BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1542


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          Date of Hearing:  July 8, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1542 (Mathis) - As Introduced April 23, 2015


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          Urgency:  Yes State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes neuropsychologists to continue to perform  
          the services of a qualified medical examiner (QME) in the  
          workers' compensation system, and specifies minimum  
          qualifications a neuropsychologist must meet in order to be a  








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          QME.    


          It also allows physicians who completed a residency training  
          program under a predecessor organization to the Accreditation  
          Council for Graduate Medical Education (which currently  
          accredits residency training programs)  


          FISCAL EFFECT:


          Any costs to the Department of Industrial Relations (DIR) are  
          minor and absorbable as part of an ongoing regulatory effort  
          (Workers Compensation Administration Revolving Fund).


          COMMENTS:


          1)Purpose. This bill is intended to supersede pending  
            regulations in one narrow aspect related to QMEs, by  
            authorizing neuropsychologists who meet certain criteria to be  
            QMEs.    



          2)QME process.  QMEs are appointed to evaluate medical-legal  
            disputes (disputes over the extent to which an injured  
            employee's injuries or conditions are disabling or are  
            work-related), upon request of a party to a workers'  
            compensation claim.  The requesting party specifies the type  
            of expertise needed to resolve the dispute, and the Division  
            of Worker's Compensation (DWC) appoints a panel, from which a  
            single QME is selected.  



          3)Clinical neuropsychology is a specialty recognized by the  








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            American Psychological Association.  Neuropsychologists  
            assess, diagnose, and treat neurological disorders or  
            injuries, and have expertise in the applied science of brain  
            and behavior. A neuropsychologist may evaluate a patient or an  
            injured worker who has a known or suspected brain injury or  
            brain disease, and evaluate how their brain function impacts  
            day-to-day behavior and ability. If neuropsychology is the  
            required expertise, but only general psychologists are on the  
            QME lists, proponents suggest the system will incur added  
            expense and time for consultations with neuropsychologists.  



          4)Division of Workers' Compensation Regulations. DWC held a  
            public hearing on May 22 to make revisions on the QME  
            regulations.  DWC intends to promulgate regulations  
            establishing how medical specialties are recognized in the QME  
            process.  According to DIR, the Division's intent is to  
            establish a standard that specialties must be recognized by an  
            appropriate regulatory board.  



          5)Board of Psychology recognition of specialties. The Board does  
            not recognize specialties the way some other healing arts  
            boards do.  Instead, the Board enforces competency of practice  
            on a complaint basis using expert review to establish  
            competency. For example, if the complaint is against someone  
            performing neuropsychology then the Board would refer the  
            matter to an expert in neuropsychology to see if the subject  
            deviated from the standard of care or provided care outside of  
            his/her expertise.  
          
          6)Urgency.  The author explains an urgency clause is necessary  
            to prevent new regulations to go into effect.  According to  
            the author and DWC, these regulations exclude  
            neuropsychologists from being QMEs because they are not  
            recognized as a specialty by the Board of Psychology.  









                                                                    AB 1542


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          Analysis Prepared by:Lisa Murawski / APPR. / (916)  
          319-2081