BILL ANALYSIS Ó
AB 722
Page 1
Date of Hearing: April 8, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 722 (Lowenthal) - As Amended: April 1, 2013
SUBJECT : Vehicles: driver's licenses: medical examinations
SUMMARY : Adds chiropractors to the list of eligible persons to
perform medical examinations for specified drivers.
Specifically, this bill :
1)Adds chiropractors to the list of eligible health care
providers that may perform and report medical examinations for
applicants of all ages applying or renewing certification to
operate a school bus, school pupil activity bus, youth bus,
general public paratransit vehicle, or farm labor vehicle.
2)Clarifies that all licensed medical examiners, including
chiropractors, that perform physical examines for commercial
license applicants must be in compliance with federal
requirements.
EXISTING LAW :
1)Requires applicants for an original or renewal certificate to
drive a school bus, school pupil activity bus, youth bus,
general public paratransit vehicle, or farm labor vehicle to a
submit a report to the Department of Motor Vehicles (DMV) of a
medical examination given by a physician licensed to practice
medicine, a licensed advance practice registered nurse
qualified to perform a medical examination, or a licensed
physician assistant.
2)Allows chiropractors to conduct physical examinations on
drivers for all other categories of commercial vehicles.
3)Allows chiropractors to conduct physical examinations on
school bus drivers 65 years of age or older.
4)At the federal level, requires all healthcare providers to be
certified and listed on the National Registry of Certified
Medical Examiners (NRCME) in order to perform physical
examinations on applicants for commercial driver's licenses;
defines chiropractor as a licensed medical examiner.
AB 722
Page 2
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : In 1992, federal guidelines were modified to allow a
licensed physician assistant, nurse practitioner, or
chiropractor to perform physical examinations on commercial
vehicle drivers. Several years later, inconsistencies in the
vehicle code pertaining to these federal regulations were
uncovered which, as a result, prohibited these professions from
conducting physical examinations on this category of commercial
drivers. DMV then modified its physical examination forms and
examiner guidelines so that only medical doctors could carry out
specific driver exams for school buses, school pupil activity
buses, youth buses, general public paratransit vehicles, and
farm laborer vehicles.
Over time, state law has been amended to allow chiropractors to
perform physical examinations on all other categories of
commercial drivers including trucks, public transit vehicles,
and ambulances. State law was further amended to allow
chiropractors to perform physical examines on school bus drivers
65 years of age or older. As a result, school bus drivers under
65 years of age are the last remaining group of drivers which
are prohibited from receiving a physical examine from
chiropractors.
The sponsors of this bill state "AB 722 would eliminate this gap
in the law by allowing chiropractors to similarly perform
physical exams to those under 65 of age. Chiropractors are
educated and licensed by the State of California to serve as a
portal of entry and as primary care providers. Chiropractors
have rigorous academic and clinical training. They earn a
4-year doctorate degree and undergo extensive clinical
education, which includes a year-long internship. By law,
chiropractors are required to refer patients to another health
care provider if they detect a condition that is not part of the
chiropractic scope of practice."
Furthermore, on April 20, 2012 the Federal Motor Carrier Safety
Administration (FMCSA) issued its final ruling on the creation
of the NRCME. In this final ruling, starting in May 2014, the
FMCSA requires health care providers who conduct physical
examinations on applicants for a commercial license to be a
licensed medical examiner, undergo and pass a certification
process, and be listed in the NRCME. The list of licensed
AB 722
Page 3
medical examiners includes a variety of health providers
including chiropractors.
AB 722 will bring the state into alignment with federal law and
ensure consistency amongst providers by requiring all licensed
medical examiners that perform physical examinations for
commercial license applicants to undergo the same federal
certification process.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chiropractic Association (Sponsor)
The Southern California University of Health Services (Sponsor)
Opposition
None of file
Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093