BILL ANALYSIS Ó ----------------------------------------------------------------------- |Hearing Date:April 22, 2013 |Bill No:SB | | |491 | ----------------------------------------------------------------------- SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Curren D. Price, Jr., Chair Bill No: SB 491Author:Hernandez As Amended:April 16, 2013 Fiscal: Yes SUBJECT: Nurse practitioners. SUMMARY: Deletes the requirement that nurse practitioners perform certain tasks pursuant to standardized procedures and/or consultation with a physician or surgeon and authorizes a nurse practitioner to perform those tasks independently. Also requires, after July 1, 2016, that nurse practitioners possess a certificate from a national certifying body in order to practice. Existing law: 1) Establishes the Board of Registered Nursing (BRN), within the Department of Consumer Affairs (DCA), and authorizes the BRN to license, certify and regulate nurses. (Business and Professions Code (BPC) §§ 2701; 2708.1) 2) Clarifies that there are various and conflicting definitions of "nurse practitioner" (NP) and "registered nurse" (RN) that are used within California and finds the public interest is served by determining the legitimate and consistent use of the title "nurse practitioner" established by the BRN. (BPC § 2834) 3) Requires applicants for licensure as a NP to meet specified educational requirements including: (BPC § 2835.5) a) Possessing a Master's degree in nursing, and/or a Master's degree in a clinical field related to nursing; b) A graduate degree in nursing; and SB 491 Page 2 c) Completion of a registered nursing program authorized by the BRN. 4) Recognizes the existence of overlapping functions between physicians and NPs and permits additional sharing of functions within organized health care systems that provide for collaboration between physician and NPs. (BPC § 2725; Health and Safety Code (HSC) § 1250) 5) Defines "health facility" as any facility, place, or building that is organized, maintained, and operated for the diagnosis, care, prevention and treatment of physical or mental human illness including convalescence, rehabilitation, care during and after pregnancy, or for any one or more of these purposes, for which one or more persons are admitted for a 24-hour stay or longer. (HSC § 1250) 6) Authorizes a NP to do the following, pursuant to standardized procedures created by a physician or surgeon, or in consultation with a physician or surgeon: (BPC § 2835.7) a) Order durable medical equipment; b) Certify disability claims; and c) Approve, sign, modify or add information to a plan of treatment for individuals receiving home health services. 7) Defines "furnishing" as the ordering of a drug or device in accordance with standardized procedures or protocols (SPP) or transmitting an order of a supervising physician and surgeon. (BPC § 2836.1(h)) 8) Defines "drug order" or "order" as an order for medication which is dispensed to or for an ultimate user and issued by a NP. (BPC § 2836.1(i)) 9) Establishes that the furnishing and ordering of drugs or devices by NPs is done in accordance with the SPP developed by the supervising physician and surgeon, NP and the facility administrator or designee, and shall be consistent with the NPs educational preparation and/or established and maintained clinical competency. (BPC § 2836.1) 10)Indicates a physician and surgeon may determine the extent of supervision necessary in the furnishing or ordering or drugs and SB 491 Page 3 devices. (BPC § 2836.1(g)(2)) 11)Permits a NP to furnish or order Schedule II through Schedule V controlled substances and specifies that a copy of the SPP shall be provided upon request to any licensed pharmacist who or devices when there is uncertainty about the NP furnishing the order. (BPC § 2836.1(f)(1)(2); HSC §§ 11000; 11055; 11056). 12)Indicates that for Schedule II controlled substances, the SPP must address the diagnosis of the illness, injury or condition for which the controlled substance is to be furnished. (BPC § 2836.1(2)) 13)Requires that a NP has completed a course in pharmacology covering the drugs or devices to be furnished or ordered. (BPC § 2836.1(g)(1)) 14)States a NP must hold an active furnishing number, register with the United States Drug Enforcement Administration and take a continuing education course in Schedule II controlled substances. (BPC § 2836.1(3)) 15)Specifies the SPP must list which nurse practitioners may furnish or order drugs or devices. (BPC § 2836.1(c)(1)) 16)Requires that the physician and surgeon supervision shall not be construed to require the physical presence of the physician, but does include collaboration to create the SPP, approval of the SPP and availability of the physician and surgeon to be contacted via telephone at the time of the patient examination by the NP. (BPC § 2836.1(d)) 17)Limits the physician and surgeon to supervise no more than four NPs at one time. (BPC § 2836.1(e)) 18)Authorizes the BRN to issue a number to NPs who dispense drugs or devices and revoke, suspend or deny issuance of the number for incompetence or gross negligence. (BPC § 2836.2) This bill: 1) Makes findings and declarations of the Legislature regarding the vital, safe and effective role of NPs and notes the important role of NPs addressing the primary care shortage anticipated as a result SB 491 Page 4 of the implementation of the federal Patient Protection and Affordable Care Act (ACA). 2) Indicates that a person who has been found to be qualified by the BRN to use the title "nurse practitioner" prior to January 1, 2005, is not required to submit additional information to the BRN. 3) Requires after July 1, 2016, an applicant for certification as a NP must hold a national certification from a national certifying body recognized by the BRN. 4) Removes the requirement that NPs must do the following tasks only if there are SPP authorized by a physician: a) Order durable medical equipment; b) Certify disability claims; and c) Approve, sign, modify or add information to a plan of treatment for individuals receiving home health services. 5) Adds the following to the list of tasks NPs can perform independently and without a SPP authorized by a physician: a) Assess patients, synthesize and analyze data and apply principles of health care; b) Manage patients' physical and psychosocial health status; c) Analyze data to identify the nature of a health care problem and select, implement and evaluate appropriate treatment; d) Examine a patient and establish a medical diagnosis; e) Order, furnish or prescribe drugs or devices; f) Refer a patient to another health care provider and consult with the other health care provider if the situation or condition is beyond the NPs knowledge and experience; g) Delegate duties to a medical assistant; h) Order hospice care; and i) Maintain medical malpractice insurance. SB 491 Page 5 6) Specifies that drugs or devices furnished, ordered or prescribed independently by a NP shall be consistent with the NPs educational preparation or level of competency. 7) Indicates that a NP shall not furnish, order or prescribe a dangerous drug without an appropriate examination and a medical indication except in certain circumstances. 8) Permits NPs to prescribe controlled substances and register with the United States Drug Enforcement Administration. FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by Legislative Counsel. COMMENTS: 1. Purpose. The bill is sponsored by the Author. The Author indicates SB 491 will establish full practice authority for NPs enabling them to perform all tasks and functions consistent with their education and training, and in collaboration with physicians and other health care providers. The Author believes SB 491 is an answer to the anticipated health workforce shortages due to the implementation of the Patient Protections and Affordable Care Act in 2014. The Author notes, "?many newly insured Californians will cause additional pressure on the already strained health care system, particularly in medically underserved areas." 2. Background. a) The Patient Protections and Affordable Care Act. On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA) into federal statute. The ACA, which states will begin implementing in 2014, represents one of the most significant government expansions and regulatory overhauls of the United States health care system since the passage of Medicare and Medicaid in 1965. The ACA is aimed at increasing the rate of health insurance coverage for Americans and reducing the overall costs of health care. It provides a number of mechanisms including mandates, subsidies and tax credits to employers and individuals in order to increase the coverage rate. Additional reforms aim to improve health care outcomes and streamline the delivery of health care. One salient provision is the requirement for insurance companies to cover all applicants and offer the same rates regardless of pre-existing medical conditions. SB 491 Page 6 Opponents of the ACA turned to the federal courts to challenge its constitutionality. On June 28, 2012, the United States Supreme Court upheld the constitutionality of most of ACA in the case of National Federation of Independent Business versus Sebelius. Specifically, the Supreme Court upheld the mandate for individuals to purchase health insurance if not covered by their employers on the basis that it is a tax rather than protection under the Commerce Clause. However, the Supreme Court determined that states could not be forced to participate in the expansion of Medicaid. As such, all provisions of the ACA will continue in effect or will take effect as scheduled subject to states determination on Medicaid expansion. In California, efforts are well underway to implement the ACA including Medicaid expansion, also referred to as "Medi-Cal" in California, by 2014. b) Primary Care Workforce Shortage. As a result of implementation of the ACA, about 4.7 million additional Californians will be eligible for health insurance beginning in 2014. It is anticipated that the newly insured will increase demand for health care on an already strained system. For example, according to estimates obtained from the Council on Graduate Medical Education (CGME), the number of primary care physicians actively practicing in California is far below the state's need. The distribution of these primary care physicians is also poor. In 2008, there were 69,460 actively practicing primary care physicians in California, of which only 35 percent reported they actually practiced primary care. This equates to 63 active primary care physicians per 100,000 persons. However, according to the CGME, 60 to 80 primary care physicians are needed per 100,000 persons in order to adequately meet the needs of the population. When the same metric is applied regionally, only 16 of California's 58 counties fall within the needed supply range for primary care physicians. In other words, less than one third of Californians live in a community where they have access to adequate health care services. c) Nurse Practitioner Education, Training and Scope. Education and Training. The BRN sets the educational standards for NP certification. A NP is a registered nurse (RN) who has earned a bachelors and postgraduate nursing degree such as a Master's or Doctorate degree. NPs possess advanced skill in physical diagnosis, psycho-social assessment and management of SB 491 Page 7 health-illness needs in primary health care, which occurs when a consumer makes contact with a health care provider who assumes responsibility and accountability for the continuity of health care regardless of the presence or absence of disease (CCR §§ 1480(b); 1484). Examples of primary health care include: physical and mental assessment, disease prevention and restorative measures, performance of skin tests and immunization techniques, withdrawal of blood and authority to initiate emergency procedures. Scope/ Standardized Procedures (SPPs). A NP does not have an additional scope of practice beyond the RNs scope and must rely on SPPs for authorization to perform medical functions which overlap with those conducted by a physician (CCR § 1485). Examples of these functions include: diagnosing mental and physical conditions, using drugs in or upon human beings, severing or penetrating the tissue of human beings and using other methods in the treatment of diseases, injuries, deformities or other physical or mental conditions. Standardized procedures and protocols must be developed collaboratively with NPs, physicians and administration of the organized health care system where they will be utilized. Because of this interdisciplinary collaboration, there is accountability on several levels for the activities to be performed by the NP. Importantly, a NP must provide the organized health system with satisfactory evidence that the nurse meets the experience, training and/or education requirements to perform the functions. If a NP undertakes a procedure without the competence to do so, such an act may constitute gross negligence and be subject to discipline by the BRN. The BRN and the Medical Board of California (MBC) jointly promulgated the following guidelines for SPPs: (Board of Registered Nursing, Title 16, California Code of Regulations (CCR) section 1474; Medical Board of California, Title 16, CCR Section 1379.) Standardized procedures and protocols shall include a written description of the method used in developing and approving them and any revision thereof. Each SPP shall: 1) Be in writing, dated and signed by the organized health care system personnel authorized to approve it; 2) Specify which SPP functions registered SB 491 Page 8 nurses may perform and under what circumstances; 3) State any specific requirements which are to be followed by NPs in performing particular SPP functions; 4) Specify any experience, training, and/or education requirements for performance of SPP functions; 5) Establish a method for initial and continuing evaluation of the competence of those NPs authorized to perform SPP functions; 6) Provide for a method of maintaining a written record of those persons authorized to perform SPP functions; 7) Specify the scope of supervision required for performance of SPP functions, for example, telephone contact with the physician; 8) Set forth any specialized circumstances under which the NP is to immediately communicate with a patient's physician concerning the patient's condition; 9) State the limitations on settings, if any, in which SPP functions may be performed; 10) Specify patient record-keeping requirements; and 11) Provide for a method of periodic review of the SPP. d) Nurse Practitioners in Medically Underserved Areas. Supervision of Medical Assistants. In response to California's growing population and ensuing need to provide health care services, SB 111 was passed in 2001. SB 111 permits NPs and other specified allied health professionals to supervise medical assistants (MAs) without a physician present and SB 491 Page 9 according to SPPs established by the physician. This supervision model is currently only permitted in free and community clinics such as Federally Qualified Health Centers (FQHC) and independent non-profit clinics. These clinics are typically in medically underserved areas and are statutorily prohibited from directly charging patients for receipt of treatment. They are not supported by enhanced Medi-Cal, but are largely supported by private donations. Since the passage of SB 111, the BRN within the DCA has not received any patient safety complaints or enacted any disciplinary action related to NPs supervising MAs in free and community clinics. ( http://www.chcf.org/topics/almanac/inde.cfm?itemId=133890 ;HSC Division 2, Chapter 1, Article 1 § 1204) Nurse-Managed Health Clinics. Nurse-managed health clinics, of which many are FQHCs and independent non-profit clinics, are safety net clinics that provide primary care, health promotion and disease prevention services to patients who are least likely to receive ongoing health care. This population includes people of all ages who are uninsured, underinsured, living in poverty and minority groups. Unlike other FQHC and independent non-profits, these clinics are solely operated by NPs. According to the National Nursing Centers Consortium, there are at least 250 nurse-managed clinics already operating in the United States; most are located in the East Coast. Of these, 10 have been chosen for funding through a federal expansion initiative. One such clinic, GLIDE Health Services, is a FQHC located in San Francisco, California and provides primary and urgent care, preventative services and psychiatric treatment to an urban population. Physician Supervision. In many of the nurse-managed clinics, the physician to NP supervision relationship is quite flexible. A supervising physician may be present for a very limited amount of time to perform perfunctory tasks such as signing off on equipment orders, and reviewing and signing medical records. The physician may also elect to make himself/herself available for telephonic consult. For example, at GLIDE the supervising physician is physically on site 1-2 days a week to sign off on orders such as wheel chairs, walkers and commodes and to review medications that have been prescribed and furnished by NPs. According to Patricia Dennehy, a NP and director of GLIDE, "Though we value our MD colleagues and consult with them for complex care SB 491 Page 10 issues, currently there are administrative barriers to care delivery and access that are not practical." Clinical Training Sites. In addition to providing care to patients, nurse-managed health clinics also play an important role in health professions education. More than 85 of the nation's leading nursing schools operate nurse-managed health clinics that serve as clinical education and practice sites for nursing students and faculty. Many, like GLIDE, also have partnerships with other academic programs and provide learning opportunities for medical, pharmacy, social work, public health and other students. e) Full Practice Authority. The American Association of Nurse Practitioners defines full practice authority as, "The collection of state practice and licensure laws that allow for nurse practitioners to evaluate patients, diagnose, order and interpret diagnostic tests, initiate and manage treatments, including prescribe medications, under the exclusive licensure authority of the state board of nursing." Like the changes to statute proposed in this legislation, under full practice authority, NPs are still required to meet educational and practice requirements for licensure, maintain national certification and remain accountable to the public and the state board of nursing. Under this model, NPs would continue to consult and refer patients to other health care providers according to the patient's needs. Over the past 50 years, several organizations and research institutions have examined the feasibility of full practice authority for NPs. The Institute of Medicine of the National Academies of Science released a 2010 report titled, The Future of Nursing: Leading Change, Advancing Health, in which the IOM wrote, "Remove scope of practice barriers. [NPs] should be able to practice to the full extent of their education and training?the current conflicts between what [NPs] can do based on their education and training and what they may do according to state federal regulations must be resolved so that they are better able to provide seamless, affordable and quality care." A report by the National Governor's Association, The Role of Nurse Practitioners in Meeting Increased Demand for Primary Care noted, "In light of research evidence, states might consider changing scope of practice restrictions and assuring adequate reimbursement for their services as a way of encouraging and incentivizing greater NP involvement in the provision of primary health care." SB 491 Page 11 Despite these arguments, some physician groups, including the American Medical Association (AMA) assert that encouraging full practice authority may put patients' health at risk. They cite the difference in educational attainment noting that physicians are required to complete four years of medical school plus three years of residency compared to the four years of nursing school and two years of graduate school required for NPs. Other States. Many other states have recognized the ability for NPs to play a more efficient role in the delivery of health care services and have updated their practice acts to align with NPs training and education. For example, about one third of the nation has adopted full practice authority including: Alaska, Arizona, Colorado, District of Columbia, Hawaii, Idaho, Iowa, Maine, Montana, Oregon, New Hampshire, New Mexico, North Dakota, Rhode Island, Vermont, Washington and Wyoming. The AMA contends that many of the NPs that practice independently in these states do not deliver care to underserved areas. Financial Implications . Over the past 40 years, there have been a number of studies on the cost-effectiveness of NP practice (Office of Technology Assessment, 1986; Chenowith, Martin, Pankowski & Raymond, 2008; Bakerjian, 2008; Chen, McNeese-Smith, Cowan, Upenieks & Afifi, 2009). Results overwhelmingly show NPs provide equivalent or improved medical care at a lower cost than their physician counterparts. Though the ACA encourages the creation of nurse-managed practices, by requiring insurers to pay NPs the same rates paid to physicians for identical services rendered, Medicare will not provide equal reimbursement. Presently, Medicare pays NPs 85% of the physician rate for the same services. The Medicare Payment Advisory Commission, the federal agency that advises Congress on Medicare issues, found that there was no analytical foundation for this difference. Despite this fact, revising payment methodology would require Congress to change the Medicare law. Additionally, health insurance plans have significant discretion to determine what services they cover and which providers they recognize. Not all plans cover NPs. Further, many managed care plans require enrollees to designate a primary care provider but do not always recognize NPs. In fact, a 2009 survey conducted by the National Nursing Centers Consortium found that nearly half of the major managed care organizations did not credential NPs as primary care SB 491 Page 12 providers ( www.healthaffairs.org/healthpolicybriefs/brief.php ). If NPs were granted full practice authority, state efforts would need to be undertaken to ensure NPs would be recognized as primary care providers by insurance companies. 1. Arguments in Support. The United Nurses Associations of California/ Union of Health Care Professionals supports the bill. In their letter they indicate, "Independent practice would allow NPs to choose to see Medi-Cal patients, a decision that is now left up to the physician they work for. Due to the excellent safety and efficacy record NPs have earned historically, the Institutes of Medicine and the National Council of State Boards of Nursing have recommended full practice for NPs. Currently, 17 states allow NPs to practice at the full extent of their training and education with independent practice." The California Association for Nurse Practitioners supports the bill. They point out in their letter, "Next year's addition of up to seven million new health care consumers affected by implementation of the Affordable Care Act is sure to exacerbate California's current shortage and uneven distribution of primary care physicians. SB 491 provides a partial solution to this dilemma by allowing NPs to play a boarder role in the health care system. Adoption of the policy changes proposed in this bill would add California to the growing number of states that already allow 'independent practice' for NPs in a wide range of health care settings." The American Association of Retired Persons supports the bill. In their letter they note, "Decades of evidence demonstrate that [nurse practitioners] have been providing high quality health care with positive outcomes equal to the care provided by their physician counterparts. Consumers will have improved access to medications, diagnoses and treatments, and referrals to specialists and therapists with the modernization of California's scope of practice laws." The Association of California Healthcare Districts states, "As health care districts are located in rural areas and have a difficult time recruiting physicians to their areas, expanding the scope of practice of Nurse Practitioners would allow patients to receive continuous preventative and acute care should there be no access to a physician." The California Association for Nurse Anesthetists supports the SB 491 Page 13 bill. In their letter they note, "[Nurse Anesthetists] work independently of anesthesiologists in 80% of California counties in a wide variety of practice settings; currently seven rural counties depend solely on nurse anesthetists?In 2009, Governor Arnold Schwarzenegger allowed California to "opt-out" of a requirement that [nurse anesthetists] be supervised by physicians to receive federal reimbursement. This has allowed our members to provide safe, high quality care to Californians at affordable rates, while increasing access to care." The California Optometric Association believes that this legislation in necessary to make the promise of the ACA a reality. Blue Shield of California indicates that the bill will expand the range of services that these practitioners are able to provide will improve access and quality of care as they are well trained and highly educated professionals that are already providing integral health services. The California Pharmacists Association wrote a joint letter with the California Society of Health-System Pharmacists . In it they write, "CSHP and CPhA believe that it is vital to better utilize all health care providers consistent with their training and education to address current workforce shortages. By empowering nurse practitioners to provide additional services with greater flexibility, SB 491 is an important part of the equation to meet health system demand." Californians for Patient Care also supports the bill. In their letter they note, "It is widely noted that there are not enough trained medical professionals to appropriately care for the influx of new patients. We believe it is important that qualified, educated and trained nurse practitioners be allowed to practice to the extent of their licenses to best serve California's patient population throughout the state." The National Association of Pediatric Nurse Practitioners state their support when they write, "With the exception of Nevada, California is surrounded by states that allow nurse practitioners full practice authority. We are not asking to expand on what we are trained to do; we are requesting that required supervision by a physician be removed since we already operate under professional standards. This is an unnecessary regulation and time spent supervising and being supervised limits the amount of time the nurse practitioner and physician can spend providing direct patient care." SB 491 Page 14 4. Support if Amended. The California Association of Physician Groups supports the bill if amended. They state, "Our concern over full autonomous practice, as currently stated in this measure, is that it will lead to increased practice silos in California, competition with primary care physicians, and increased fragmented delivery of care." 5. Arguments in Opposition. The California Medical Association (CMA) opposes the bill and raises several concerns in their letter. They indicate, "There is no evidence that states that have expanded scope of practice have experienced improved access to care or lower levels of underserved patient populations. For example, of the states that allow independent practice of nurse practitioners, 12 states have a larger underserved population than California." The CMA also notes, "Current requirements for standardized procedures are not mere formalities or bureaucratic barriers to care. These requirements are in place to ensure that patient care includes the involvement and oversight of a physician who is substantially more qualified and experienced to oversee patient care." They add, "Contrary to claims that allowing full independent practice is consistent with a national trend of state scope of practice expansions?33 states including Texas, Florida, New York and Illinois require physician involvement with nurse practitioners. Of these, 24 require physician involvement?to diagnose, treat and prescribe." The CMA is also concerned that complaints about care provided by NPs would be referred to the BRN which would be responsible for investigation and discipline. They write, "?the BRN is structured very differently from the MBC and does not have access to expert physician reviewers who can assess if the care provided was below or within the community standard of care." The California Academy of Eye Physicians & Surgeons state their opposition when they note, "The bills are being promoted such that they would in some way provide additional access to medical services for those who will gain coverage under the Affordable Care Act. With regard to nurse practitioners, it is difficult to believe that argument is valid. Currently they work under physician supervision. If they were independent, they would likely see exactly the same number of patients. The only change would be that they would see them on their own." The Union of American Physicians and Dentists also opposes the bill. They note in their letter, "UAPD/AFSCME embraces the concept of expanding health care access to residents of the State of California. However, SB 491 is not the solution. The bill does SB 491 Page 15 nothing to expand the delivery of quality health care to residents. Rather, SB 491 stakes out an untested and uncertain health care delivery system full of potential pitfalls for the patient. The removal of medical supervision over nurse practitioners has many shortcomings, including disrupting an effective health care treatment team." The Lighthouse for Christ Mission opposes the bill. They believe physicians, who have many years more training, are far less likely to miss more rare causes of some diseases, helping to ensure patients will get the right treatment. Canvasback Missions indicated similar opposition in their letter when they note, "As an organization that is keenly interested in health care and works to serve populations who need access to high quality health care, we have concerns?NPs who have less training than physicians?are far less likely to miss rare causes of some diseases." The California Society of Anesthesiologists opposes the bill. They indicate, "Patient safety could be at risk by allowing NP prescription of drugs, including controlled substances, without the collaboration of physicians having far more training in diagnosing underlying diseases and conditions. Further, since excessive prescribing of controlled substances is seen as a major health problem, authorizing a new category of direct prescribers is contrary to the need for stronger oversight and controls." The California Right to Life Committee, Inc. is also opposed to the bill. They are concerned that the bill "would be used as a vehicle for nurses to perform abortions and administer abortifacient drugs." 6. Oppose Unless Amended. The California Academy of Family Physicians opposes the bill unless it is amended. They believe legislation that changes the scope of [NPs] profession as "independent" or "autonomous" is contrary to what California consumers have come to expect and need, especially when it comes to patient safety. The Osteopathic Physicians and Surgeons of California also opposes the bill unless it is amended. They indicate, "SB 491 is?a premature response to a genuine problem. OPSC would be happy to continue a dialogue with Dr. Hernandez, the NPs and other stakeholders on a more appropriate solution. It is recommended that SB 491 be held in committee until that dialogue is completed and consensus is reached on responsible amendments on the measure." SB 491 Page 16 7. Current Related Legislation. SB 352 (Pavley, 2013) would authorize a NP, physician assistant or certified nurse-midwife to supervise medical assistants without a physician present and according to standardized procedures and protocols created by the physician. (Note: This bill passed out of Senate Business Professions and Economic Development (BPED) Committee on April 8, 2013, and is currently on the Senate floor.) SB 492 (Hernandez of 2013) Permits an optometrist to diagnose treat and manage additional conditions with ocular manifestations, directs the California Board of Optometry to establish educational and examination requirements and permits optometrists to perform vaccinations and surgical and non-surgical primary care procedures. The bill is also up for consideration before the Committee today. ( Note: The bill is up for consideration before the BP&ED Committee today.) SB 493 (Hernandez, 2013) authorizes a pharmacist to administer drugs and biological products that have been ordered by a prescriber. Expands other functions pharmacists are authorized to perform, and authorizes pharmacists to order and interpret tests for the purpose of monitoring and managing the efficacy and toxicity of drug therapies and to independently initiate and administer routine vaccinations. Also establishes board recognition for an advanced practice pharmacist. ( Note: The bill is up for consideration before the BP&ED Committee today.) 8. Prior Related Legislation. AB 2348 (Mitchell, Chapter 460, Statutes of 2012) authorized a registered nurse to dispense specified drugs or devices upon an order issued by a certified nurse-midwife, nurse practitioner, or physician assistant within specified clinics. The bill also authorized a registered nurse to dispense or administer hormonal contraceptives in strict adherence to specified standardized procedures. SB 1524 (Hernandez, Chapter 796, Statutes of 2012) deleted the requirement for at least 6 months duration of supervised experience by a physician before a nurse-midwife could furnish or order drugs. The bill authorized a physician and surgeon to determine the extent of the supervision in connection with the furnishing or ordering of drugs and devices by a nurse practitioner or certified nurse-midwife. AB 867 (Nava, Chapter 416, Statutes of 2010) authorized, until July 1, 2018, the California State University to establish a Doctor of SB 491 Page 17 Nursing Practice degree pilot program at 3 campuses chosen by the Board of Trustees to award the Doctor of Nursing Practice degree. The bill required the Doctor of Nursing Practice degree pilot program to be designed to enable professionals to earn the degree while working full time, train nurses for advanced practice, and prepare clinical faculty to teach in postsecondary nursing programs. SB 809 (Ashburn, 2007) would have deleted the requirement that the BRN consult with physicians and surgeons in establishing categories of nurse practitioners. The bill would have revised the educational requirements for certification as a nurse practitioner and would have required a nurse practitioner to be certified by a nationally recognized certifying body approved by the board. The bill would have allowed a nurse practitioner to prescribe drugs and devices if he or she has been certified by the board to have satisfactorily completed at least 6 months of supervised experience in the prescribing of drugs and devices and if such prescribing is consistent with his or her education or established clinical competency, would have deleted the requirement of standardized procedures and protocols, and would have deleted the requirement of physician supervision. ( Note : This bill died in Senate BPED Committee.) AB 1436 (Hernandez, 2007) would have allowed a nurse practitioner to perform comprehensive health care services according to his or her educational preparation. The bill would have authorized a nurse practitioner to admit and discharge patients from health facilities, change a treatment regimen, or initiate an emergency procedure, in collaboration with specified health practitioners. ( Note : This bill was never taken up on the Senate floor.) AB 1711 (Strickland, Chapter 58, Statutes of 2005) authorized a registered nurse or licensed pharmacist to administer influenza and pneumoccocal immunizations without patient-specific orders to patients age 50 years or older in a skilled nursing facility under standing orders when they meet federal recommendations and are approved by the medical director of the skilled nursing facility. AB 1821 (Cohn, 2004) would have established the Nursing Workforce Education Investment Act. The act would establish in OSHPD a state nursing contract program with accredited schools and programs that educate and train licensed vocational nurses and registered nurses to increase the supply of nurses in California. ( Note : This bill was vetoed by the Governor.) SB 491 Page 18 AB 2226 (Spitzer, Chapter 344, Statutes of 2004) would have required, after January 1, 2008, an applicant for initial qualification or certification as a nurse practitioner to meet specified requirements, including possessing a master's degree in nursing, a master's degree in a clinical field related to nursing, or a graduate degree in nursing, and to have satisfactorily completed a nurse practitioner program approved by the board. AB 2560 (Montanez, Chapter 205, Statutes of 2004) authorized a nurse practitioner to furnish drugs or devices under standardized procedures or protocols when the drugs and devices furnished or ordered are consistent with the practitioner's educational preparation or for which clinical competency has been established and maintained. SB 111 (Alpert, Chapter 358, Statutes of 2001) amended the Medical Practice Act to authorize a medical assistant to perform specified services in community and free clinics under the supervision of a physician assistant, nurse practitioner or nurse-midwife. The bill authorized a physician and surgeon in these specified clinics to provide written instructions for medical assistants, regarding the performance of tasks or duties, while under the supervision of a physician assistant, nurse practitioner or nurse midwife when the supervising physician and surgeon was not on site. AB 1545 (Correa, Chapter 914, Statutes of 1999) specified that a nurse practitioner may not sign for delivery of a complimentary sample of a dangerous drug or dangerous device; may not direct a pharmacist to dispense a trade name or generic drug; use a dispensing device; or hand drugs or dangerous devices to patients in his or her office or place of practice. 9. Suggested Author's Amendments. a) In order to clarify the authority NPs have to delegate tasks to a medical assistant and specify that the tasks must be within the scope of practice of a medical assistant, the following amendment should be made: Amendment . On page 4, line 31, after the word "assistant" add the following: " pursuant to standardized procedures and protocols as developed between the nurse practitioner and medical assistant and as permitted within the medical assistant scope of practice. " SB 491 Page 19 b) In order to clarify the NPs scope of practice should guide any procedures they perform, the following amendment should be made: Amendment . On page 4, line 40, make the following changes: Strike out the following: "the nurse practitioner's training and education."Replace with: " the nurse practitioners scope of practice. " SUPPORT AND OPPOSITION: Support: California Association of Nurse Practitioners California Association of Nurse Anesthetists California Optometric Association Californians for Patient Care United Nurses Associations of California/ Union of Health Care Professionals American Association for Retired Persons Association of California Healthcare Districts Blue Shield of California California Pharmacists Association/ California Society for Health System Pharmacists National Association of Pediatric Nurse Practitioners Western University of Health Sciences 1 nurse practitioner 2 individuals Support if Amended: California Association of Physician Groups Oppose unless amended: California Academy of Family Physicians Osteopathic Physicians and Surgeons of California Opposition: California Academy of Eye Physicians & Surgeons California Medical Association SB 491 Page 20 California Right to Life Committee, Inc. California Society of Anesthesiologists Canvasback Missions Inc. Lighthouse for Christ Mission Eye Center Union of American Physicians and Dentists Hundreds of individuals Consultant: Le Ondra Clark, Ph.D.