BILL ANALYSIS Ó SB 1083 Page 1 SENATE THIRD READING SB 1083 (Pavley) As Amended August 18, 2014 Majority vote SENATE VOTE :36-0 BUSINESS & PROFESSIONS 14-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Bonilla, Jones, |Ayes:|Gatto, Bigelow, | | |Bocanegra, Campos, | |Bocanegra, Bradford, Ian | | |Dickinson, Eggman, | |Calderon, Campos, | | |Gordon, Hagman, Holden, | |Donnelly, Eggman, Gomez, | | |Maienschein, Mullin, | |Holden, Jones, Linder, | | |Skinner, Ting, Wilk | |Pan, Quirk, | | | | |Ridley-Thomas, Wagner, | | | | |Weber | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes a physician assistant (PA) to certify disability for purposes of disability insurance (DI). Specifically, this bill : 1) Permits a PA to certify disability after performing a physical examination under the supervision of a physician. 2) Expands the definition of a practitioner in the Unemployment Insurance Code (UIC) to include a physician assistant who has performed a physical examination under the supervision of a physician and surgeon. 3) Requires the Employment Development Department (EDD) to implement the provisions permitting a PA to certify disability, as specified, by January 1, 2017. 4) Requires funds appropriated to cover costs of this bill to come from the Unemployment Compensation Disability Fund. FISCAL EFFECT : According to the Assembly Appropriations Committee: SB 1083 Page 2 1)One-time contract costs to EDD of approximately $4 million to modify and test existing Information Technology (IT) systems (Unemployment Compensation Disability Fund). Ongoing costs are likely minor. EDD indicates in order to comply with this bill, it would need to reprogram several systems, and that programming also requires testing to ensure all interfaces work properly. 2)Minor costs, likely under $100,000 annually, to Department of Consumer Affairs to update an existing interface with EDD to share PA licensure data (Physician Assistant Fund). COMMENTS : 1)Purpose of this bill. This bill authorizes a PA to certify disability for purposes of obtaining DI. This bill is sponsored by the California Academy of Physician Assistants. 2)Author's statement. According to the author's office, "California law does not authorize physician assistants to certify claims for DI with the Employment Development Department. The restrictions related to EDD forms are inconsistent with the scope-of-practice of a physician assistant, which allows them to act as an agent of their supervising physician in performing medical examinations as well as most other medical services. The law pertaining to DI is also inconsistent with a physician assistants' ability to certify other claims of temporary disability, such as Paid Family Leave under the Family Medical Leave Act and the California Family Rights Act, but not claims for Disability Insurance." 3)Physician assistants. A PA is a licensed and skilled health care professional who is trained to obtain medical histories, conduct physical examinations, diagnose and treat illnesses, prescribe medication, order and interpret lab tests, perform procedures, assist in surgery, provide patient education and counseling, and make rounds in hospitals and nursing homes. The Physician Assistant Board (PAB) in California licenses and regulates the approximately 9,000 PAs in California. PAB consists of nine members; one physician member from the Medical Board of California; four licensed physician SB 1083 Page 3 assistants and four public members. PAB is supported entirely by fees imposed upon the professional community it regulates and received no reimbursement from taxpayers or from the General Fund. A PA must attend a PAB-approved training program associated with a medical school that includes classroom studies and clinical experience. The average length of a PA education program is 26 months (three academic years). A PA must also take and pass the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants. PAs are currently authorized to sign for the issuance of disabled person placards, certify licensees to drive standard commercial vehicles, school buses, general public transportation vehicles, and farm labor vehicles. PAs are also authorized to conduct physical examinations and sign corresponding forms or certificates for those seeking employment in school districts or with the county superintendent of schools. Finally, PAs may sign for claims of temporary disability for Paid Family Leave and workers' compensation insurance. By expanding PA's signing authority to include certification for DI, this bill would more fully align DI requirements with PA's scope of practice. 4)SDI programs. DI provides partial wage replacement to eligible workers who are unable to work because of a disability, which includes a non-industrial injury, illness, or pregnancy related condition. According to the California Unemployment Insurance Code, disability is defined as any mental or physical illness or injury which prevents you from performing your regular or customary work, as specified. Currently, a physician, dentist, podiatrist, or a nurse practitioner (after a physical examination and in collaboration with a physician and surgeon), or as to normal pregnancy or childbirth, a midwife, nurse midwife, or nurse practitioner, may certify for DI. This bill will add a PA to that list. Analysis Prepared by : Sarah Huchel / B., P. & C.P. / (916) SB 1083 Page 4 319-3301 FN: 0004990