2220.01. (a) (1) The director shall appoint an independent enforcement monitor no later than March 1, 2022. The director may retain a person for this position by a personal services contract. The Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2) The enforcement monitor shall not have previously been employed by, under contract with, in any financial relationship with, or affiliated with an organization that represents patient or physician and surgeon interests, including, but not limited to, a professional association, lobbyist employer, advocacy organization, or party that has appeared before the board or the Legislature.
(3) (A) The director shall supervise the enforcement monitor and may terminate or dismiss the enforcement monitor from this position.
(B) If the enforcement monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(4) The monitoring duty of the enforcement monitor shall be on a continuing basis for a period of no more than two years from the date of the initial enforcement monitor’s appointment.
(b) The enforcement monitor shall monitor and evaluate the board’s enforcement efforts with specific concentration on the handling and processing of complaints and timely application of sanctions or discipline imposed on licensees and persons in order to protect the public, which may include, but not be limited to, the following:
(1) The board’s disciplinary system and procedures.
(2) The consistency of complaint processing and investigation.
(3) The timeliness of the disciplinary process, including an evaluation of the board’s compliance with subdivision (b) of Section 129, and Sections 2220.08 and 2319.
(4) Compliance with Section 2229, including deviations from the Manual of Model Disciplinary Orders and Disciplinary Guidelines in the board’s application of sanctions or discipline.
(5) Sanctions or discipline disproportionately applied to physicians and surgeons of color.
(6) Resources allocated for enforcement efforts.
(7) Any area that may lead to cost savings and greater effectiveness of the board’s enforcement efforts.
(c) The enforcement monitor shall not exercise authority over the board’s management or staff, but the board and its staff shall cooperate with the enforcement monitor and shall provide data, information, and files as requested by the enforcement monitor to perform all of the enforcement monitor’s duties.
(d) The director shall assist the enforcement monitor in the performance of the enforcement monitor’s duties, and the enforcement monitor shall have the same investigative authority as the director.
(e) The director may specify additional duties of the enforcement monitor for the purposes of this section.
(f) (1) The enforcement monitor shall submit to the department and the Legislature, pursuant to Section 9795 of the Government Code, an initial written report of the enforcement monitor’s findings and conclusions no later than January 1, 2023, and a final written report no later than July 1, 2023. The enforcement monitor shall be available to make oral reports to the department or the Legislature if requested to do so. The enforcement monitor may also provide additional information to either the department or the Legislature at the enforcement monitor’s discretion or at the request of either the department or the Legislature. The enforcement monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions made in their reports to the department or the Legislature with which the board may disagree.
(2) The enforcement monitor shall make any report required by this paragraph available to the public and the media.
(g) The board shall pay for all of the costs associated with the employment of the enforcement monitor.
(Added by Stats. 2021, Ch. 649, Sec. 16. (SB 806) Effective January 1, 2022.)
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