BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 722
Author: Lowenthal (D)
Amended: 5/28/13 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 10-0, 6/4/13
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Roth, Wyland
NO VOTE RECORDED: Pavley
ASSEMBLY FLOOR : 77-0, 04/15/13 (Consent) - See last page for
vote
SUBJECT : Vehicles: drivers licenses: medical examinations
SOURCE : California Chiropractic Association
Southern California University of Health Sciences
DIGEST : This bill makes chiropractors eligible to perform and
report medical examinations on individuals applying to drive a
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, or farm labor vehicle.
ANALYSIS :
Existing law:
1.Requires an individual operating a school bus, school pupil
activity bus, youth bus, general public paratransit vehicle,
or farm labor vehicle to have a valid driver's license for the
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appropriate class of vehicle, as well as a special certificate
issued by the Department of Motor Vehicles (DMV) permitting
the operation of that vehicle.
2.Requires an individual applying for an original or renewal
certificate to drive a schoolbus, school pupil activity bus,
youth bus, general public paratransit vehicle, or farm labor
vehicle to submit a report of medical examination given not
more than two years prior to the application date.
3.Requires schoolbus drivers to undergo a medical examination
within the same month of reaching 65 years of age and each
12th month thereafter.
4.Provides that only a licensed physician, licensed physician
assistant, or licensed advance practice registered nurse may
perform the medical examination on individuals applying to
drive a schoolbus, school pupil activity bus, youth bus,
general public paratransit vehicle, or farm labor vehicle, and
on individuals 65 years or older who operate a schoolbus.
This bill adds licensed doctors of chiropractic who are listed
on the federal registry of medical examiners to the list of
providers qualified to perform the required medical examination
on individuals who are applying to drive a schoolbus, school
pupil activity bus, youth bus, general public paratransit
vehicle, or farm labor vehicle, as well as on schoolbus drivers
65 years or older.
Comments
For a long period of time, the federal government authorized
only doctors of medicine to perform physicals on commercial
drivers. In 1992, however, the Federal Highway Administration
amended its regulations to allow other healthcare providers to
perform these exams. Currently, the Federal Motor Carrier
Safety Administration (FMCSA) allows doctors of medicine,
doctors of osteopathy, physician assistants, licensed advance
practice registered nurses, and chiropractors to perform
examinations on commercial drivers. California law, however,
allows only a licensed physician, licensed physician assistant,
or licensed advance practice registered nurse to perform the
required physical exam and report of a person who is applying to
obtain a DMV certificate to operate a school bus, school pupil
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activity bus, youth bus, general public paratransit vehicle, or
farm labor vehicle, as well as on schoolbus drivers 65 years or
older.
In April 2012, FMCSA issued final regulations establishing a
National Registry of Certified Medical Examiners. These
regulations establish criteria, including training and
certification testing, that all medical examiners must meet in
order to conduct physicals on commercial motor vehicle drivers.
The regulations require all motor carriers and drivers,
effective May 21, 2014, to use only medical examiners on this
list. "Medical examiners" include the same healthcare
professionals as current regulations, which, as noted above,
includes chiropractors, but these healthcare professionals will
now have to be listed on the registry in order to qualify to
conduct the exams. This bill qualifies any medical examiner
listed on the national registry to perform physicals on special
certificate drivers in California.
Prior Legislation
AB 1812 (Bermudez) of 2004, would have allowed licensed advance
practice registered nurses and chiropractors to perform
physicals on individuals applying to drive a schoolbus, school
pupil activity bus, youth bus, general public paratransit
vehicle, or farm labor vehicle. DMV opposed the bill on the
grounds that these providers "simply do not have the training
and experience to recognize the symptoms of undisclosed
conditions which may affect the driver." Governor
Schwarzenegger vetoed the bill, arguing that it was unnecessary
and would reduce the current standard, but ordered DMV to
conduct a study on the issue. This study, completed in December
2005, stated that California has traditionally set higher
standards than federal regulations, particularly in the case of
school bus drivers and other certificate holders who transport
children. It pointed out that the National Transportation
Safety Board had raised concerns about unqualified medical
personnel performing these exams. The report concluded that
"Until the Federal Motor Carrier Safety Administration has
resolved the issue of unqualified medical personnel conducting
these exams, California law should continue to require that
physicians conduct the medical exams for special certificate
drivers." FMCSA is now establishing a national registry of
healthcare providers and requiring providers to meet certain
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training and certification requirements in order to be listed on
the registry.
AB 139 (Bass), Chapter 158, Statutes of 2007, allowed licensed
advance practice registered nurses qualified to perform a
medical examination and licensed physician assistants to conduct
physical examinations on individuals applying to drive a
schoolbus, school pupil activity bus, youth bus, general public
paratransit vehicle, or farm labor vehicle. The California
Academy of Physician Assistants, sponsor of that bill, stated
that the existing law overburdened physicians with routine
duties that should be performed by clinically competent
mid-level practitioners.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/5/13)
California Chiropractic Association (co-source)
Southern California University of Health Sciences (co-source)
State Board of Chiropractic Examiners
ARGUMENTS IN SUPPORT : The author states that this bill makes
physicals more accessible to special certificate drivers because
chiropractors are often able to schedule an exam more quickly
and affordably than many other healthcare providers. The author
also states that because chiropractors have been performing the
identical exam on commercial truck drivers for more than 20
years, it is appropriate to eliminate this gap in the law.
ASSEMBLY FLOOR : 77-0, 4/15/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
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NO VOTE RECORDED: Harkey, Lowenthal, Vacancy
JA:nl 6/5/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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