BILL ANALYSIS Ó AB 722 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 722 (Lowenthal) As Amended May 28, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |77-0 |(April 15, |SENATE: |33-0 |(July 8, 2013) | | | |2013) | | | | ----------------------------------------------------------------- Original Committee Reference: TRANS . 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 chiropractors that perform physical examinations for commercial license applicants must be in compliance with federal requirements. The Senate amendments provide additional clarification that a licensed chiropractor as specified in federal regulations may perform medical examinations on applicants identified in this bill. 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 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. AB 722 Page 2 3)Allows chiropractors to conduct physical examinations on school bus drivers 65 years of age or older. 4)Requires, at the federal level, 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. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. 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 labor 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 AB 722 Page 3 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 medical examiners includes a variety of health providers including chiropractors. This bill 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. This bill was substantially similar to the version passed by the Assembly. Analysis Prepared by : Manny Leon / TRANS. / (916) 319-2093 FN: 0001092