Governor Signs Medical Board Reform Bill That Will Expand Patients' Voice in Doctor Disciplinary Process

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Oct 03, 2023, 15:18 ET

SACRAMENTO, Calif., Oct. 3, 2023 /PRNewswire-PRWeb/ -- California Governor Gavin Newsom has signed legislation containing reforms long sought by patient advocates that will increase families' voice in medical board investigations into harm caused by a doctor.

SB 815 by Senator Richard Roth will: Require the Medical Board of California to interview a patient before their complaint of harm at the hands of a doctor is closed; create a complainant liaison unit to facilitate information sharing between injured patients and the board; and allow patients or their family to make an impact statement to the board before discipline is issued.

"Injured patients and their families worked hard to win a seat at the table for families harmed by doctors. The governor's signature on SB 815 gives Californians a voice and rights in the doctor disciplinary process that has left families silenced and with no accountability for patient harm for decades. This is an important step for patient safety and accountability for California families," said Michele Monserratt-Ramos, Kathy Olsen Patient Advocate with Consumer Watchdog.

Patients have reported to the medical board and legislature for years that their complaints about harm by a doc tor are closed with no input from the families or interaction with board staff.

"I would like to thank the medical board for listening to advocates and the legislature for ensuring that families now have a voice in the enforcement process," said San Jose patient advocate Maria Ibarra Navarrette. "Had these requirements already been in place, my brother's case would have had a different outcome and more patients would have been protected."

Maria Ibarra Navarrette became an advocate after her brother Jose passed away due to medical negligence. The board dismissed her complaint about her brother's care without an interview. Learn more about Jose Ibarra.

Significant patient safety reforms were stripped from the medical board bill that would have further strengthened doctor oversight in California. Those missed opportunities included provisions to improve health care oversight in California included provisions to reduce the burden of proof for doctor discipline to match that used in 41 other states, and to give the board a public, not doctor, member majority and increase public trust in the board. The board's requested increase in licensing fees to fund operations was also reduced from $1350 every two years, to $1151 in 2023 and $1250 in 2027.

"Although I am disappointed that important changes like lowering of the burden of proof were removed from this bill, I am very pleased that our advocacy led to the creation of an impact statement that will be used during the disciplinary decision-making process," said Tracy Dominguez, a patient advocate from Bakersfield.

Tracy Dominguez became an advocate after her daughter Demi Dominguez and her grandson Malakhi De Leon passed away due to medical negligence. She was not notified before the repeat offender doctor who was responsible for harming her daughter was offered a settlement deal. She believes that an impact statement would have made a difference in the board's decision to offer the doctor a settlement instead of proceeding with the planned revocation hearing. Learn more about Demi Dominguez.

A dedicated volunteer team of patients and families whose lives have been devastated by medical negligence have worked with Consumer Watchdog for years to advance patient safety reform. Those families were heard and SB 815 is the result, Consumer Watchdog said today. Learn more about some of the patient advocates fighting for change here.

Read more about the medical board in Consumer Watchdog's sunset review letter to the legislative Medical Board oversight committees, and hear advocates' testimony for reform.

SOURCE Consumer Watchdog