BILL NUMBER: AB 2731	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 19, 2010

   An act to amend Section 2248 of the Business and Professions Code,
and to amend Section 109280 of the Health and Safety Code, relating
to cancer.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2731, as introduced, Arambula. Prostate cancer: consent
requirements.
   Under existing law the State Department of Public Health is
required to approve a standardized written summary concerning the
advantages, disadvantages, risks, and descriptions of procedures with
regard to medically viable and efficacious alternative methods of
treatment of prostate cancer to be printed or provided by the Medical
Board of California to physicians and surgeons. Under existing law,
physicians and surgeons are urged to make this written summary
available to patients and are required, if the physician and surgeon
examines the patient's prostate gland and specified conditions are
present, to provide the patient with information about the
availability of appropriate diagnostic procedures, including, but not
limited to, the prostate antigen (PSA) test.
   This bill would make technical, nonsubstantive changes to these
provisions and would state the intent of the Legislature to enact
legislation that would revise existing informed consent requirements
for patients with prostate cancer to require the diagnosing physician
to document that a referral to a radiation oncologist has been
offered to the patient.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation that would revise existing informed consent requirements
for patients with prostate cancer to require the diagnosing physician
to document that a referral to a radiation oncologist has been
offered to the patient.
  SEC. 2.  Section 2248 of the Business and Professions Code is
amended to read:
   2248.  This section shall be known as, and may be cited as, the
Grant H. Kenyon Prostate Cancer Detection Act.
   (a) If  , during a physical examination,  a physician and
surgeon  , during a physical examination,  examines
a patient's prostate gland, the physician and surgeon shall provide
information to the patient about the availability of appropriate
diagnostic procedures, including, but not limited to, the prostate
antigen (PSA) test, if any of the following conditions are present:
   (1) The patient is over 50 years of age.
   (2) The patient manifests clinical symptomatology.
   (3) The patient is at an increased risk of prostate cancer.
   (4) The provision of the information to the patient is medically
necessary, in the opinion of the physician and surgeon.
   (b) Violation of subdivision (a) constitutes unprofessional
conduct and is not subject to Section 2314.
  SEC. 3.  Section 109280 of the Health and Safety Code is amended to
read:
   109280.  (a) A standardized written summary in layperson's
language and in a language understood by patients shall be approved
by the department. The department may approve the use of an existing
publication from a recognized cancer authority as the written
summary. Commencing on January 1, 2003, and every three years
thereafter,  if  the department  is using an existing
publication from a recognized cancer authority as the written
summary, the department  shall review its approval  of
the use of an existing publication from a recognized cancer authority
as the written summary  to ensure that the approved written
summary comprises timely, new, and revised information regarding
prostate cancer treatment options as the department determines is
necessary. The written summary shall be printed or made available by
the Medical Board of California to physicians and surgeons,
concerning the advantages, disadvantages, risks, and descriptions of
procedures with regard to medically viable and efficacious
alternative methods of treatment of prostate cancer. Physicians and
surgeons are urged to make the summary available to patients when
appropriate.
   (b) The department and the Medical Board of California shall each
post this summary on its Internet Web site for public use.
   (c) If the department updates this summary, it shall send the
updated summary to the Medical Board of California and both the
department and the Medical Board of California shall each post this
updated summary on its Internet Web site.