BILL ANALYSIS SB 953 Page 1 Date of Hearing: June 15, 2010 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 953 (Walters) - As Amended: May 19, 2010 SENATE VOTE : 32-0 SUBJECT : Podiatrists: liability for emergency services. SUMMARY : Removes reference to a deleted provision which would limit the care provided by a podiatrist in an emergency situation and states legislative intent that nothing in this bill is intended to enlarge, reduce, or otherwise modify the scope of practice of podiatrists. EXISTING LAW : 1)Provides, under the Medical Practice Act, for the licensure and regulation of physicians and surgeons by the Medical Board of California (MBC) and for the licensure and regulation of podiatrists by the California Board of Podiatric Medicine (BPM) within the MBC. 2)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. 3)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. 4)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, as specified. 5)Prohibits construing these provisions to authorize a SB 953 Page 2 podiatrist to act beyond certain scope of practice limitations. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal. COMMENTS : Purpose of this bill . According to the author's office, "Doctors of Podiatric Medicine are apparently the only licensed or unlicensed health practitioners prohibited from assisting beyond their normal scope during a medical emergency. There is no basis for excluding one of the more highly trained provider groups. It could cost the lives of Californians, unnecessarily, in the event of a disaster. No other State is known to restrict Doctors of Podiatric Medicine in the event of medical disasters." 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. Support . The sponsor of this bill, BPM, writes, "This bill, by deleting B&P Section 2397(d), 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 Section 2472 (previously 2473). SB 953 Page 3 "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, including Article 17 (Sections 2395-2398), which provides exemptions from liability during medical emergencies. We were surprised to find Section 2397(d), 'Nothing in this article shall be construed to authorize practice by a podiatrist beyond that set forth in Section 2473.' 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." Double referred . This bill has been double referred to Assembly Judiciary Committee. REGISTERED SUPPORT / OPPOSITION : Support California Board of Podiatric Medicine (sponsor) California Podiatric Medical Association Opposition None on file. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301