Bakersfield family seeks change at Medical Board of California
A Bakersfield family is hoping its advocacy spurs changes at the Medical Board of California, a body that has undergone increased scrutiny.
Tracy Dominguez, who lost her daughter Demi Dominguez and grandson Malakhi in April 2019 after alleged medical negligence, testified in April in favor of Assembly Bill 2060, which would create a majority of public members on the Medical Board and change the qualifications required of potential members.
The Assembly Appropriations Committee is scheduled to hear the bill Wednesday, according to a committee staffer.
“We really need this to be approved and processed through (both) houses,” Dominguez said. “It’s been over two years of fighting.”
Dominguez has long sought a public majority to be implemented on the board. She faced defeat last year when amendments to AB 806, which would have created civilian spots on the board, were ultimately removed from the legislation Gov. Gavin Newsom signed into law. However it did include reforms such as appointing a monitor to oversee the disciplinary process when citizens file a complaint.
“It was my first time speaking out,” Dominguez said of the hearing for AB 806. “And we thought our voices were heard, but we were disappointed,” she added. “We didn’t give up and so we kept fighting for (a) public board member (majority).”
Existing law states the Medical Board will contain eight physicians and seven public members. AB 2060 would change the ratio to eight public members and seven physicians, and become effective in 2023 if passed. The bill also would require anyone who serves on the board to be a resident of the state for at least five years before their membership on the board.
An additional amendment added to the bill at the Assembly Business and Professions Committee took out the text requiring the disciplinary panel on the Medical Board to have more physicians than public members.
“Hopefully, this public board member majority is a step in the right direction and will make changes for other families,” Dominguez said. Her daughter’s fiance and mother-in-law also spoke in favor of AB 2060 at a hearing before the Assembly Business and Professions Committee on April 19, when the bill was approved by a vote of 15-0, with four abstentions.
Medical Board President Kristina Lawson backed the bill.
“This proposal is one of many put forth by the board and shared with the Legislature at the beginning of this year to help provide the board the resources and tools we believe are necessary to protect consumers,” Lawson said to The Californian in a statement.
The author of the legislation, Assemblyman Bill Quirk, D-Hayward, declined to be interviewed for this story. In a statement, Quirk’s office said the bill answers the call of consumer advocates seeking this exact change.
Assemblywoman Akilah Weber, D-La Mesa, noted at the Assembly Business and Professions Committee meeting this bill does not fix a delay in responding to patients’ complaints about doctors.
Lawson said during the meeting that changing the composition of the board would not resolve this problem, but the other bills supported by the Medical Board would address issues such as these.
“I do think that it is important to restore confidence,” Weber said. “But, I think the way in which we restore confidence is actually making sure that those physicians who should not be practicing are not practicing and that we are responding to these complaints in a timely fashion.
And if changing the composition of the board isn’t going to do that, then I’m not sure it’s the best step.”