Senate committee advances bill to bar physicians guilty of misconduct from renewing licenses

Sen. Weber Pearson presented SB 849 to the Senate Business, Professions and Economic Development Committee as a measure to close a gap in medical licensure discipline, saying the bill clarifies that physicians convicted of, or found to have committed, specified sexual misconduct with a patient cannot petition for license renewals.

“According to Business and Professions Code section 2001.1, protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions,” Weber Pearson said during opening remarks, adding that patients “place extraordinary trust in their physician.” She said AB 1636 (enacted in 2022) removed the board’s discretion to reinstate physicians who lost a license for misconduct with a patient, and SB 849 extends those protections to the license-renewal process and requires automatic revocation of certificates surrendered for misconduct.

Representatives of medical organizations voiced support. George Soares of the California Medical Association said the association supports the bill. Bridal Spencer of the American College of Obstetricians and Gynecologists’ District 9 also testified in favor.

Sen. Archuleta called the bill “closing the door finally” on reinstatement in cases of patient misconduct and said she would move the measure. The committee then voted on the motion to “do pass to Appropriations.” The clerk recorded unanimous affirmative votes from senators present; the committee reported the motion as 8 to 0 and placed the item on call for members who had not yet arrived.

SB 849 would explicitly prohibit petitioning for renewals by a physician or surgeon found to have committed specified misconduct with a patient and would provide for automatic revocation when a license was surrendered on grounds of that misconduct. Proponents said the change fills a statutory omission that came to light after implementation of AB 1636.

The committee’s action sends the bill to the Appropriations Committee; the author requested an aye vote and the committee complied, with the item left on call for absent colleagues.