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This year, it has staked out strong and sometimes surprising positions on the legalization of marijuana, Medi-Cal provider rates and the role it believes nurse practitioners should play in patient care.\u003c/p>\n\u003caside class=\"pullquote alignright\">One in three Californians is now on Medi-Cal. That is the public option. It needs to be funded. Right now, they’re funding it through discounts to physicians.\u003ccite>Steven Larson, California Medical Association president \u003c/cite>\u003c/aside>\n\u003cp>\u003ca href=\"http://californiahealthline.org/\" target=\"_blank\">\u003cu>California Healthline\u003c/u>\u003c/a> discussed these positions with current CMA president, \u003ca href=\"http://www.cmanet.org/about/cma-governance/cma-executive-committee/steven-larson-md/\" target=\"_blank\">\u003cu>Steven Larson\u003c/u>\u003c/a>, a primary care and infectious disease physician who practices in Riverside. Larson is also CEO of Riverside Medical Clinic, a multispecialty medical group.\u003c/p>\n\u003cp>Among Larson’s points is that his organization — which has long battled the state over low Medi-Cal reimbursement rates for doctors — is now taking its fight to the people. Medi-Cal is the state’s Medicaid program for low-income residents. It provides coverage to more than 13 million people, and the rates California pays to participating physicians are among the lowest in the country.\u003c/p>\n\u003cp>Larson said the CMA is looking to the state’s initiative process for relief. Proposition 56, a proposed cigarette tax, and Proposition 55, an extension of the Proposition 30 income tax increases that voters approved in 2012, \u003ca href=\"http://www.sos.ca.gov/administration/news-releases-and-advisories/2016-news-releases-and-advisories/proposition-numbers-november-ballot-measures/\" target=\"_blank\">\u003cu>are both on the November ballot\u003c/u>\u003c/a>. If they pass, they’re expected to provide some money for Medi-Cal services.\u003c/p>\n\u003cp>“We have to do it on our own because the state government is not very sympathetic,” Larson said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Q: With roughly 80 percent of Medi-Cal enrollees now in managed care and that number rising, shouldn’t your argument that payments to doctors are too low be addressed to private insurance companies instead of the stat\u003c/strong>e?\u003c/p>\n\u003cp>The managed care reimbursement to Medi-Cal providers is much lower than commercial rates. Just being in managed care doesn’t mean the rates are competitive with commercial rates. Not only are they not competitive, they are not sustainable for most practices.\u003c/p>\n\u003cp>Right now these patients are disadvantaged. If you have cancer in Medi-Cal, you do no better than if you have no insurance at all. That was \u003ca href=\"http://www.latimes.com/local/california/la-me-cancer-disparities-20151119-story.html\" target=\"_blank\">\u003cu>in the Los Angeles Times recently\u003c/u>\u003c/a>. I think that’s true. They have no access.\u003c/p>\n\u003cp>\u003ca href=\"http://www.bayareaeconomy.org/files/pdf/MainstreamingMedi-Cal.pdf\" target=\"_blank\">\u003cu>California is 47th out of 50 states\u003c/u>\u003c/a> in Medicaid payments to physicians. That includes managed care.\u003c/p>\n\u003cp>What we’re doing now is hoping to create revenue through taxation that’s directed to Medi-Cal rates. The cigarette tax initiative and perhaps some of the Proposition 30 extension monies might go toward propping up Medi-Cal rates.\u003c/p>\n\u003cp>\u003cstrong>Q: You’re saying that the CMA is using the ballot process to try to increase payments to doctors because its efforts through the Legislature have failed?\u003c/strong>\u003c/p>\n\u003cp>Absolutely. We have decided we have to do it on our own because the state government is not very sympathetic. We’ve gone to them many times and it doesn’t seem to matter.\u003c/p>\n\u003cp>The idea is that the citizens of California with Medi-Cal have no access because of low reimbursement rates to doctors.\u003c/p>\n\u003cp>One in three Californians is now on Medi-Cal. That is the public option. It needs to be funded. Right now, they’re funding it through discounts to physicians. And now they have added undocumented children to full Medi-Cal coverage.\u003c/p>\n\u003cp>\u003cstrong>Q: If these ballot initiatives pass and there’s more funding for Medi-Cal, how should it be distributed?\u003c/strong>\u003c/p>\n\u003cp>We hope the money flows through the system, both in managed care and fee-for-service.\u003c/p>\n\u003cp>You have to understand the managed care plans pay primary care physicians a capitated, per member, per month rate. They pay specialists the Medi-Cal fee-for-service rates.\u003c/p>\n\u003cp>An office visit for Medi-Cal is about $16. That’s for a primary care visit and a follow-up visit for a specialist. That’s what I pay for a haircut. There’s something wrong about that.\u003c/p>\n\u003cp>\u003cstrong>Q: You mentioned that immigrant children without papers can now get full Medi-Cal. Should adult immigrants who are here without proper documentation also get it?\u003c/strong>\u003c/p>\n\u003cp>We don’t have an official CMA policy on that. We do have a policy that states that all people who reside in the state should have insurance coverage. I certainly think we should expand Medi-Cal to all individuals that can’t afford health insurance through other means. That’s my personal belief, not the CMA position.\u003c/p>\n\u003cp>\u003cstrong>Q: The CMA says it \u003ca href=\"http://www.cmanet.org/news/press-detail/?article=ca-medical-association-announces-support-for\" target=\"_blank\">\u003cu>does not “encourage the use of marijuana and discourages smoking\u003c/u>\u003c/a>.” Yet it supports an initiative on the November ballot to \u003ca href=\"https://ballotpedia.org/California_Marijuana_Legalization_Initiative,_Proposition_64_(2016)\" target=\"_blank\">\u003cu>legalize marijuana\u003c/u>\u003c/a>. Why?\u003c/strong>\u003c/p>\n\u003cp>It sounds like a high-wire act. In reality, we suspect that marijuana may have some beneficial medical effects and it’s difficult to research those in the current climate.\u003c/p>\n\u003cp>We also know that marijuana is harmful to developing brains. We want to avoid it getting into the hands of adolescents. Our understanding is that it’s easier for high school kids to get marijuana than tobacco or alcohol. It shouldn’t be… If we could regulate marijuana, then we would hope it would be less available to adolescents. The black market will dry up.\u003c/p>\n\u003cp>\u003cstrong>Q: Isn’t there a risk that making it legal will create an industry with marketing clout similar to tobacco or unhealthy foods, thus increasing consumption?\u003c/strong>\u003c/p>\n\u003cp>We’re very concerned about that. We oppose smoking marijuana or ingesting marijuana for nonmedicinal reasons. But we’re not so naïve to think it’s not going to happen.\u003c/p>\n\u003cp>Right now, medicinal marijuana is terribly abused and misused and puts physicians in the middle. I’m a practicing physician and some patients inappropriately want a diagnosis to obtain marijuana.\u003c/p>\n\u003cp>The harm reduction in adolescents outweighs the risk. Some adults who smoke it already will continue to smoke it. I don’t think a lot of adults will go out and start smoking.\u003c/p>\n\u003cp>\u003cstrong>Q: A proposed law to allow nurse practitioners more independence in treating patients \u003ca href=\"http://californiahealthline.org/news/california-nurse-practitioners-lose-battle-for-independent-practice-again/\" target=\"_blank\">\u003cu>failed in the Legislature again this year\u003c/u>\u003c/a>. You opposed it. Why not allow it, particularly in the Medi-Cal population, thus making care more available?\u003c/strong>\u003c/p>\n\u003cp>Many of our practices, including my own, have nurse practitioners. We do not feel they should practice independently. If we allow them to practice medicine, they should have the same standards that physicians have. They should be licensed by the Medical Board. They should have the same liability and educational requirements.\u003c/p>\n\u003cp>Yes, nurse practitioners could help us treat diabetes, hypertension, obesity and many common diseases. It’s the uncommon diseases they haven’t been trained to treat, or even identify. When a person is going to a practice for a diagnosis, they need to go to a diagnostician, which would be a physician, not a nurse practitioner.\u003c/p>\n\u003cp>There’s no reason why we can’t expand access just because they require supervision. They can help with telehealth. Let’s say they’re in a remote location and through telehealth they communicate with a physician who oversees the patient’s history and lab studies. We think the supervision safeguards the public.\u003c/p>\n\u003cp>\u003cstrong>Q: Some other states already have given nurse practitioners more authority. Have there been problems there?\u003c/strong>\u003c/p>\n\u003cp>In other states that have allowed it, there are very few nurse practitioners that are practicing independently. For the most part, they recognize their liabilities and deficiencies. They want to practice in the same desirable locations that physicians do. So they frequently don’t go to areas of shortages and treat Medicaid patients, which is the rationale they’re giving for their scope-of-practice expansion [in California].\u003c/p>\n\u003cp>\u003cstrong>Q: How would you respond to people who say doctors oppose expanding scope of practice for nurse practitioners because they don’t want to see prices for their services suppressed by an influx of new providers?\u003c/strong>\u003c/p>\n\u003cp>That’s simply not true. Show me a state where they have had an influx of unsupervised nurse practitioners where the prices have dropped.\u003c/p>\n\u003cp>Having additional providers does not decrease the cost of care. It increases the cost of care. Tests cost money. The less trained an individual is, the more ancillary tests they’ll order.\u003c/p>\n\u003cp>\u003cstrong>Q: On the cost of prescription drugs, why support Sen. Ed Hernandez’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1010\" target=\"_blank\">\u003cu>drug transparency bill\u003c/u>\u003c/a> yet fight \u003ca href=\"https://ballotpedia.org/California_Proposition_61,_Drug_Price_Standards_Initiative_(2016)\" target=\"_blank\">\u003cu>the initiative that will be on the November ballot\u003c/u>\u003c/a> to regulate the price that state agencies pay for drugs?\u003c/strong>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>The reason we oppose the [ballot] initiative is we believe it is poorly written. We think it’s cumbersome to tie drug costs to [Department of Veterans Affairs] drug pricing. It will probably result in drug shortages for California and it will inhibit innovation.\u003c/p>\n\n","blocks":[],"excerpt":"For starters, Steven Larson explains why it's time to go straight to voters with ballot measures aimed at increasing how much Medi-Cal pays physicians.","status":"publish","parent":0,"modified":1468611013,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":40,"wordCount":1519},"headData":{"title":"In Conversation with the Head of California's Physician Lobby | KQED","description":"For starters, Steven Larson explains why it's time to go straight to voters with ballot measures aimed at increasing how much Medi-Cal pays physicians.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"Article","headline":"In Conversation with the Head of California's Physician Lobby","datePublished":"2016-07-14T17:03:34.000Z","dateModified":"2016-07-15T19:30:13.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"disqusIdentifier":"212626 http://ww2.kqed.org/stateofhealth/?p=212626","disqusUrl":"https://ww2.kqed.org/stateofhealth/2016/07/14/in-conversation-with-the-head-of-californias-physician-lobby/","disqusTitle":"In Conversation with the Head of California's Physician Lobby","nprByline":"Emily Bazar\u003cbr />\u003ca href=\"http://californiahealthline.org/\">California Healthline\u003c/a>","path":"/stateofhealth/212626/in-conversation-with-the-head-of-californias-physician-lobby","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The \u003ca href=\"http://www.cmanet.org/\" target=\"_blank\">\u003cu>California Medical Association\u003c/u>\u003c/a>, which represents about 41,000 doctors, has been at the heart of health care deliberations in Sacramento for decades. This year, it has staked out strong and sometimes surprising positions on the legalization of marijuana, Medi-Cal provider rates and the role it believes nurse practitioners should play in patient care.\u003c/p>\n\u003caside class=\"pullquote alignright\">One in three Californians is now on Medi-Cal. That is the public option. It needs to be funded. Right now, they’re funding it through discounts to physicians.\u003ccite>Steven Larson, California Medical Association president \u003c/cite>\u003c/aside>\n\u003cp>\u003ca href=\"http://californiahealthline.org/\" target=\"_blank\">\u003cu>California Healthline\u003c/u>\u003c/a> discussed these positions with current CMA president, \u003ca href=\"http://www.cmanet.org/about/cma-governance/cma-executive-committee/steven-larson-md/\" target=\"_blank\">\u003cu>Steven Larson\u003c/u>\u003c/a>, a primary care and infectious disease physician who practices in Riverside. Larson is also CEO of Riverside Medical Clinic, a multispecialty medical group.\u003c/p>\n\u003cp>Among Larson’s points is that his organization — which has long battled the state over low Medi-Cal reimbursement rates for doctors — is now taking its fight to the people. Medi-Cal is the state’s Medicaid program for low-income residents. It provides coverage to more than 13 million people, and the rates California pays to participating physicians are among the lowest in the country.\u003c/p>\n\u003cp>Larson said the CMA is looking to the state’s initiative process for relief. Proposition 56, a proposed cigarette tax, and Proposition 55, an extension of the Proposition 30 income tax increases that voters approved in 2012, \u003ca href=\"http://www.sos.ca.gov/administration/news-releases-and-advisories/2016-news-releases-and-advisories/proposition-numbers-november-ballot-measures/\" target=\"_blank\">\u003cu>are both on the November ballot\u003c/u>\u003c/a>. If they pass, they’re expected to provide some money for Medi-Cal services.\u003c/p>\n\u003cp>“We have to do it on our own because the state government is not very sympathetic,” Larson said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Q: With roughly 80 percent of Medi-Cal enrollees now in managed care and that number rising, shouldn’t your argument that payments to doctors are too low be addressed to private insurance companies instead of the stat\u003c/strong>e?\u003c/p>\n\u003cp>The managed care reimbursement to Medi-Cal providers is much lower than commercial rates. Just being in managed care doesn’t mean the rates are competitive with commercial rates. Not only are they not competitive, they are not sustainable for most practices.\u003c/p>\n\u003cp>Right now these patients are disadvantaged. If you have cancer in Medi-Cal, you do no better than if you have no insurance at all. That was \u003ca href=\"http://www.latimes.com/local/california/la-me-cancer-disparities-20151119-story.html\" target=\"_blank\">\u003cu>in the Los Angeles Times recently\u003c/u>\u003c/a>. I think that’s true. They have no access.\u003c/p>\n\u003cp>\u003ca href=\"http://www.bayareaeconomy.org/files/pdf/MainstreamingMedi-Cal.pdf\" target=\"_blank\">\u003cu>California is 47th out of 50 states\u003c/u>\u003c/a> in Medicaid payments to physicians. That includes managed care.\u003c/p>\n\u003cp>What we’re doing now is hoping to create revenue through taxation that’s directed to Medi-Cal rates. The cigarette tax initiative and perhaps some of the Proposition 30 extension monies might go toward propping up Medi-Cal rates.\u003c/p>\n\u003cp>\u003cstrong>Q: You’re saying that the CMA is using the ballot process to try to increase payments to doctors because its efforts through the Legislature have failed?\u003c/strong>\u003c/p>\n\u003cp>Absolutely. We have decided we have to do it on our own because the state government is not very sympathetic. We’ve gone to them many times and it doesn’t seem to matter.\u003c/p>\n\u003cp>The idea is that the citizens of California with Medi-Cal have no access because of low reimbursement rates to doctors.\u003c/p>\n\u003cp>One in three Californians is now on Medi-Cal. That is the public option. It needs to be funded. Right now, they’re funding it through discounts to physicians. And now they have added undocumented children to full Medi-Cal coverage.\u003c/p>\n\u003cp>\u003cstrong>Q: If these ballot initiatives pass and there’s more funding for Medi-Cal, how should it be distributed?\u003c/strong>\u003c/p>\n\u003cp>We hope the money flows through the system, both in managed care and fee-for-service.\u003c/p>\n\u003cp>You have to understand the managed care plans pay primary care physicians a capitated, per member, per month rate. They pay specialists the Medi-Cal fee-for-service rates.\u003c/p>\n\u003cp>An office visit for Medi-Cal is about $16. That’s for a primary care visit and a follow-up visit for a specialist. That’s what I pay for a haircut. There’s something wrong about that.\u003c/p>\n\u003cp>\u003cstrong>Q: You mentioned that immigrant children without papers can now get full Medi-Cal. Should adult immigrants who are here without proper documentation also get it?\u003c/strong>\u003c/p>\n\u003cp>We don’t have an official CMA policy on that. We do have a policy that states that all people who reside in the state should have insurance coverage. I certainly think we should expand Medi-Cal to all individuals that can’t afford health insurance through other means. That’s my personal belief, not the CMA position.\u003c/p>\n\u003cp>\u003cstrong>Q: The CMA says it \u003ca href=\"http://www.cmanet.org/news/press-detail/?article=ca-medical-association-announces-support-for\" target=\"_blank\">\u003cu>does not “encourage the use of marijuana and discourages smoking\u003c/u>\u003c/a>.” Yet it supports an initiative on the November ballot to \u003ca href=\"https://ballotpedia.org/California_Marijuana_Legalization_Initiative,_Proposition_64_(2016)\" target=\"_blank\">\u003cu>legalize marijuana\u003c/u>\u003c/a>. Why?\u003c/strong>\u003c/p>\n\u003cp>It sounds like a high-wire act. In reality, we suspect that marijuana may have some beneficial medical effects and it’s difficult to research those in the current climate.\u003c/p>\n\u003cp>We also know that marijuana is harmful to developing brains. We want to avoid it getting into the hands of adolescents. Our understanding is that it’s easier for high school kids to get marijuana than tobacco or alcohol. It shouldn’t be… If we could regulate marijuana, then we would hope it would be less available to adolescents. The black market will dry up.\u003c/p>\n\u003cp>\u003cstrong>Q: Isn’t there a risk that making it legal will create an industry with marketing clout similar to tobacco or unhealthy foods, thus increasing consumption?\u003c/strong>\u003c/p>\n\u003cp>We’re very concerned about that. We oppose smoking marijuana or ingesting marijuana for nonmedicinal reasons. But we’re not so naïve to think it’s not going to happen.\u003c/p>\n\u003cp>Right now, medicinal marijuana is terribly abused and misused and puts physicians in the middle. I’m a practicing physician and some patients inappropriately want a diagnosis to obtain marijuana.\u003c/p>\n\u003cp>The harm reduction in adolescents outweighs the risk. Some adults who smoke it already will continue to smoke it. I don’t think a lot of adults will go out and start smoking.\u003c/p>\n\u003cp>\u003cstrong>Q: A proposed law to allow nurse practitioners more independence in treating patients \u003ca href=\"http://californiahealthline.org/news/california-nurse-practitioners-lose-battle-for-independent-practice-again/\" target=\"_blank\">\u003cu>failed in the Legislature again this year\u003c/u>\u003c/a>. You opposed it. Why not allow it, particularly in the Medi-Cal population, thus making care more available?\u003c/strong>\u003c/p>\n\u003cp>Many of our practices, including my own, have nurse practitioners. We do not feel they should practice independently. If we allow them to practice medicine, they should have the same standards that physicians have. They should be licensed by the Medical Board. They should have the same liability and educational requirements.\u003c/p>\n\u003cp>Yes, nurse practitioners could help us treat diabetes, hypertension, obesity and many common diseases. It’s the uncommon diseases they haven’t been trained to treat, or even identify. When a person is going to a practice for a diagnosis, they need to go to a diagnostician, which would be a physician, not a nurse practitioner.\u003c/p>\n\u003cp>There’s no reason why we can’t expand access just because they require supervision. They can help with telehealth. Let’s say they’re in a remote location and through telehealth they communicate with a physician who oversees the patient’s history and lab studies. We think the supervision safeguards the public.\u003c/p>\n\u003cp>\u003cstrong>Q: Some other states already have given nurse practitioners more authority. Have there been problems there?\u003c/strong>\u003c/p>\n\u003cp>In other states that have allowed it, there are very few nurse practitioners that are practicing independently. For the most part, they recognize their liabilities and deficiencies. They want to practice in the same desirable locations that physicians do. So they frequently don’t go to areas of shortages and treat Medicaid patients, which is the rationale they’re giving for their scope-of-practice expansion [in California].\u003c/p>\n\u003cp>\u003cstrong>Q: How would you respond to people who say doctors oppose expanding scope of practice for nurse practitioners because they don’t want to see prices for their services suppressed by an influx of new providers?\u003c/strong>\u003c/p>\n\u003cp>That’s simply not true. Show me a state where they have had an influx of unsupervised nurse practitioners where the prices have dropped.\u003c/p>\n\u003cp>Having additional providers does not decrease the cost of care. It increases the cost of care. Tests cost money. The less trained an individual is, the more ancillary tests they’ll order.\u003c/p>\n\u003cp>\u003cstrong>Q: On the cost of prescription drugs, why support Sen. Ed Hernandez’s \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1010\" target=\"_blank\">\u003cu>drug transparency bill\u003c/u>\u003c/a> yet fight \u003ca href=\"https://ballotpedia.org/California_Proposition_61,_Drug_Price_Standards_Initiative_(2016)\" target=\"_blank\">\u003cu>the initiative that will be on the November ballot\u003c/u>\u003c/a> to regulate the price that state agencies pay for drugs?\u003c/strong>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The reason we oppose the [ballot] initiative is we believe it is poorly written. We think it’s cumbersome to tie drug costs to [Department of Veterans Affairs] drug pricing. It will probably result in drug shortages for California and it will inhibit innovation.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/212626/in-conversation-with-the-head-of-californias-physician-lobby","authors":["byline_stateofhealth_212626"],"categories":["stateofhealth_2442","stateofhealth_14"],"tags":["stateofhealth_2823","stateofhealth_99","stateofhealth_2519","stateofhealth_2570"],"featImg":"stateofhealth_212629","label":"stateofhealth"},"stateofhealth_209413":{"type":"posts","id":"stateofhealth_209413","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"209413","score":null,"sort":[1467848898000]},"guestAuthors":[],"slug":"nationwide-doctors-who-sexually-abuse-their-patients-continue-to-practice","title":"Nationwide, Doctors Who Sexually Abuse Their Patients Continue to Practice","publishDate":1467848898,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>Just weeks after the California Senate refused to advance \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1033\" target=\"_blank\">a bill \u003c/a>requiring doctors to notify their patients that they were on probation for -- among other things -- sexual abuse of patients, the Atlanta Journal-Constitution has published \u003ca href=\"http://doctors.ajc.com\" target=\"_blank\">a stunning investigation\u003c/a> exposing just how easy it is for these physicians to continue practicing.\u003c/p>\n\u003cp>The series is national in scope. Reporters examined \"documents that described disturbing acts of physician sexual abuse in every state. Rapes by OB/GYNs, seductions by psychiatrists, fondling by anesthesiologists and ophthalmologists, and molestations by pediatricians and radiologists.\"\u003c/p>\n\u003cp>Atlanta Journal-Constitution reporters identified 3,100 doctors who were disciplined after being accused of sexual misconduct, and more than 2,000 of them continued to practice. But those cases \u003ca href=\"http://doctors.ajc.com/sex_abuse_numbers/?ecmp=doctorssexabuse_microsite_nav\" target=\"_blank\">may be only a fraction of the actual numbers,\u003c/a> since many violations \"never came to the attention of state regulators.\"\u003c/p>\n\u003cp>The individual examples they cite are downright chilling, including this doctor from Granite Bay, east of Sacramento:\u003c/p>\n\u003cblockquote>\u003cp>In California, a patient was leaving an appointment with \u003ca class=\"document-link\" title=\"See related documents\" href=\"http://www.documentcloud.org/documents/2925627-combined-100-pdf.html\" target=\"_blank\">Dr. Mandeep Behniwal\u003c/a>, a psychiatrist, when the doctor put his hand down her blouse, grabbed her breast out of her bra and placed his mouth on it. He then exposed himself and ejaculated on her hand.\u003c/p>\u003c/blockquote>\n\u003cp>Behniwal told the Journal-Constitution the patient initiated the sexual contact. \"For half a minute, I lost my judgment,\" Behniwal said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If you were a patient of Behniwal's and wanted to know more about him, you would need to \u003ca href=\"https://www.breeze.ca.gov/datamart/searchLicTypeByName.do?direct=true\" target=\"_blank\">look him up \u003c/a>on the Medical Board of California website, where you would see that his license is \"Renewed and Current\" but \"Secondary Status\" indicates \"Limits On Practice,\" \"Probation\" and \"Misdemeanor Conviction.\"\u003c/p>\n\u003cp>You need to scroll down within the site and click elsewhere to find that he is barred from seeing female patients during his probation. Nowhere could I find the documents explaining what he actually did, even though state law requires that documents related to a misdemeanor conviction be posted to the internet.\u003c/p>\n\u003cp>Meanwhile, if you didn't know that the Medical Board of California had this look-up tool, you would be in the dark.\u003c/p>\n\u003cp>That's the consumer blind spot that state Sen. Jerry Hill, D-San Mateo, sought to illuminate with \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1033\" target=\"_blank\">Senate Bill 1033\u003c/a>. The bill would have required that doctors notify their patients if they were on probation for serious infractions -- not only sexual misconduct, but also gross negligence, substance abuse or a felony conviction related to patient care. It's just a tiny fraction of California doctors who are on probation for these offenses -- \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/MBC-list-of-docs-on-probation-as-of-9-29-15-as-of-10-8-15.pdf\" target=\"_blank\">about 500\u003c/a> out of 137,000 licensed physicians in 2015.\u003c/p>\n\u003cp>At least some of the senators who voted against the bill were swayed by a lobbying campaign suggesting that these were unproved allegations, which Hill promptly rebutted.\u003c/p>\n\u003cp>\"That is totally false, totally inaccurate,\" Hill told me. \"There's due process after extensive investigation that requires the attorney general of California, based on clear and convincing evidence, to charge these doctors with a violation of the Medical Practices Act and the California Criminal Code.\"\u003c/p>\n\u003cp>The California Medical Association has\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/10/29/in-california-doctors-on-probation-not-required-to-tell-you-should-they/\" target=\"_blank\"> opposed such notification efforts\u003c/a>, saying it would \"put a burden on the physician-patient relationship.\"\u003c/p>\n\u003cp>Hill says the notification is important, because 30 percent of these physicians on probation will re-offend. He said he will reintroduce the legislation. \"No question,\" he said, \"as soon as allowed. The public has a right to know this information because their life may depend on it.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Learn more about this issue by \u003ca href=\"http://doctors.ajc.com/doctors_sex_abuse/?ecmp=doctorssexabuse_microsite_nav\" target=\"_blank\">reading the Atlanta Journal-Constitution's investigation.\u003c/a>\u003c/p>\n\n","blocks":[],"excerpt":"The California Senate failed to advance a bill requiring doctors on probation for serious offenses to notify their patients.","status":"publish","parent":0,"modified":1467852950,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":17,"wordCount":597},"headData":{"title":"Nationwide, Doctors Who Sexually Abuse Their Patients Continue to Practice | KQED","description":"The California Senate failed to advance a bill requiring doctors on probation for serious offenses to notify their patients.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"Article","headline":"Nationwide, Doctors Who Sexually Abuse Their Patients Continue to Practice","datePublished":"2016-07-06T23:48:18.000Z","dateModified":"2016-07-07T00:55:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"disqusIdentifier":"209413 http://ww2.kqed.org/stateofhealth/?p=209413","disqusUrl":"https://ww2.kqed.org/stateofhealth/2016/07/06/nationwide-doctors-who-sexually-abuse-their-patients-continue-to-practice/","disqusTitle":"Nationwide, Doctors Who Sexually Abuse Their Patients Continue to Practice","path":"/stateofhealth/209413/nationwide-doctors-who-sexually-abuse-their-patients-continue-to-practice","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Just weeks after the California Senate refused to advance \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1033\" target=\"_blank\">a bill \u003c/a>requiring doctors to notify their patients that they were on probation for -- among other things -- sexual abuse of patients, the Atlanta Journal-Constitution has published \u003ca href=\"http://doctors.ajc.com\" target=\"_blank\">a stunning investigation\u003c/a> exposing just how easy it is for these physicians to continue practicing.\u003c/p>\n\u003cp>The series is national in scope. Reporters examined \"documents that described disturbing acts of physician sexual abuse in every state. Rapes by OB/GYNs, seductions by psychiatrists, fondling by anesthesiologists and ophthalmologists, and molestations by pediatricians and radiologists.\"\u003c/p>\n\u003cp>Atlanta Journal-Constitution reporters identified 3,100 doctors who were disciplined after being accused of sexual misconduct, and more than 2,000 of them continued to practice. But those cases \u003ca href=\"http://doctors.ajc.com/sex_abuse_numbers/?ecmp=doctorssexabuse_microsite_nav\" target=\"_blank\">may be only a fraction of the actual numbers,\u003c/a> since many violations \"never came to the attention of state regulators.\"\u003c/p>\n\u003cp>The individual examples they cite are downright chilling, including this doctor from Granite Bay, east of Sacramento:\u003c/p>\n\u003cblockquote>\u003cp>In California, a patient was leaving an appointment with \u003ca class=\"document-link\" title=\"See related documents\" href=\"http://www.documentcloud.org/documents/2925627-combined-100-pdf.html\" target=\"_blank\">Dr. Mandeep Behniwal\u003c/a>, a psychiatrist, when the doctor put his hand down her blouse, grabbed her breast out of her bra and placed his mouth on it. He then exposed himself and ejaculated on her hand.\u003c/p>\u003c/blockquote>\n\u003cp>Behniwal told the Journal-Constitution the patient initiated the sexual contact. \"For half a minute, I lost my judgment,\" Behniwal said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If you were a patient of Behniwal's and wanted to know more about him, you would need to \u003ca href=\"https://www.breeze.ca.gov/datamart/searchLicTypeByName.do?direct=true\" target=\"_blank\">look him up \u003c/a>on the Medical Board of California website, where you would see that his license is \"Renewed and Current\" but \"Secondary Status\" indicates \"Limits On Practice,\" \"Probation\" and \"Misdemeanor Conviction.\"\u003c/p>\n\u003cp>You need to scroll down within the site and click elsewhere to find that he is barred from seeing female patients during his probation. Nowhere could I find the documents explaining what he actually did, even though state law requires that documents related to a misdemeanor conviction be posted to the internet.\u003c/p>\n\u003cp>Meanwhile, if you didn't know that the Medical Board of California had this look-up tool, you would be in the dark.\u003c/p>\n\u003cp>That's the consumer blind spot that state Sen. Jerry Hill, D-San Mateo, sought to illuminate with \u003ca href=\"http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB1033\" target=\"_blank\">Senate Bill 1033\u003c/a>. The bill would have required that doctors notify their patients if they were on probation for serious infractions -- not only sexual misconduct, but also gross negligence, substance abuse or a felony conviction related to patient care. It's just a tiny fraction of California doctors who are on probation for these offenses -- \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/MBC-list-of-docs-on-probation-as-of-9-29-15-as-of-10-8-15.pdf\" target=\"_blank\">about 500\u003c/a> out of 137,000 licensed physicians in 2015.\u003c/p>\n\u003cp>At least some of the senators who voted against the bill were swayed by a lobbying campaign suggesting that these were unproved allegations, which Hill promptly rebutted.\u003c/p>\n\u003cp>\"That is totally false, totally inaccurate,\" Hill told me. \"There's due process after extensive investigation that requires the attorney general of California, based on clear and convincing evidence, to charge these doctors with a violation of the Medical Practices Act and the California Criminal Code.\"\u003c/p>\n\u003cp>The California Medical Association has\u003ca href=\"http://ww2.kqed.org/stateofhealth/2015/10/29/in-california-doctors-on-probation-not-required-to-tell-you-should-they/\" target=\"_blank\"> opposed such notification efforts\u003c/a>, saying it would \"put a burden on the physician-patient relationship.\"\u003c/p>\n\u003cp>Hill says the notification is important, because 30 percent of these physicians on probation will re-offend. He said he will reintroduce the legislation. \"No question,\" he said, \"as soon as allowed. The public has a right to know this information because their life may depend on it.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Learn more about this issue by \u003ca href=\"http://doctors.ajc.com/doctors_sex_abuse/?ecmp=doctorssexabuse_microsite_nav\" target=\"_blank\">reading the Atlanta Journal-Constitution's investigation.\u003c/a>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/209413/nationwide-doctors-who-sexually-abuse-their-patients-continue-to-practice","authors":["240"],"categories":["stateofhealth_14"],"tags":["stateofhealth_2808","stateofhealth_2571","stateofhealth_2519","stateofhealth_2570"],"featImg":"stateofhealth_99973","label":"stateofhealth"},"stateofhealth_193231":{"type":"posts","id":"stateofhealth_193231","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"193231","score":null,"sort":[1464977572000]},"guestAuthors":[],"slug":"california-senate-kills-bill-requiring-doctors-on-probation-to-let-you-know","title":"California Senate Kills Bill Requiring Doctors on Probation to Let You Know","publishDate":1464977572,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>The state Senate this week rejected legislation that would have required doctors and other medical to notify their patients if they were on probation for serious infractions.\u003c/p>\n\u003caside class=\"pullquote alignright\">The bill was aimed at a tiny fraction of doctors -- those disciplined for serious offenses including sexual misconduct\u003c/aside>\n\u003cp>The bill would have applied to a tiny pool of practitioners – those disciplined for serious offenses such as gross negligence, sexual misconduct, substance abuse or a felony conviction related to patient care. It would have required such physicians, chiropractors, podiatrists and acupuncturists to notify their patients in a one-page, “easy to read” notice that explained why they had been put on probation.\u003c/p>\n\u003cp>The bill’s supporters said consumers were ill-served by the Senate’s decision.\u003c/p>\n\u003cp>“Today’s vote means that most Californians will remain in the dark when their doctor is on probation for offenses that could jeopardize their health,” said Lisa McGiffert, manager of the Safe Patient Project at Consumers Union.\u003c/p>\n\u003cp>Opponents of the bill, including the California Medical Association, had argued that, as written, it would undermine physicians’ rights to due process and amount to a de facto suspension by severely restricting their ability to practice. They also noted that information about doctors’ offenses is already available on the internet.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"rb8PrSswaxF1kGnSGu3CLNCZF9vs5kpb\"]Some senators who opposed the measure said the language in the bill suggested that doctors and other providers could be forced to tell their patients about unproven allegations against them.\u003c/p>\n\u003cp>Sen. Richard Pan, D-Sacramento, a pediatrician, said he voted against it for that reason. “This is a significant concern, because I do believe that everyone has a right to due process in this country. It’s an issue of principle,” Pan said.\u003c/p>\n\u003cp>McGiffert said the due process argument was based on a misunderstanding. Before an accusation is made, there has to be clear and convincing evidence, and every case then gets full due process before doctors are put on probation, she said.\u003c/p>\n\u003cp>Under current law, clinicians are required to notify hospitals and malpractice insurers when they’re placed on probation. They don’t have to tell patients, but the information is available on the California Medical Board’s \u003ca href=\"https://www.breeze.ca.gov/datamart/loginCADCA.do;jsessionid=1AACA3B0BA91391B2472BEF33B8D086E.vo19\">BreEZe website\u003c/a>.\u003c/p>\n\u003cp>Some supporters of the bill have argued that the medical board website is too difficult for the average person to navigate and creates a barrier for those without internet access.\u003c/p>\n\u003cp>McGiffert said she hopes the bill's sponsor, \u003ca href=\"http://californiahealthline.org/news/is-your-doctor-hiding-something-from-you/\" target=\"_blank\">Sen. Jerry Hill, D – San Mateo,\u003c/a>, will present the bill again. If so, she and other advocates are prepared to speak with Senate members because, “we believe they have been misled in some ways,” she said. “I guarantee you that every single person who voted against [the bill] would want to know if their doctor was on probation.”\u003c/p>\n\u003cp>The Senate Wednesday voted 15-13 for the bill, short of the 21 votes needed to pass it. The Senate then unanimously approved a motion allowing the proposal to be amended and brought up for another vote this week. Hill had planned to seek a new vote on Thursday, but he later decided against it after realizing it still would not garner sufficient support.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Hill could reintroduce the measure in the next legislative session, which begins in early December. But a spokeswoman in his office said she didn’t know if he would.\u003c/p>\n\n","blocks":[],"excerpt":"Doctors who are disciplined for serious offenses including sexual misconduct or substance abuse are not required to tell you.","status":"publish","parent":0,"modified":1467840291,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":579},"headData":{"title":"California Senate Kills Bill Requiring Doctors on Probation to Let You Know | KQED","description":"Doctors who are disciplined for serious offenses including sexual misconduct or substance abuse are not required to tell you.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"Article","headline":"California Senate Kills Bill Requiring Doctors on Probation to Let You Know","datePublished":"2016-06-03T18:12:52.000Z","dateModified":"2016-07-06T21:24:51.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"disqusIdentifier":"193231 http://ww2.kqed.org/stateofhealth/?p=193231","disqusUrl":"https://ww2.kqed.org/stateofhealth/2016/06/03/california-senate-kills-bill-requiring-doctors-on-probation-to-let-you-know/","disqusTitle":"California Senate Kills Bill Requiring Doctors on Probation to Let You Know","nprByline":"Ana B. Ibarra\u003cbr />\u003ca href=\"http://californiahealthline.org/\">California Healthline\u003c/a>","path":"/stateofhealth/193231/california-senate-kills-bill-requiring-doctors-on-probation-to-let-you-know","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The state Senate this week rejected legislation that would have required doctors and other medical to notify their patients if they were on probation for serious infractions.\u003c/p>\n\u003caside class=\"pullquote alignright\">The bill was aimed at a tiny fraction of doctors -- those disciplined for serious offenses including sexual misconduct\u003c/aside>\n\u003cp>The bill would have applied to a tiny pool of practitioners – those disciplined for serious offenses such as gross negligence, sexual misconduct, substance abuse or a felony conviction related to patient care. It would have required such physicians, chiropractors, podiatrists and acupuncturists to notify their patients in a one-page, “easy to read” notice that explained why they had been put on probation.\u003c/p>\n\u003cp>The bill’s supporters said consumers were ill-served by the Senate’s decision.\u003c/p>\n\u003cp>“Today’s vote means that most Californians will remain in the dark when their doctor is on probation for offenses that could jeopardize their health,” said Lisa McGiffert, manager of the Safe Patient Project at Consumers Union.\u003c/p>\n\u003cp>Opponents of the bill, including the California Medical Association, had argued that, as written, it would undermine physicians’ rights to due process and amount to a de facto suspension by severely restricting their ability to practice. They also noted that information about doctors’ offenses is already available on the internet.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>Some senators who opposed the measure said the language in the bill suggested that doctors and other providers could be forced to tell their patients about unproven allegations against them.\u003c/p>\n\u003cp>Sen. Richard Pan, D-Sacramento, a pediatrician, said he voted against it for that reason. “This is a significant concern, because I do believe that everyone has a right to due process in this country. It’s an issue of principle,” Pan said.\u003c/p>\n\u003cp>McGiffert said the due process argument was based on a misunderstanding. Before an accusation is made, there has to be clear and convincing evidence, and every case then gets full due process before doctors are put on probation, she said.\u003c/p>\n\u003cp>Under current law, clinicians are required to notify hospitals and malpractice insurers when they’re placed on probation. They don’t have to tell patients, but the information is available on the California Medical Board’s \u003ca href=\"https://www.breeze.ca.gov/datamart/loginCADCA.do;jsessionid=1AACA3B0BA91391B2472BEF33B8D086E.vo19\">BreEZe website\u003c/a>.\u003c/p>\n\u003cp>Some supporters of the bill have argued that the medical board website is too difficult for the average person to navigate and creates a barrier for those without internet access.\u003c/p>\n\u003cp>McGiffert said she hopes the bill's sponsor, \u003ca href=\"http://californiahealthline.org/news/is-your-doctor-hiding-something-from-you/\" target=\"_blank\">Sen. Jerry Hill, D – San Mateo,\u003c/a>, will present the bill again. If so, she and other advocates are prepared to speak with Senate members because, “we believe they have been misled in some ways,” she said. “I guarantee you that every single person who voted against [the bill] would want to know if their doctor was on probation.”\u003c/p>\n\u003cp>The Senate Wednesday voted 15-13 for the bill, short of the 21 votes needed to pass it. The Senate then unanimously approved a motion allowing the proposal to be amended and brought up for another vote this week. Hill had planned to seek a new vote on Thursday, but he later decided against it after realizing it still would not garner sufficient support.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Hill could reintroduce the measure in the next legislative session, which begins in early December. But a spokeswoman in his office said she didn’t know if he would.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/193231/california-senate-kills-bill-requiring-doctors-on-probation-to-let-you-know","authors":["byline_stateofhealth_193231"],"categories":["stateofhealth_14"],"tags":["stateofhealth_2571","stateofhealth_2519","stateofhealth_2570"],"featImg":"stateofhealth_193239","label":"stateofhealth"},"stateofhealth_99946":{"type":"posts","id":"stateofhealth_99946","meta":{"index":"posts_1591205157","site":"stateofhealth","id":"99946","score":null,"sort":[1446142427000]},"guestAuthors":[],"slug":"in-california-doctors-on-probation-not-required-to-tell-you-should-they","title":"In California, Doctors on Probation Not Required to Tell You. Should They?","publishDate":1446142427,"format":"standard","headTitle":"State of Health | KQED News","labelTerm":{"site":"stateofhealth"},"content":"\u003cp>When you call to set up your next check-up, you may be unknowingly arranging for care from a physician in trouble for drug abuse, sexual misconduct, patient negligence or harm.\u003c/p>\n\u003cp>In California, physicians on probation for such punishments are already required to report them to their malpractice insurers and hospitals where they work, yet there is no rule requiring similar pro-active notifications of patients.\u003c/p>\n\u003caside class=\"pullquote alignright\">“I was stunned to learn that the doctor I had been referred to had a long history of substance abuse and DUIs.\"\u003ccite>Marian Hollingsworth, Consumers Union\u003c/cite>\u003c/aside>\n\u003cp>The advocacy group Consumers Union wants that to change. They are calling for the Medical Board of California to make doctors on probation responsible for informing their patients. The board is \u003ca href=\"http://www.mbc.ca.gov/About_Us/Meetings/2015/Agendas/agenda_20151029_brd.pdf\" target=\"_blank\">scheduled to consider the idea\u003c/a> on Friday at its quarterly meeting in San Diego. But it is unlikely to win approval.\u003c/p>\n\u003cp>“Maybe if patients knew, they wouldn’t see the doctor,” said Lisa McGiffert, Director of the Safe Patient Project at Consumers Union. “Maybe they still would. But they are doing it with their eyes open.”\u003c/p>\n\u003cp>Under the proposed rule, doctors on probation would have to alert their patients when they call for an appointment as well as verbally and in writing during the visit. Consumers Union filed a \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/Administrative-petition-probation-disclosure-FINAL-CUSPP-as-sent-to-MBC-October-8-2015.pdf\" target=\"_blank\">9-page petition\u003c/a> with the board outlining its proposal. The petition was signed by more than 5,000 Californians.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Doctors' Group Resistant\u003c/strong>\u003c/p>\n\u003cp>Since the disciplinary actions against doctors \u003ca href=\"http://www.mbc.ca.gov/Breeze/License_Verification.aspx\" target=\"_blank\">are posted\u003c/a> on the board’s website, the state’s biggest physician group, the California Medical Association, says the proposed changes of the notification requirements would go too far.\u003c/p>\n\u003cp>In a statement Paul Hegyi, a spokesman for the association, said they worry this type of rule would “put a burden on the physician-patient relationship,\" especially when appointment time is already limited. “This information is already public and available online and can be accessed by anyone,\" he said. \"This is a duplicative burden that will interfere with patient care.”\u003c/p>\n\u003cp>The board rejected a similar measure when it was proposed by board staff in 2012. In fact, the board has just begun \u003ca href=\"http://www.mbc.ca.gov/About_Us/Media_Room/2015/news_releases_20151020_verify.pdf\" target=\"_blank\">a public relations effort\u003c/a> to encourage patients to take it upon themselves to research the disciplinary actions against their doctors.\u003c/p>\n\u003cp>Board officials even held a tutorial to show people how to use their website at a mall in Sacramento last week. Those who don’t have access to computers can call the board’s office for assistance, a statement from the board said.\u003c/p>\n\u003cp>Advocates see the board’s outreach as a response to their efforts but say it doesn’t go far enough. The burden to find the information shouldn’t be placed on patients, who may not think to look it up, know how to do so, or have access to the Internet, McGiffert said.\u003c/p>\n\u003cp>Other patients may not be able to research the information due to mental or physical impairments. They could be missing out on important information about the doctors they have trusted with their care, she said.\u003c/p>\n\u003cp>Of the approximately \u003ca href=\"http://www.oshpd.ca.gov/HWDD/HWC/FactSheets/MD-2014.pdf\" target=\"_blank\">137,000 licensed medical doctors\u003c/a> in California, nearly 500 are on probation for offenses including sexual misconduct, gross negligence, substance abuse, inappropriate prescribing, and conviction of a felony, Consumers Union said. The group \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/MBC-list-of-docs-on-probation-as-of-9-29-15-as-of-10-8-15.pdf\" target=\"_blank\">compiled a list of doctors on probation\u003c/a>.\u003c/p>\n\u003cp>Patient advocate Marian Hollingsworth, who works for Consumers Union, \u003ca href=\"http://www.sacbee.com/opinion/op-ed/soapbox/article27279535.html#storylink=cpy\" target=\"_blank\">described in a Sacramento Bee\u003c/a> opinion piece how she felt when she discovered her doctor’s probation.\u003c/p>\n\u003cp>“I was stunned to learn that the doctor I had been referred to for a routine colonoscopy was about to start a 30-day suspension and seven-year probation,” she wrote. “He had a long history of substance abuse and DUIs, but what finally got the board’s attention is that he went after a patient with a hatchet in an alcohol-fueled rage.”\u003c/p>\n\u003cp>The doctors who got into trouble are from all over the state -- in big cities like Los Angeles and rural areas like Humboldt County. In some areas with doctor shortages, if a doctor is on probation it may present an even bigger dilemma for patients. Those patients should be able to decide whether they still want to see the doctor even if it’s their only option for miles, McGiffert said\u003c/p>\n\u003cp>By agreeing to go on probation, doctors are not necessarily admitting they violated ethics rules. Some do it to avoid lengthy and costly legal battles, McGiffert said.\u003c/p>\n\u003cp>Physicians on probation may be barred from performing specific procedures, or prescribing certain medicines for a period of time. They might have to take classes or be supervised. In some cases it means a physician disciplined for sexual misconduct must be chaperoned in the exam room.\u003c/p>\n\u003cp>The issue of physician discipline has been difficult for the board. It has come under fire in recent years for failing to hold problem doctors accountable. Some legislators in 2013\u003ca href=\"http://articles.latimes.com/2013/apr/25/local/la-me-rx-medical-board-20130426\" target=\"_blank\"> called for stripping the board\u003c/a> of its investigative powers. This issue will draw renewed public attention to whether the board is aggressive enough in protecting the public from dangerous doctors.\u003c/p>\n\u003cp>McGiffert said there is concern in the medical field that requiring doctors to tell patients about their probationary status is too awkward.\u003c/p>\n\u003cp>“The objection is that, gee, this would be very uncomfortable for doctors,” McGiffert said. “What does that tell you? Sometimes you need that kind of pressure.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Update:\u003c/strong> In its meeting on Friday, the Medical Board of California voted to deny the petition that would have required doctors on probation to notify their patients. But it did agree to form a committee to review the petition more closely and potentially develop a plan to improve notification to patients of doctors on probation.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Advocacy group says Medical Board of California should require doctors it places on probation to notify patients. The board has refused in the past.","status":"publish","parent":0,"modified":1448919149,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":973},"headData":{"title":"In California, Doctors on Probation Not Required to Tell You. Should They? | KQED","description":"Advocacy group says Medical Board of California should require doctors it places on probation to notify patients. The board has refused in the past.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"Article","headline":"In California, Doctors on Probation Not Required to Tell You. Should They?","datePublished":"2015-10-29T18:13:47.000Z","dateModified":"2015-11-30T21:32:29.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}},"disqusIdentifier":"99946 http://ww2.kqed.org/stateofhealth/?p=99946","disqusUrl":"https://ww2.kqed.org/stateofhealth/2015/10/29/in-california-doctors-on-probation-not-required-to-tell-you-should-they/","disqusTitle":"In California, Doctors on Probation Not Required to Tell You. Should They?","path":"/stateofhealth/99946/in-california-doctors-on-probation-not-required-to-tell-you-should-they","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When you call to set up your next check-up, you may be unknowingly arranging for care from a physician in trouble for drug abuse, sexual misconduct, patient negligence or harm.\u003c/p>\n\u003cp>In California, physicians on probation for such punishments are already required to report them to their malpractice insurers and hospitals where they work, yet there is no rule requiring similar pro-active notifications of patients.\u003c/p>\n\u003caside class=\"pullquote alignright\">“I was stunned to learn that the doctor I had been referred to had a long history of substance abuse and DUIs.\"\u003ccite>Marian Hollingsworth, Consumers Union\u003c/cite>\u003c/aside>\n\u003cp>The advocacy group Consumers Union wants that to change. They are calling for the Medical Board of California to make doctors on probation responsible for informing their patients. The board is \u003ca href=\"http://www.mbc.ca.gov/About_Us/Meetings/2015/Agendas/agenda_20151029_brd.pdf\" target=\"_blank\">scheduled to consider the idea\u003c/a> on Friday at its quarterly meeting in San Diego. But it is unlikely to win approval.\u003c/p>\n\u003cp>“Maybe if patients knew, they wouldn’t see the doctor,” said Lisa McGiffert, Director of the Safe Patient Project at Consumers Union. “Maybe they still would. But they are doing it with their eyes open.”\u003c/p>\n\u003cp>Under the proposed rule, doctors on probation would have to alert their patients when they call for an appointment as well as verbally and in writing during the visit. Consumers Union filed a \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/Administrative-petition-probation-disclosure-FINAL-CUSPP-as-sent-to-MBC-October-8-2015.pdf\" target=\"_blank\">9-page petition\u003c/a> with the board outlining its proposal. The petition was signed by more than 5,000 Californians.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Doctors' Group Resistant\u003c/strong>\u003c/p>\n\u003cp>Since the disciplinary actions against doctors \u003ca href=\"http://www.mbc.ca.gov/Breeze/License_Verification.aspx\" target=\"_blank\">are posted\u003c/a> on the board’s website, the state’s biggest physician group, the California Medical Association, says the proposed changes of the notification requirements would go too far.\u003c/p>\n\u003cp>In a statement Paul Hegyi, a spokesman for the association, said they worry this type of rule would “put a burden on the physician-patient relationship,\" especially when appointment time is already limited. “This information is already public and available online and can be accessed by anyone,\" he said. \"This is a duplicative burden that will interfere with patient care.”\u003c/p>\n\u003cp>The board rejected a similar measure when it was proposed by board staff in 2012. In fact, the board has just begun \u003ca href=\"http://www.mbc.ca.gov/About_Us/Media_Room/2015/news_releases_20151020_verify.pdf\" target=\"_blank\">a public relations effort\u003c/a> to encourage patients to take it upon themselves to research the disciplinary actions against their doctors.\u003c/p>\n\u003cp>Board officials even held a tutorial to show people how to use their website at a mall in Sacramento last week. Those who don’t have access to computers can call the board’s office for assistance, a statement from the board said.\u003c/p>\n\u003cp>Advocates see the board’s outreach as a response to their efforts but say it doesn’t go far enough. The burden to find the information shouldn’t be placed on patients, who may not think to look it up, know how to do so, or have access to the Internet, McGiffert said.\u003c/p>\n\u003cp>Other patients may not be able to research the information due to mental or physical impairments. They could be missing out on important information about the doctors they have trusted with their care, she said.\u003c/p>\n\u003cp>Of the approximately \u003ca href=\"http://www.oshpd.ca.gov/HWDD/HWC/FactSheets/MD-2014.pdf\" target=\"_blank\">137,000 licensed medical doctors\u003c/a> in California, nearly 500 are on probation for offenses including sexual misconduct, gross negligence, substance abuse, inappropriate prescribing, and conviction of a felony, Consumers Union said. The group \u003ca href=\"http://safepatientproject.org/wordpress/wp-content/uploads/2015/10/MBC-list-of-docs-on-probation-as-of-9-29-15-as-of-10-8-15.pdf\" target=\"_blank\">compiled a list of doctors on probation\u003c/a>.\u003c/p>\n\u003cp>Patient advocate Marian Hollingsworth, who works for Consumers Union, \u003ca href=\"http://www.sacbee.com/opinion/op-ed/soapbox/article27279535.html#storylink=cpy\" target=\"_blank\">described in a Sacramento Bee\u003c/a> opinion piece how she felt when she discovered her doctor’s probation.\u003c/p>\n\u003cp>“I was stunned to learn that the doctor I had been referred to for a routine colonoscopy was about to start a 30-day suspension and seven-year probation,” she wrote. “He had a long history of substance abuse and DUIs, but what finally got the board’s attention is that he went after a patient with a hatchet in an alcohol-fueled rage.”\u003c/p>\n\u003cp>The doctors who got into trouble are from all over the state -- in big cities like Los Angeles and rural areas like Humboldt County. In some areas with doctor shortages, if a doctor is on probation it may present an even bigger dilemma for patients. Those patients should be able to decide whether they still want to see the doctor even if it’s their only option for miles, McGiffert said\u003c/p>\n\u003cp>By agreeing to go on probation, doctors are not necessarily admitting they violated ethics rules. Some do it to avoid lengthy and costly legal battles, McGiffert said.\u003c/p>\n\u003cp>Physicians on probation may be barred from performing specific procedures, or prescribing certain medicines for a period of time. They might have to take classes or be supervised. In some cases it means a physician disciplined for sexual misconduct must be chaperoned in the exam room.\u003c/p>\n\u003cp>The issue of physician discipline has been difficult for the board. It has come under fire in recent years for failing to hold problem doctors accountable. Some legislators in 2013\u003ca href=\"http://articles.latimes.com/2013/apr/25/local/la-me-rx-medical-board-20130426\" target=\"_blank\"> called for stripping the board\u003c/a> of its investigative powers. This issue will draw renewed public attention to whether the board is aggressive enough in protecting the public from dangerous doctors.\u003c/p>\n\u003cp>McGiffert said there is concern in the medical field that requiring doctors to tell patients about their probationary status is too awkward.\u003c/p>\n\u003cp>“The objection is that, gee, this would be very uncomfortable for doctors,” McGiffert said. “What does that tell you? Sometimes you need that kind of pressure.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003cstrong>Update:\u003c/strong> In its meeting on Friday, the Medical Board of California voted to deny the petition that would have required doctors on probation to notify their patients. But it did agree to form a committee to review the petition more closely and potentially develop a plan to improve notification to patients of doctors on probation.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/stateofhealth/99946/in-california-doctors-on-probation-not-required-to-tell-you-should-they","authors":["11105"],"categories":["stateofhealth_14"],"tags":["stateofhealth_2571","stateofhealth_2519","stateofhealth_2570"],"featImg":"stateofhealth_99973","label":"stateofhealth"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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