BILL NUMBER: AB 2731	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

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.   An act to amend
Section 32127.3 of the Health and Safety Code, rela   ting
to health care districts. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2731, as amended, Arambula.  Prostate cancer: consent
requirements.  Health care districts: federal loans or
grants.  
   Existing law provides for the formation and establishes the powers
of a health care district. Existing law places limits on the extent
to which a health care district may borrow money and incur
indebtedness.  
   Existing law authorizes the board of directors of any district to
borrow money or issue bonds and to execute first mortgages, first
deeds of trust, or other necessary security interests exclusively for
the purpose of securing federal mortgage insurance, federal loans,
or federally insured loans issued pursuant to the federal National
Housing Act for financing or refinancing the construction of new
health facilities, the expansion, modernization, renovation,
remodeling, or alteration of existing health facilities, and the
initial equipping of those health facilities under the federal
mortgage insurance programs available to a local hospital district.
 
   This bill would add to the purposes for which the board of
directors of a district may borrow money, issue bonds, or execute
first mortgages, first deeds of trust, or other security interests,
the purpose of securing federal loans or grants or guaranteed loans
issued pursuant to the federal Consolidated Farm and Rural
Development Act, as specified.  
   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.    Section 32127.3 of the  
Health and Safety Code   is amended to read: 
   32127.3.  (a) Exclusively for the purpose of securing federal
mortgage insurance, federal loans,  federal loans or grants or
guaranteed loans issued pursuant to the federal Consolidated Farm and
Rural Development Act (7 U.S.C. Sec. 1921, et seq.), as amended by
Public Law 109-171 on February 8, 2006,  or federally insured
loans issued pursuant to the National Housing Act (12 U.S.C. Secs.
1715w and 1715z-7) for financing or refinancing the construction of
new health facilities, the expansion, modernization, renovation,
remodeling, or alteration of existing health facilities, and the
initial equipping of those health facilities under the federal
mortgage insurance programs as are now or may hereafter become
available to a local hospital district, and notwithstanding any
provision of this division, or any other provision or holding of law,
the board of directors of any district may do either or both of the
following:
   (1) Borrow money or issue bonds, in addition to other financing
methods authorized under this division.
   (2) Execute, in favor of the United States, appropriate federal
agency, or federally designated mortgagor, first mortgages, first
deeds of trust, or other necessary security interests as the federal
government may reasonably require with respect to a health facility
project property as security for that insurance.
   (b) No payments of principal, interest, insurance premiums and
inspection fees, and all other costs of financing obtained as
authorized by this section shall be made from funds derived from the
district's power to tax.
   (c) The Legislature hereby determines and declares that the
authorizations for executing the mortgages, deeds of trust, or other
necessary security agreements by the board and for the enforcement of
the federal government's rights thereunder are in the public
interest in order to preserve and promote the health, welfare, and
safety of the people of the state by providing, without cost to the
state, a federal mortgage insurance program for health facility
construction loans in order to stimulate the flow of private capital
into health facilities construction to enable the critical need for
new, expanded, and modernized public health facilities to be met.
   (d) The Legislature further determines and declares that the
United States, appropriate federal agency, or federally designated
mortgagor named as beneficiary of any first mortgage or other
security interest delivered as authorized by this section is not a
private person or body within the meaning of Section 11 of Article XI
of the California Constitution. 
  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
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 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.