Assisted living facilities

  • Continuing care retirement communities

  • Alcohol and drug treatment programs

  • Group homes

Jon has defended clients in enforcement proceedings and from penalties ranging from CMPs and payment denial to termination from the Medicare/Medicaid Programs and license revocation. He has also been appointed as special health care counsel in multiple bankruptcy cases. Jon has been an expert witness and testified on a variety of topics related to health care including the provider based rules, the Anti-Kickback Statute, the False Claims Act, Medicare billing, and hospital-based transactions. 

310.556.6761
Associate

Ryan McAteer provides around-the-clock expertise and availability to clients. Ryan’s interest in health care stems from the 2010 Patient Protection and Affordable Care Act and his prior experience working for a global medical device and equipment manufacturer. Ryan is committed to achieving positive outcomes for health care clients, including corporate and regulatory counsel, hospital and health facility merger and acquisition support, and related research and legal guidance. He has been involved in several complex hospital, health system, and pharmacy transactions and...

310-203-5368