BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 583
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 583 (Hayashi)
          As Amended  August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |78-0 |(April 13,      |SENATE: |27-9 |(August 24,    |
          |           |     |2009)           |        |     |2010)          |
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           Original Committee Reference:    B., P. & C.P.  

           SUMMARY  :   Requires health care practitioners to provide their  
          name, license type, and highest level of academic degree, and  
          board certification in a written disclosure or in their offices,  
          as specified.   

           The Senate amendments  :
          
          1)Require health care practitioners to disclose their name,  
            license type, and highest level of academic degree in their  
            office or in writing to their patients, as specified.   

          2)Require physicians and surgeons, including osteopathic  
            physicians, as specified, to disclose the name of their  
            certifying board or association.  

          3)Require health care practitioners disclosing the required  
            information in writing to use at least 24-point type and a  
            specified format. 

          4)Exempt nurses and pharmacists from the requirement to display  
            their highest level of academic degree.

          5)Require health care practitioners providing information  
            regarding health care services on an Internet Web site by  
            their direct control or office personnel, to prominently  
            display the information required by this bill. 

          6)Exempt the following health care practitioners from this bill:  


             a)   Those providing professional medical services to  
               enrollees of a health care service plan that exclusively  
               contracts with a single medical group in a specific  








                                                                  AB 583
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               geographic area; 

             b)   Those working in a licensed clinical laboratory or  
               health facility, including hospitals, nursing facilities,  
               intermediate care facilities, correctional treatment  
               centers, as specified; and, 

             c)   Those licensed in one of the following professions:   
               clinical laboratory technology, hearing aid dispensers,  
               respiratory therapy, veterinary medicine, and social  
               workers. 

           EXISTING LAW  : 

          1)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 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.

          2)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.

          3)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.

           AS PASSED BY THE ASSEMBLY  , this bill required health care  
          practitioners to display their educational degree, license type  
          and status, and board certification on either their nametag or  
          in their offices, as specified.  This bill also required  
          supervising physicians and surgeons to post their hours in each  
          office.  








                                                                  AB 583
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           FISCAL EFFECT  :   Unknown.  This bill is keyed non-fiscal. 

           COMMENTS  :  This bill was amended in the Senate to require health  
          care practitioners to disclose specified information by written  
          disclosure or by prominent display, instead of on name tags.   
          This bill, as amended in the Senate in consistent with Assembly  
          actions. 
          

           Analysis Prepared by  :    Joanna Gin / B.,P. & C.P. / (916)  
          319-3301 
          
          
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