BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2386
          Author:   Gilmore (R) and Cook (R)
          Amended:  5/28/10 in Senate
          Vote:     21

           
           SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE  :  7-0, 6/14/10
          AYES:  Negrete McLeod, Aanestad, Calderon, Correa, Florez,  
            Walters, Yee
          NO VOTE RECORDED:  Wyland, Oropeza

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 5/13/10 - See last page for vote


           SUBJECT  :    Armed Forces:  medical personnel

           SOURCE  :     Author


           DIGEST  :    This bill authorizes a hospital to enter into an  
          agreement with the Armed Forces of the Untied States to  
          authorize a physician and surgeon, physician assistant, or  
          a registered nurse to provide medical care in the hospital  
          under specified conditions.

           ANALYSIS  :    

           Existing federal law  

          1. States that a person under the jurisdiction of the  
             Secretary of a military department may not provide  
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             health care independently as a health-care professional  
             unless the person has a current license to provide such  
             care.  Provides that in the case of a physician, the  
             physician may not provide health care as a physician  
             unless the current license is an unrestricted license  
             that is not subject to limitation on the scope of  
             practice, as specified.  Allows the Secretary of Defense  
             to waive these provisions in unusual circumstances, as  
             specified.

          2. Allows a health care professional who has a current  
             license to practice medicine, osteopathic medicine,  
             dentistry, or another health profession, and who is  
             performing authorized duties of the Department of  
             Defense, to practice the health profession or  
             professions of the healthcare professional in any State,  
             the District of Columbia, or a Commonwealth, territory,  
             or possession of the United States, regardless of  
             whether the practice occurs in a health care facility of  
             the Department of Defense, a civilian facility  
             affiliated with the Department of Defense, or any other  
             location authorized by the Secretary of Defense. 

          3. Defines a health care professional for purposes of item  
             #1) above as a physician, dentist, clinical  
             psychologist, marriage and family therapist certified as  
             such by a certification recognized by the Secretary of  
             Defense, or nurse and any other person providing direct  
             patient care as may be designated by the Secretary of  
             Defense in regulations.

           Existing state law
           
          1. States that it is the policy of the state that,  
             consistent with high quality health care services,  
             persons with skills, knowledge and experience obtained  
             in the armed services of the United States should be  
             permitted to apply such learning and contribute to the  
             health manpower needs of the state at the maximum level  
             of responsibility and skill for which they are  
             qualified.

          2. States that the rules and regulations of boards within  
             the Department of Consumer Affairs (DCA) shall provide  

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             for methods of evaluating education, training, and  
             experience obtained in military service if such training  
             is applicable to the requirements of that profession.

          3. Prohibits, unless otherwise required by federal law or  
             regulations, a board within the DCA which licenses  
             dentists, physicians and surgeons, podiatrists, or  
             nurses, from requiring a person to obtain or maintain  
             any license to practice a profession or render services  
             in California if one of the following applies:

             A.    The person practicing a profession or rendering  
                services does so exclusively as an employee of a  
                department, bureau, office, division, or similarly  
                constituted agency of the federal government, and  
                provides medical services exclusively on a federal  
                reservation or at any facility wholly supported by  
                and maintained by the United States government.

             B.    The person practicing a profession or rendering  
                services does so solely pursuant to a contract with  
                the federal government on a federal reservation or  
                at any facility wholly supported and maintained by  
                the United States government.

             C.    The person practicing a profession or rendering  
                services does so pursuant to, or as a part of a  
                program or project conducted or administered by a  
                department, bureau, office, division, or similarly  
                constituted agency of the federal government which  
                by federal statute expressly exempts persons  
                practicing a profession or rendering services as  
                part of the program or project from state laws  
                requiring licensure.

          4. Allows a board to deny issuance of a license to an  
             applicant or take disciplinary action against the holder  
             of a California license for acts or omissions committed  
             by the applicant or licensee in the course of  
             professional practice or rendering services described in  
             item #3) above if both of the following apply:

             A.    The acts or omissions committed by the applicant  
                or licensee constituted grounds for denial or  

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                discipline pursuant to the laws of this state  
                governing licensees or applicants for licensure for  
                the profession or vocation in question.

             B.    The acts or omissions constituting the basis for  
                denial or discipline by the agency were not  
                authorized, exempted or rendered inconsistent by  
                federal statute.

          5. States that a physician and surgeon who is not licensed  
             in this state but who is a commissioned officer on  
             active duty in the medical corps of any branch of the  
             armed forces of the United States may engage in the  
             practice of medicine as part of a residency, fellowship,  
             or clinical training program if specified conditions are  
             met.

          This bill:

          1. Authorizes a hospital to enter into an agreement with  
             the Armed Forces of the United States to authorize a  
             physician and surgeon, physician assistant, or  
             registered nurse to provide medical care in the hospital  
             if all of the following apply:

             A.    The physician and surgeon, physician assistant,  
                or registered nurse holds a valid license in good  
                standing to provide medical care in the District of  
                Columbia or any state or territory of the United  
                States.

             B.    The medical care is provided as part of a  
                training or educational program designed to promote  
                the combat readiness of the physician and surgeon,  
                physician assistant, or registered nurse.

             C.    The agreement complies with federal law and any  
                regulations or guidelines adopted pursuant to this  
                bill.

          2. Requires a physician and surgeon, physician assistant,  
             or registered nurse who is authorized to practice  
             pursuant to item #1) above to disclose, while working,  
             on a name tag in at least 18-point type, his or her name  

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             and license status, his or her state of licensure, and a  
             statement that he or she is a member of the Armed Forces  
             of the United States.

          3. States that if an agreement is entered into pursuant to  
             item #1) above, no board under this division that  
             licenses physicians and surgeons, physician assistants,  
             or registered nurses may require such person to obtain  
             or maintain any license to practice his or her  
             profession or render services in the State of  
             California.

          4. Requires a physician and surgeon, physician assistant,  
             or registered nurse who enters into an agreement with a  
             hospital pursuant to item #1) above, to register with  
             the board that licenses his or her respective health  
             care profession in this state on a form provided by that  
             board.

          5. Sunsets the provisions of this bill on January 1, 2016.

           Background
           
          Existing law allows physician and surgeons, podiatrists,  
          nurses, or dentists who are licensed in other states to  
          practice their professions in California without obtaining  
          state licensure as long as they are practicing or rendering  
          services as an employee of, or pursuant to a contract with  
          the federal government, and provides health care services  
          at facilities supported or maintained by the United States  
          government.  However, existing law does not permit these  
          health care practitioners, who may also be military  
          personnel, to be afforded an opportunity to receive their  
          training or education in California hospitals.  This bill  
          allows, pursuant to an agreement between a hospital and the  
          Armed Forces of the United States, physicians and surgeons,  
          physician assistants, or nurses licensed in other states to  
          provide medical care at California hospitals as part of a  
          training or educational program designed to promote the  
          combat readiness of these heath care practitioners.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


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           SUPPORT  :   (Verified  6/29/10)

          California Academy of Physicians Assistants 
          California Association of County Veterans Service Officers
          California Medical Board
          California Military Officers Association of America
          California State Commanders Veteran's Council
          Solano County Board of Supervisors

           ARGUMENTS IN SUPPORT  :    According to the author's office  
          who is the sponsor of this bill states, this bill provides  
          the statutory framework to allow military health care  
          professionals to improve their skills prior to being  
          deployed to war.  The author's office also states that a  
          similar successful model was achieved in Nevada in 2009, in  
          which a program was created at the UMC Trauma Center near  
          Nellis Air Force Base.  The program was very popular and  
          mutually beneficial to the hospital because the Air Force  
          was able to provide fully-trained and certified physicians  
          free of charge.


           ASSEMBLY FLOOR  : 
          AYES: Adams, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie  
            Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,  
            Niello, Nielsen, Norby, V. Manuel Perez, Portantino,  
            Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED: Ammiano, Caballero, Hagman, Skinner,  
            Vacancy


          JJA:do  6/29/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE


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