Official Results
Yes votes:
2,376,817 (33.2%)
No votes:
4,774,364 (66.8%)

Proposition 46 will increase the state's cap on medical negligence lawsuits from $250,000 to over $1 million. All doctors would receive drug and alcohol testing with the results reported to the California Medical Board. The Medical Board would be required to suspend any doctors with positive results while investigating the results. Any doctors found to be impaired would be disciplined. Health care pracitioners would be required to report doctors suspected of drug or alchol use while on duty. Finally, health care practioners would be required to consult a state prescription drug database before prescribing specific controlled substances.

For more information on this proposition, including voter resources, in-depth analysis, and endorsements, please see the California Choices web site.


Supports of Proposition 46 believe the measure will help stem the impact of medical negligence in the state by forcing doctors to be accountable for wrongdoing while practicing. They claim the measure will help combat prescription drug abuse by forcing doctors to consult a database for patient's addiction history. They say that measure will help stem the impact of drug use by doctors by instituting routine testing.



Opponents claim Proposition 46 is deceptive because it's true intent is to increase the limit on malpractice award amounts resulting in higher rates for the public as well as the departure of many docotors to areas with lower malpractice limits. They say the prescription drug database created by the measure is an invasion of privacy. They believe the testing of doctors for drug and alcohol abuse is an attempt to distract from the measure's true focus.