BILL ANALYSIS
AB 356
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 356 (Fletcher)
As Amended August 25, 2009
Majority vote
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|ASSEMBLY: |77-0 |(May 21, 2009) |SENATE: |39-0 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Expands the existing category of licentiates of the
healing arts to include a licensed physician assistant (PA) who
practices pursuant to the Radiologic Technology (RT) Act, and
authorizes a physician and surgeon to delegate procedures using
ionizing radiation, including, but not limited to, fluoroscopy,
to a licensed PA, under specified conditions.
The Senate amendments :
1)Clarify that nothing in this bill shall be construed to remove
the need for a PA to pass an examination in fluoroscopy
radiation safety and protection approved by the Department of
Public Health (DPH), as specified.
2)Prohibit the provisions of this bill from being construed to
do the following:
a) Authorize a PA to perform any other procedures utilizing
ionizing radiation except those authorized by holding a
licentiate fluoroscopy permit.
b) Remove the need for a PA to be subject to the licentiate
fluoroscopy permit requirements approved by DPH, as
specified.
3)Allow DPH to charge permit fees sufficient to offset the costs
of implementing this bill.
4)Make other technical and conforming changes.
EXISTING LAW :
AB 356
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1)Establishes the Radiologic Health Branch within DPH which is
responsible for licensing of radioactive materials,
registration of X-ray producing machines, certification of
X-ray and radioactive material users, inspection of facilities
using radiation, investigation of radiation incidents, and
surveillance of radioactive contamination in the environment.
2)Establishes the RT Act, administered by DPH, to establish
standards of education, training, and experience for persons
who use radiation on human beings and to prescribe means for
assuring that these standards are met.
3)Prohibits any person from administering or using diagnostic or
therapeutic X-ray unless that person has been certified by, or
granted a permit from, DPH; is acting within the scope of that
certification or permit; and, is acting under the supervision
of a licentiate of the healing arts (licentiate).
4)Defines a licentiate, for purposes of the RT Act, as a
licensed physician and surgeon, podiatrist, or chiropractor.
5)Requires DPH to provide for certification of licentiates to
supervise the operation of X-ray machines or to operate X-ray
machines, or both; prescribes minimum standards of training
and experience for these licentiates; and, prescribes
procedures for examining applicants for certification.
6)Exempts a licentiate from the prohibition specified in 3)
above if the licentiate is certified and acting within the
scope of that certification.
7)Provides for, in regulations, a licentiate certificate as a
radiology supervisor and operator, and licentiate supervisor
and operator permits in radiography, dermatology, and
fluoroscopy.
8)Provides for the regulation and licensing of PAs by the
Physician Assistant Committee of the Medical Board of
California.
9)Specifies, in regulations, that a PA may only perform those
medical services which he or she is competent to perform and
which are consistent with the PA's education, training, and
experience, and which are delegated in writing by a
AB 356
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supervising physician who is responsible for the patients
cared for by that PA.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, special fund costs for the PA diagnostic imaging
permit program of up to $390,000 in 2009-10, up to $280,000 in
2010-11, and $140,000-$280,000 in 2011-12.
COMMENTS : The Senate version differs from the
Assembly-approved version in that the Senate amendments make
technical and conforming changes to clarify the intent of the
bill and give DPH the authority to charge a commensurate fee
sufficient to offset the costs of the PA fluoroscopy permit
program allowed under this bill.
Analysis Prepared by : Cassie Rafanan / HEALTH / (916)
319-2097
FN: 0002396