BILL NUMBER: AB 2919	CHAPTERED  07/06/04

	CHAPTER  100
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 5, 2004
	PASSED THE SENATE  JUNE 21, 2004
	PASSED THE ASSEMBLY  MAY 17, 2004
	AMENDED IN ASSEMBLY  MARCH 23, 2004

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 20, 2004

   An act to amend Section 3209.10 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2919, Ridley-Thomas.   Workers' compensation:  physician
assistant:  nurse practitioner.
   Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment.  Existing law, until January 1,
2006, authorizes medical treatment of a work-related injury to 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.
   This bill would eliminate the January 1, 2006, repeal date thereby
extending the operation of this provision indefinitely.


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


  SECTION 1.  Section 3209.10 of the Labor Code is amended 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.