Relating to the licensing, regulation, and discipline of licensed health professionals

The bill requires the integrated database to include a clearly identifiable function that identifies whether each licensee has had a complaint filed against the licensee for sexual misconduct or sexual assault, as defined in the bill, substance use, medical malpractice, or substandard practice. Upon the creation of the integrated database, the bill requires a health profession licensing board to consult the database before issuing a license to an applicant. If a health profession licensing board identifies a founded case of sexual misconduct against an applicant, the bill prohibits the board from issuing a license to the applicant unless years have elapsed since the conduct giving rise to the case, and the applicant has completed a problematic sexualized behavior treatment program. If a health profession licensing board identifies a founded case of sexual misconduct against a current licensee, the bill requires the board to suspend the license of the licensee until years have elapsed since the conduct giving rise to the case, and the licensee has completed a problematic sexualized behavior treatment program. The bill imposes on licensees a duty to report any other licensee that the licensee knows to have violated a law or rule regarding sexual misconduct, sexual assault, or substance use within five days of obtaining such knowledge to the relevant board. The bill requires each health profession licensing board to require each licensee to complete at least one hour of continuing education per licensure renewal cycle on the licensee’s duty to report. The bill requires a person who employs a licensed health professional to submit to the board who licenses the person information regarding all disciplinary actions taken against the licensee. Upon the receipt of a complaint against a licensee, the bill also requires a board to provide a copy of the complaint to the licensee’s employer, all insurance carriers who have billed for the licensee’s services in the past year, and the licensee’s medical malpractice insurance company, if applicable, if the board receives the express written permission of the complainant. The bill requires health profession licensing boards to take certain actions in response to the receipt of complaints on specified matters. For a complaint of sexual misconduct, a board shall require a licensee to practice under supervision until the conclusion of the board’s investigation. For a complaint of sexual assault, the board shall suspend the license of the licensee until the conclusion of the board’s investigation. The bill requires health profession licensing boards to prioritize investigations of complaints of sexual misconduct and sexual assault such that the average length of such investigations does not exceed days. If a licensee is criminally charged with sexual abuse or human trafficking, a health profession licensing board shall immediately suspend the license of the licensee, and a board shall permanently revoke the license of a licensee who is convicted of sexual abuse or human trafficking. The bill requires a law enforcement officer to provide all information gathered pursuant to an investigation of a claim of sexual abuse or human trafficking against a licensee to the relevant licensing board if the law enforcement officer terminates the investigation without requesting that charges be filed, charges are dropped, or a conviction is overturned. The board shall then permanently revoke the license of a licensee if the board finds by a preponderance of the evidence that the underlying conduct occurred. The bill requires a licensed health professional who is practicing on a probationary basis to provide a written disclosure regarding the basis for the licensee’s probationary status to a person or the person’s guardian prior to providing services. Prior to granting a license to an applicant for a license to practice medicine and surgery or osteopathic medicine and surgery who has practiced in another state, the bill requires the board of medicine to obtain the complete disciplinary history of the applicant from each state in which the applicant has practiced and determine whether the history requires the board to decline to issue a license or complete an additional investigation before issuing a license. The bill allows the board of medicine to discipline a physician and surgeon or osteopathic physician and surgeon who is employed by a health insurer and denies a claim for any reason not supported by the sound medical judgment of the licensee. The bill removes the privileged and confidential status of files relating to a licensing board investigation of a licensee once the licensing board completes its investigation. The bill prohibits a licensing board from releasing investigative files containing personally identifiable information without the express written consent of the complainant. The bill makes disciplinary records of a licensed health professional admissible in a civil action to the extent that they show a pattern of misconduct or a breach of professional duties.