BILL NUMBER: AB 1194	CHAPTERED  09/04/01

	CHAPTER  229
	FILED WITH SECRETARY OF STATE  SEPTEMBER 4, 2001
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2001
	PASSED THE ASSEMBLY  AUGUST 20, 2001
	PASSED THE SENATE  JULY 19, 2001
	AMENDED IN SENATE  JULY 16, 2001
	AMENDED IN ASSEMBLY  MAY 14, 2001
	AMENDED IN ASSEMBLY  APRIL 17, 2001

INTRODUCED BY   Assembly Member Correa

                        FEBRUARY 23, 2001

   An act to add and repeal Section 3209.10 of the Labor Code,
relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1194, Correa.  Workers' compensation:  physician assistants and
nurse practitioners.
   Existing law requires the physician first treating a workers'
compensation claimant for injuries to submit a report ("Doctor's
First Report of Occupational Injury or Illness") to the employer
within 5 working days from the date of the initial examination.
   This bill would, until January 1, 2006, authorize a physician
assistant or nurse practitioner to cosign the Doctor's First Report
of Occupational Injury or Illness and to authorize a workers'
compensation claimant for injuries to receive time off from work for
a period not to exceed 3 calendar days if that authority is included
in standardized procedures or protocols.  The bill would require the
treating physician to sign the report and to make any determination
of temporary disability.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3209.10 is added to the Labor Code, to read:
   3209.10.  (a) Medical treatment of a work-related injury required
to cure or relieve the effects of the injury may be provided by a
state licensed physician assistant or nurse practitioner, acting
under the review or supervision of a physician and surgeon pursuant
to standardized procedures or protocols within their lawfully
authorized scope of practice.  The reviewing or supervising physician
and surgeon of the physician assistant or nurse practitioner shall
be deemed to be the treating physician.  For the purposes of this
section, "medical treatment" includes the authority of the nurse
practitioner or physician assistant to authorize the patient to
receive time off from work for a period not to exceed three calendar
days if that authority is included in a standardized procedure or
protocol approved by the supervising physician.  The nurse
practitioner or physician assistant may cosign the Doctor's First
Report of Occupational Injury or Illness.  The treating physician
shall make any determination of temporary disability and shall sign
the report.
   (b) The provision of subdivision (a) that requires the cosignature
of the treating physician applies to this section only and it is not
the intent of the Legislature that the requirement apply to any
other section of law or to any other statute or regulation.  Nothing
in this section implies that a nurse practitioner or physician
assistant is a physician as defined in Section 3209.3.
   (c) This section shall remain in effect only until January 1,
2006, and on that date is repealed, unless a later enacted statute
that is enacted before January 1, 2006, deletes or extends that date.

  SEC. 2.  The addition of Section 3209.10 to the Labor Code made by
this act does not constitute a change in, but is declaratory of,
existing law and neither expands nor limits the scope of practice of
nurse practitioners or physician assistants with regard to the
delivery of care pursuant to Division 4 of the Labor Code.
  SEC. 3.  In enacting this act, the Legislature intends to abrogate
the opinions expressed by the Administrative Director or the Division
of Workers' Compensation as set forth in Minnie Martin v. Los
Angeles Unified School District, AD No. 9786-4895, July 6, 1999, to
the extent that it precluded a physician assistant from practicing
within the scope of the protocol approved by the supervising
physician and their lawful scope of practice.