BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 953| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 953 Author: Walters (R) Amended: 5/19/10 Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 7-0, 4/5/10 AYES: Negrete McLeod, Aanestad, Calderon, Correa, Oropeza, Walters, Yee NO VOTE RECORDED: Wyland, Florez SENATE JUDICIARY COMMITTEE : 4-0, 5/4/10 AYES: Corbett, Harman, Hancock, Leno NO VOTE RECORDED: Walters SUBJECT : Podiatrists: liability for emergency services SOURCE : California Board of Podiatric Medicine DIGEST : This bill deletes a reference to an obsolete provision of law and states legislative intent that nothing in the bill is intended to enlarge, reduce, or otherwise modify the scope of practice of podiatrists. Senate Floor Amendments of 5/19/10 move the intent language in the bill into an uncodified section. ANALYSIS : Existing law: CONTINUED SB 953 Page 2 1. Defines the scope of "podiatric medicine" as the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. 2. Provides that no podiatrist, who in good faith renders emergency care at the scene of an emergency, shall be liable for civil damages as a result of any acts or omissions by the podiatrist in rendering the emergency care. This immunity does not apply in the event of a willful act or omission. 3. Provides that podiatrists are not liable for civil damages for injury or death caused in an emergency situation occurring in the podiatrist's office or in a hospital because of a failure to inform a patient of the possible consequences of a medical procedure when the failure was because: A. The patient was unconscious. B. The procedure was undertaken without the consent of the patient because the podiatrist reasonably believed that it should be done immediately and there was insufficient time to inform the patient. C. Or, the procedure was performed on a patient legally incapable of giving consent and the podiatrist reasonably believed that the procedure should be done immediately and there was insufficient time to obtain the consent of the person authorized to provide that consent for the patient. This immunity from liability applies only to actions for damages for injuries or death arising out of the podiatrist's failure to inform, and not to actions for damages arising out of the podiatrist's negligence in rendering treatment. 4. Provides that nothing in the above-described provisions shall be construed to authorize practice by a podiatrist beyond that set forth in Section 2473 of the Business and Professions Code, which has been repealed. CONTINUED SB 953 Page 3 This bill removes reference to a deleted provision which limits the care provided by a podiatrist in an emergency situation. States that nothing in this bill is intended, nor shall it be construed to enlarge, reduce, or otherwise modify the scope of practice of doctors of podiatric medicine, as specified, and is intended to clarify that exemptions from liability under current law apply to doctors of podiatric medicine rendering emergency care, and are intended to delete a reference to an obsolete provision of law. Background Podiatrists treat the human foot, including the ankle and muscles and tendons of the leg governing the functions of the foot. In order to become certified to practice podiatric medicine, candidates must complete four years of undergraduate education, graduate from one of seven approved colleges of podiatric medicine, and complete at least two years of postgraduate podiatric medical and surgical training. In addition to performing foot and ankle surgeries, podiatrists are also licensed to perform surgical procedures, under the direct supervision of a physician as an assistant at surgery, that are otherwise beyond the scope of practice of a podiatrist. A podiatrist may not, however, function as a primary surgeon for any procedure beyond his/her scope of practice. Existing law provides immunity from liability for a podiatrist who, in good faith, renders emergency care at the scene of an emergency, except for willful acts or omissions. Existing law also provides immunity for a podiatrist who fails to inform a patient of the possible consequences of a medical procedure, as specified. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/19/10) California Board of Podiatric Medicine (source) CONTINUED SB 953 Page 4 ARGUMENTS IN SUPPORT : The bill's sponsor, the California Board of Podiatric Medicine (BPM), writes: "In the event of a duly-proclaimed medical disaster, this bill removes a barrier enacted 30-years ago to highly-trained Doctors of Podiatric Medicine providing Good Samaritan emergency care beyond their regular foot and ankle scope in B&P Code Section 2472 (previously 2473). Following Katrina, the Governor's Office initiated the Healthcare Surge project in 2007 to ensure California would be better prepared in the event of a medical disaster. The Departments of Public Health and Consumer Affairs directed health licensing boards to alert licensees to be ready. They also asked that we remove barriers now that could slow medical response when caseloads are soaring, and provider ranks are thinned, immobilized and overwhelmed. "BPM reviewed the Good Samaritan statutes ? which [provide] exemptions from liability during medical disasters. We were surprised to find Section 2397(d), ? During 2007 interagency meetings, there was agreement that Section 2397(d) is an unnecessary, imprudent anachronism that does not reflect good public policy. "SB 953 does not alter the Doctor of Podiatric Medicine's normal scope of practice in Section 2472. It does provide DPMs can assist during an emergency as specified in Article 17 (Sections 2395-2398) without regard to Section 2472." JJA:mw 5/19/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED