BILL ANALYSIS                                                                                                                                                                                                    







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        |Hearing Date:July 29, 2009         |Bill No:AB                         |
        |                                   |583                                |
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                       SENATE COMMITTEE ON BUSINESS, PROFESSIONS  
                                          AND  
                                    ECONOMIC DEVELOPMENT
                         Senator Gloria Negrete McLeod, Chair

                         Bill No:        AB 583Author:Hayashi
                     As Amended:June 22, 2009           Fiscal: No

        
        SUBJECT:   Health care practitioners: disclosure of education and  
        office hours.
        
        SUMMARY:  Revises and recasts existing law to require health care  
        practitioners to display their license type and, except for nurses,  
        the highest level of academic degree on any of the following: on a  
        nametag, the office, or in writing given to a patient; requires a  
        physician, surgeon, osteopathic physician and surgeon, and doctor of  
        podiatric medicine who is certified in a medical specialty to disclose  
        his or her board certification in one of the three ways identified  
        above; and, requires physicians and surgeons who supervise an office  
        in addition to their primary practice location to post their hours in  
        each office.  

        Existing law:

   1)Requires a health care practitioner to disclose, while working, his or  
          her name and practitioner's license status on a name tag in at least  
          18-point type or prominently display his or her license in his or  
          her office, except if a health care practitioner is in a practice or  
          office where their license is prominently displayed, they may opt to  
          not wear a name tag.

   2)Makes it unlawful for health care licensees to disseminate or cause to be  
          disseminated any form of public communication, as defined,  
          containing false, fraudulent, misleading, deceptive statements, or  
          images, as specified, to induce the provision of services or the  
          rendering of a product relating to a professional practice or  
          business for which he or she is licensed, and provides that any  
          person so licensed who violates this provision is guilty of a  





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          misdemeanor and that such a violation shall constitute good cause  
          for revocation or suspension of his or her license or other  
          disciplinary action including an administrative fine not to exceed  
          $10,000.

   3)Authorizes advertising by health care licensees if it includes certain  
          general information regarding the practitioner and requires certain  
          disclosures to be made regarding dentists, physicians and surgeons,  
          podiatrists and optometrists regarding the advertising of their  
          education, accreditation, certification or specialty.

   4)Specifies requirements for the recognition and advertising, or claims or  
          statements made by dentists, physicians and surgeons, podiatrists  
          and optometrists regarding board certification, or recognition by an  
          accrediting organization, multidisciplinary board or association.

   5)Defines "health care practitioner" to include any person who engages in  
          acts that are the subject of licensure or regulation under Division  
          2 of the BPC, including but not limited to: physicians, surgeons,  
          nurses, chiropractors, and dentists.

        This bill:

          1)   Revises and recasts existing law to require health care  
          practitioners to display their license type and highest level of  
          academic degree in addition to their name and practitioner's license  
          status as specified in existing law, on either: their name tag in at  
          least 18-point type, in writing given to a patient at his or her  
          initial office visit, or in a prominent display in his or her  
          office.  

          2)   States that an individual licensed under the Nurse Practice Act  
          is not required to disclose his or highest level of academic degree.

          3)   Requires that an individual licensed as a physician and  
          surgeon, podiatrist or osteopathic physician, who is certified by  
          any of the following: a) An American Board of Medical Specialties  
          member board; b) A board or association with equivalent requirements  
          approved by that person's medical licensing authority; c) A board or  
          association with an Accreditation Council for Graduate Medical  
          Education approved postgraduate training program that provides  
          complete training in that specialty or subspecialty, to disclose the  
          name of the board or association either on a name tag in at least  
          18-point type, in writing given to the patient on the patient's  
          first office visit, or in a prominent display in the office.






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          4)   Requires a physician and surgeon who supervises an office in  
          addition to his or her primary practice location to prominently  
          display in each of those offices a current schedule of the regular  
          hours when he or she will be present in that office and the office  
          hours during which he or she will not be present.  Requires, if the  
          office is a part of a group practice with more than one physician  
          and surgeon, that the office post a current schedule of the hours  
          when a physician and surgeon is present in the office.

          5)   Exempts health care practitioners working in hospitals, as  
          specified and clinical laboratories from the requirement of items  
          #3) and #4) above.


        FISCAL EFFECT:  Unknown. This bill has been keyed "non-fiscal" by  
        Legislative Counsel.


        COMMENTS:
        
        1.Purpose.  According to the Author's office, "Patients are often  
          confused on who exactly the health care practitioner is who is  
          performing treatment or giving health care advice.  Patients may not  
          understand the educational background of a health care  
          practitioner."  With respect to these concerns, the provisions in  
          this bill are meant to help educate the patient with regard to their  
          health care practitioners' license types and highest academic  
          degrees achieved. 

        2.Background.  

           2)   Popularity of Plastic Surgery. The American Society of Plastic  
             Surgeons' (ASPS) Website states that about 12.1 million cosmetic  
             procedures were performed in 2008, representing a $10.3 billion  
             industry.  ASPS indicates that the top five surgical procedures  
             were breast augmentation, liposuction, nose reshaping, eyelid  
             surgery, and tummy tuck.  Moreover, ASPS points out that there  
             were 10.7 million minimally-invasive cosmetic procedures 2008.   
             The top five minimally-invasive procedures were Botox, hyaluronic  
             acid fillers, chemical peel, laser hair removal, and  
             microdermabrasion.  

           Recognizing the need to educate the public when considering  
             cosmetic surgery, the  College of Physicians and Surgeons of  
             Ontario, Canada  posted a fact sheet entitled  What You Should Know  
             About Cosmetic Surgery  to assist consumers to make an informed  





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             decision.  The fact sheet included an explanation of the  
             different kinds of doctors who provide services, the various  
             issues that consumers should be aware of when considering  
             cosmetic surgery, and a list of questions to ask before making a  
             decision about having cosmetic surgery.  This bill includes a  
             provision requiring MBC to also post on its Website a fact sheet  
             for consumers.

           2)   Prior Efforts Dealing with Cosmetic Surgery Practices.  In  
             California, cosmetic surgery can be performed by any licensed  
             physician; from a plastic surgeon to a pediatrician.  Many  
             physicians, who may or may not be trained in cosmetic procedures,  
             are conducting increasingly complex procedures in settings  
             outside of hospitals such as outpatient surgery centers and  
             doctors' offices.  It is also common for doctors performing  
             complex cosmetic surgeries to receive their only training from  
             weekend courses or instructional videos.  Currently, there are no  
             uniform standards for physician training related to cosmetic  
             surgery, and the regulation of outpatient settings in which these  
             surgeries occur need to be strengthened to ensure public safety.   
             The Legislature attempted to regulate the practice of cosmetic  
             surgery in previous years with the introduction of several bills  
             including:

              2)     SB 1423  (Figueroa, Chapter 873, Statutes of 2006) required  
               MBC in conjunction with the BRN to promulgate regulations on or  
               before January 1, 2009 to implement changes relating to the use  
               of laser or intense pulse light devices for cosmetic procedures  
               by physicians and surgeons, nurses, and physician assistants. 

              2)     SB 835  (Figueroa, 1999) would have enacted the Cosmetic  
               Surgery Patient Disclosure Act, which would have required  
               physicians who perform cosmetic surgery, as defined, to provide  
               MBC with specified information, including training, board  
               certifications, and number of procedures performed, and  
               requires MBC to make this information available to the public  
               upon request and post the information on the Internet.  SB 835  
               was vetoed by then Governor Davis who indicated that the  
               methods prescribed by the measure were unduly burdensome.

              2)     SB 836  (Figueroa, Chapter 856, Statutes of 1999) expanded  
               and revised the prohibition against fraudulent advertising by  
               health practitioners.

             2)     SB 837  (Figueroa, 1999) would have required cosmetic  
               surgery procedures to be performed in a licensed acute care  





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               hospital or in a licensed or accredited outpatient surgery  
               setting.  SB 837 died in the Assembly Appropriations Committee.

              2)     SB 1454  (Ridley-Thomas) Required for purposes of  
               advertising that a health care practitioner, provide the type  
               of license under which the licensee is practicing and the type  
               of degree received upon graduation from professional training  
               and that a health care practitioner who is practicing in an  
               outpatient setting, as defined, wear a name tag which includes  
               his or her name and their license status.  Required MBC to  
               adopt regulations on the appropriate level of physician  
               supervision necessary within clinics using laser or intense  
               pulse light devices for elective cosmetic surgery, and that MBC  
               establish as one of its priorities the investigation of  
               unlicensed activity within such clinics.  SB 1454 died on the  
               Assembly Floor. 

        3.Support If Amended. The  Medical Board of California  , while in  
          support of the disclosure requirements of this bill, feels that a  
          more specific description of what is meant by "prominent display" of  
          the supervising physician's office hours must be outlined in the  
          bill.  Furthermore, the Board argues, "The posting of the Website of  
          the practitioners' licensing boards is important or at a minimum the  
          name of the Boards that license the heath care practitioners working  
          in the office."

        4.Arguments in Support.   The California Society of Plastic Surgeons   
          (CSPS) states that oftentimes patients consult with their member  
          physicians and surgeons after receiving what the patient believes is  
          a poor outcome.  When patients learn that they were treated by a  
          non-physician or a physician not board certified in plastic surgery  
          they are surprised.  CSPS points out that patients are confused with  
          the numerous varieties of health care practitioners currently  
          performing medical procedures.  CSPS states that the public is  
          better served and protected if they are more educated and informed  
          about each health care professional that may treat them.   
          Furthermore, the  California Medical Association (CMA  ) points out  
          that this will help patients better understand the credentials of  
          their healthcare practitioners prior to receiving treatment.  CMA  
          also believes that by disclosing their license status and highest  
          level of degree received, this bill will provide for the truthful  
          exchange of information between patients and providers.  CMA  
          indicates that the provisions requiring physicians who supervise  
          more than one office location to post the hours they are present at  
          each office is said to inform the patients of the availability of  
          physicians and whether they are being treated by other non-physician  





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          or midlevel healthcare practitioners.

        5.Oppose Unless Amended.  The  Respiratory Care Board of California  
          argues that the proposed requirement to disclose the highest level  
          of academic degree is onerous and unnecessary and has potential to  
          cause confusion among patients.  Further, it is concern that  
          implementing this requirement for over 16,000 respiratory care  
          practitioners in the state will be difficult for some employees.  It  
          is requesting an exemption from this requirement, similar to those  
          provided to nurses. 

        6.Technical Amendment.  On page 2 line 8: "patent's" should read  
          "patient's".
        

        SUPPORT AND OPPOSITION:
        
         Support:  

        California Society of Plastic Surgeons Inc (Co-Sponsor)
        California Medical Association (Co-Sponsor)
        California Psychiatric Association
        California Senior Legislature
        Association of Northern California Oncologists

         Support if Amended: 

         Medical Board of California 
         Oppose Unless Amended:  

        Respiratory Care Board of California  

         

        Consultant:Yuliya Zeynalova