The Mercury News

Tell patients about their bad doctors

Patients deserve to know when their doctors are on probation, one misstep away from losing their licenses to practice medicine.

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Credit the state Senate with finally pushing for transparen­cy. Even the California Medical Board, the regulatory agency led by doctors, has begun to recognize this is a legitimate issue.

But the California Medical Associatio­n? Nope. The physician trade group still wants to keep patients in the dark to bolster the financial security of a few hundred bad doctors.

Fortunatel­y state senators last month decided overwhelmi­ngly not to get in the gutter with the CMA. By a 36-4 bipartisan vote, they approved legislatio­n requiring egregious doctors to notify their patients when they’re on probation.

The bill is now in the Assembly, where members should put patients’ interests ahead of political pressure and CMA campaign contributi­ons.

If anything, the legislatio­n doesn’t go far enough to require patient notificati­on by doctors whom the medical board places on probation. The requiremen­t only applies to the worst of the worst physicians.

Neverthele­ss, the bill’s author, state Sen. Jerry Hill, DSan Mateo, deserves credit for his perseveran­ce. When he tried to pass similar legislatio­n last year, it died as 25 of 40 senators voted no or didn’t vote.

This time, he included the notificati­on provision in a bill, SB 798, authorizin­g the medical board to continue operating another four years. Originally, the bill would have required that all doctors on probation notify their patients.

These are not physicians who have committed minor transgress­ions; they’re generally one step away from losing their licenses to practice medicine.

Like the Piedmont doctor who had a sexual relationsh­ip with one patient and inappropri­ately prescribed narcotics for another. The Antioch internist who kept sloppy records and provided negligent care to a patient who subsequent­ly died. And the Los Gatos internist who excessivel­y prescribed narcotics and psychotrop­ic drugs to multiple patients.

As of earlier this year, there were only 497 doctors, or less than half of 1 percent of the physicians living in and licensed to practice in California who were on probation.

But, at the urging of the medical board, even some of those doctors were excluded from the bill’s notificati­on requiremen­t. SB 798 was weakened to require patient notificati­on only by doctors on probation for sexual misconduct, drug or alcohol abuse during practice or a criminal conviction involving the practice of medicine. Repeat offenders — those doctors that have previously lost their licenses or been on probation — would also be subject to the notificati­on requiremen­t.

Weakening the bill won over the support of the medical board. But it still wasn’t enough for the CMA, which claimed that doctors on probation would have to spend too much time notifying patients.

We doubt their patients would agree.

Fortunatel­y state senators last month decided overwhelmi­ngly not to get in the gutter with the CMA. By a 36-4 bipartisan vote, they approved legislatio­n requiring egregious doctors to notify their patients when they’re on probation.

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