BILL ANALYSIS
AB 2360
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GOVERNOR'S VETO
AB 2360 (Lieu)
As Amended August 7, 2006
2/3 vote
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|ASSEMBLY: |63-10|(May 4, 2006) |SENATE: |28-7 |(August 23, |
| | | | | |2006) |
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|ASSEMBLY: |75-7 |(August 28, | | | |
| | |2006) | | | |
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Original Committee Reference: HEALTH
SUMMARY : Restricts the sale, lease, and distribution of
ultrasound diagnostic imaging machines to licensed medical
providers or an entity that provides services to those
providers.
The Senate amendments :
1) Delete the requirement that the scope of practice of a
licensed healing arts practitioner authorizes the use of an
ultrasound diagnostic imagining machine.
2) Extend authorization for the sale, lease, and distribution of
ultrasound diagnostic imaging machines to the following:
educational facilities; healing arts practitioners under the
Chiropractic Initiative Act; a person or entity that determines
the safety and efficiency of ultrasound diagnostic imaging
machines; and, a person certified in ultrasound technology for
use in the livestock industry.
3) Establish a sunset date of January 1, 2017.
AS PASSED BY THE ASSEMBLY , this bill restricted the sale, lease,
and distribution to licensed medical providers and entities that
AB 2360
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provide services to those providers, and makes a violation of
this bill a misdemeanor.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Compliance/investigations $0 $253 $253General
Enforcement of this bill requires monitoring of manufacturers,
distributors and freelance vendors and requires an investigator
and support positions.
COMMENTS: This bill is substantially similar to the version
approved by the Assembly.
GOVERNOR'S VETO MESSAGE :
I am returning Assembly Bill 2360 without my signature
because current law already provides who can and who
cannot purchase and operate ultrasound diagnostic
imaging machines. AB 2360 adds the restriction in
another code section, thus causing unneeded confusion
and expense to state agencies responsible for
enforcement. This bill does not make consumers any
safer than they are today.
Minimizing unnecessary exposure to ultrasound and
reducing the improper use of ultrasound machines are
important goals. For that reason, I signed AB 2049
(Nakanishi, Chapter 78, Statutes of 2004) which
requires facilities that offer fetal ultrasounds, for
keepsake or entertainment purposes, to disclose to
clients that the U.S. Food and Drug Administration
recommends against the use of ultrasounds for
non-medical purposes.
AB 2360
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Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
FN: 0018053