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