Fail: 2,376,817 / 33.2% Yes votes ...... 4,774,364 / 66.8% No votes

See Also: Index of all Propositions

Summary Prepared by the State Attorney General:

• Requires drug and alcohol testing of doctors and reporting of positive test to the California Medical Board.
• Requires Board to suspend doctor pending investigation of positive test and take disciplinary action if doctor was impaired while on duty.
• Requires doctors to report any other doctor suspected of drug or alcohol impairment or medical negligence.
• Requires health care practitioners to consult state prescription drug history database before prescribing certain controlled substances.
• Increases $250,000 cap on pain and suffering damages in medical negligence lawsuits to account for inflation.

Fiscal Impact from the Legislative Analyst:

State and local government costs from raising the cap on medical malpractice damages ranging from tens of millions to several hundred million dollars annually, offset to some extent by savings from requirements on health care providers.

Meaning of Voting Yes/No

A YES vote on this measure means:

The cap on medical malpractice damages for such things as pain and suffering would be increased from $250,000 to $1.1 million and adjusted annually for future inflation. Health care providers would be required to check a statewide prescription drug database before prescribing or dispensing certain drugs to a patient for the first time. Hospitals would be required to test certain physicians for alcohol and drugs.

A NO vote on this measure means:

The cap on medical malpractice damages for such things as pain and suffering would remain at $250,000 and not be subject to annual inflation adjustments. Health care providers would not be required to check a statewide prescription database before prescribing or dispensing drugs. Hospitals would not be required to test physicians for alcohol and drugs.

• Official Election Web Site
• Full Text
• Impartial Analysis from the Legislative Analyst

Summary of Arguments FOR Proposition 46:

46 saves lives. It prevents substance abuse by doctors and patients and holds negligent doctors accountable. Estimates show 18% of health professionals have an abuse problem in their lifetimes. Medical negligence is this country's third largest cause of death. Prescription drug overdoses are epidemic. A cure is overdue. Vote Yes.

Summary of Arguments AGAINST Proposition 46:

Trial lawyers wrote Prop. 46 to make millions from medical malpractice lawsuits. We will pay, and could lose our trusted doctors--as many doctors and specialists are forced to leave California, moving to states with more affordable medical- liability insurance. Protect your wallet and access to healthcare. No on 46.

Contact FOR Proposition 46:

Your Neighbors For Patient Safety
969 Colorado Boulevard, Suite 103
Los Angeles, CA 90041
(310) 395-2544
info@YesOn46.org
http://www.yeson46.org

Contact AGAINST Proposition 46:

No on 46--Patients and Providers to Protect Access and Contain Health Costs
1510 J Street, Suite 120
Sacramento, CA 95814
(916) 706-1001
info@NoOn46.com
http://www.NoOn46.com

Secretary of State

• Official Results - includes results by county

VotersEdge

• Funding Summary for Prop 46 - the most complete information: everything on this page plus funding, news articles, endorsements, ads. From MapLight and the Smart Voter team of LWV California Education Fund
• Cal-Access - Details of committee campaign finance filings submitted to the Secretary of State.

League of Women Voters

• Video Explanation of Prop 46 (English) - These animated videos were produced by the League of Women Voters of California Education Fund in partnership with SeePolitical. Also available in Spanish.
• Easy Voter Guide - An overview of proposition 46. Guide is available in PDF for printing
• Pros and Cons of Prop 46 - Read more detail about proposition 46
• In Depth of Prop 46 - Even more detail!!
• How to Evaluate Ballot Measures

Pros & Cons: Santa Clara County

• Pros & Cons Presentations
• Video Presentation by the League of Women Voters of Palo Alto

• Oct. 27, 7:00 to 9:00 pm, Fremont Main Library, 2400 Stevenson Blvd., Fremont

KPCC Coverage

• Debating Proposition 46: Medical-malpractice damages, drug-testing docs - 10/21. KPCC's AirTalk hears more about Proposition 46 from the measure's author, Bob Pack, and Dr. Hector Flores, MD, of Family Care Specialists Medical Group in East L.A. and White Memorial Medical Center.
• The tragic story behind Prop 46, what the measure aims to accomplish - 10/07. Proposition 46 is a measure inspired by a tragic accident that left two children dead.
• Proposition 46: Voter support drops when they hear the details, poll says - 09/15. Voters support Proposition 46 by wide margins -- until they hear the details of the initiative, particularly the fiscal impact, according to a new USC/L.A. Times poll.

• Election Guide - see a summary, statement of what the proposition does, and the "inside scoop" by correspondent John Myers for each proposition
• Proposition 46 Coverage