BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |Hearing Date:April 29, 2013        |Bill No:SB                         |
        |                                   |491                                |
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                      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






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           c)   Completion of a RN 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  
           devices.  (BPC § 2836.1(g)(2))





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        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 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 that 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  
           of the implementation of the federal Patient Protection and  





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           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 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; or

           i)   Maintain medical malpractice insurance.

        6) Specifies that drugs or devices furnished, ordered or prescribed  





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           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.  

             Opponents of the ACA turned to the federal courts to challenge  





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             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  
             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  





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             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 nurses may  
                  perform and under what circumstances.

                3)        State any specific requirements which are to be  
                  followed by NPs in performing particular SPP functions.






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                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. 

                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 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) 





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              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 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  





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             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."  

             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,  





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             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  
             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  





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           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  
           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  





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           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." 

        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." 

           The  California Hospital Association  supports the bill if amended.   
           In their letter they write, "CHA applauds the author's bold  
           initiative to proactively address California's health care access  
           needs.  While CHA supports the conceptual premises outlined in the  
           SB 491 provisions, we would like to work with the author and offer  
           amendments?.to assure NP practice is firmly based within the  
           boundaries of their education, training and certification and that  
           quality and patient safety measures are firmly embedded in the  
           provisions." 

        5. Arguments in Opposition.  The  California Medical Association (CMA)   
           opposes the bill and raises several concerns in their letter.  They  





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           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  
           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  





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           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 opposes the  
           bill.  They are concerned that the bill "would be used as a vehicle  
           for nurses to perform abortions and administer abortifacient  
           drugs."

           The  California Psychiatric Association  opposes the bill.  In their  
           letter they write, "SB 491 does nothing to assure that in this  
           independent practice that there is any notification whatsoever to a  
           patient's physician of additions, deletions or other changes to  
           psychotropic medications that may have been prescribed by the  
           physician.  SB 491 also opens up the door to a nurse practitioner  
           diagnosing mental illnesses and then prescribing powerful  
           anti-psychotics or other psychotropic medications to new patients,  
           and/or patients without a personal physician." 

           The California Chapter of the  American College of Emergency  
           Physicians  also opposes the bill.  They have concerns that nurse  
           practitioners "do not have sufficient education and training to  
           examine and diagnose completely independent of physicians and such  
           a practice puts patients at risk." 

        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  





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           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."

        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  





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           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  
           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  





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           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.)

            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  





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             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.  " 
              
            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.  "

        10.  Policy Issue  :  Should the BRN and MBC collaborate to discuss NPs  
        proposed
           independent prescribing authority?  There has been recent attention  
           paid to the issue of deaths caused by prescription drug overdose  
           and the connection to physicians who over-prescribe these drugs to  
           patients.  A Los Angeles Times series titled Dying for Relief  
           highlighted the role of prescription drugs in overdose deaths.   
           Reporters conducted an analysis of coroners' reports for over 3000  
           deaths occurring in four counties in Southern California where  
           toxicology tests found a prescription drug in the deceased's  
           system.  The analysis found that in nearly half of the cases where  
           prescription drug toxicity was listed as the cause of death, there  
           was a direct connection to a prescribing physician.   Similarly, a  
           study conducted by the Centers for Disease Control (CDC) found that  
           in 2010, there were 38,329 deaths resulting from drug overdose,  
           37,004 deaths in 2009 and 16,849 deaths in 1999.  Additionally, the  
           CDC found that nearly 60 percent of the overdose deaths in 2010  
           involved pharmaceutical drugs.  The attention focused on this issue  
           has led to questions regarding the role that licensing boards and  
           other state entities should play when regulating health  
           professionals who have prescribing authority.  
           
           This bill would allow NPs to have independent prescribing  
           authority.  As such, and in the wake of the current scrutiny of  
           physicians and surgeons who are over-prescribing medications, it is  
           suggested that the BRN and the MBC collaborate to discuss the  
           implications of providing NPs with independent prescribing  
           privileges and the plan for the two boards to work together to  
           address this issue as it relates to regulating NPs' prescribing  
           authority. 





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        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
        57 individuals

         Support if Amended: 

         California Association of Physician Groups
        California Hospital Association

         Oppose unless amended:

         California Academy of Family Physicians
        Osteopathic Physicians and Surgeons of California
         
         Opposition:

         California Academy of Eye Physicians & Surgeons
        California Medical Association
        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
        California Psychiatric Association
        American College of Emergency Physicians- California Chapter
        Hundreds of individuals





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        Consultant: Le Ondra Clark, Ph.D.