Practice of medicine: hospitals.

The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime. This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.