BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1542|
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                                   THIRD READING 


          Bill No:  AB 1542
          Author:   Mathis (R) and Cooley (D)
          AmendedIntroduced:4/23/15  
          Vote:     27 - Urgency

           SENATE LABOR & IND. REL. COMMITTEE:  4-0, 8/24/15
           AYES:  Mendoza, Jackson, Leno, Mitchell
           NO VOTE RECORDED:  Stone

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  79-0, 7/16/15 (Consent) - See last page for  
            vote

           SUBJECT:   Workers'compensation: neuropsychologists


          SOURCE:    California Society of Industrial Medicine and  
          Rehabilitation

          DIGEST:  This bill permits the Division of Worker's Compensation  
          to appoint qualified clinical neuropsychologists as Qualified  
          Medical Examiners (QMEs).

          ANALYSIS: 
          
          Existing law:

          1)Establishes a workers' compensation system that provides  
            benefits to an employee who suffers from an injury or illness  
            that arises out of and in the course of employment,  
            irrespective of fault.  This system requires all employers to  
            secure payment of benefits by either securing the consent of  








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            the Department of Industrial Relations to self-insure or by  
            securing insurance against liability from an insurance company  
            duly authorized by the state.

          2)Requires that the administrative director (AD) appoints  
            qualified medical evaluators (QMEs) in each of the respective  
            specialties as required for the evaluation of medical-legal  
            issues. In order to be appointed as a QME, the applicant must  
            pass a written examination and meet additional requirements  
            specific to each specialty. 

             a)   For medical doctors or doctors of osteopathy, the  
               applicant must:

               i)     Be board certified in a specialty by a board  
                 recognized by the AD and either the Medical Board of  
                 California or the Osteopathic Medical Board of  
                 California; or
               ii)    Have successfully completed a residency training  
                 program accredited by the Accreditation Council for  
                 Graduate Medical Education (ACGME) or the osteopathic  
                 equivalent.

             b)   For psychologists, the applicant must:

               i)     Be board certified in clinical psychology by a board  
                 recognized by the AD; or
               ii)    Hold a doctoral degree in psychology, or a doctoral  
                 degree deemed equivalent for licensure by the Board of  
                 Psychology from a university or professional school  
                 recognized by the AD and has not less than five years'  
                 postdoctoral experience in the diagnosis and treatment of  
                 emotional and mental disorders; or
               iii)   Has not less than five years' postdoctoral  
                 experience in the diagnosis and treatment of emotional  
                 and mental disorders, and has served as an agreed medical  
                 evaluator on eight or more occasions prior to January 1,  
                 1990.  (Labor Code §139.2)

          This bill:

          1)Permits a medical doctor to be appointed as a QME if his or  
            her residency training program was certified by a predecessor  
            to the ACGME.







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          2)Permits the appointment of a clinical neuropsychologist as a  
            QME if:

             a)   The clinical neuropsychologist is certified by the  
               American Board of Clinical Neuropsychology, the American  
               Board of Professional Neuropsychology, or another  
               organization recognized by the AD, or was appointed as a  
               qualified medical evaluator in neuropsychology before  
               January 1, 2015; or  
             b)   The clinical neuropsychologist is licensed to practice  
               psychology in this state who has a doctoral degree in  
               psychology from an accredited university or college  
               training program, has completed an internship or its  
               equivalent in a clinically relevant area of professional  
               psychology, and has at least two years of experience and  
               specialized training, at least one year of which is at the  
               post-doctoral level in the study and practice of clinical  
               neuropsychology and related neurosciences under the  
               supervision of a clinical neuropsychologist. 

          3)Provides that the bill is an urgency measure, to take effect  
            immediately.

          Comments
          
          1)QMEs and Medical-Legal Disputes:  As was noted above,  
            Qualified Medical Examiners (QMEs) are medical examiners who  
            have taken an exam and met certain specific requirements that  
            are authorized to conduct an evaluation of medical-legal  
            issues. Medical-legal does NOT refer to if an injured worker  
            will or will not receive medical treatment. Rather,  
            medical-legal relates to the legal consequences of medical  
            conditions, frequently the extent to which an injured  
            employee's injuries or conditions are disabling, or whether  
            the injuries or conditions have become permanent and  
            stationary.

            When there is a medical-legal dispute, a party can request  
            appointment of a QME.  The requesting party specifies what  
            sort of expertise is needed to resolve the dispute, and the  
            DWC appoints a panel, from which a single QME is selected. If  
            both parties can agree to a single medical examiner, than the  
            agreed upon doctor, known as an Agreed Medical Evaluator  







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            (AME), is used instead of the QME panel to resolve the  
            Medical-legal issues.

            Until recently, Clinical Neuropsychologists were included as  
            being eligible for selection as QMEs. Generally, Clinical  
            Neuropsychologists were selected for their expertise in cases  
            involving head trauma. For reasons discussed below, that is no  
            longer the case. However, Clinical Neuropsychologists may  
            still be selected as AMEs.

          2)AB 1542 and Clinical Neuropsychologists as QMEs:  According to  
            the American Neuropsychiatric Association (ANPA), clinical  
            neuropsychology is distinct from traditional psychology due to  
            the focus on understanding brain function. The ANPA states: 

                 "A clinical neuropsychologist usually holds an  
                 advanced degree in clinical psychology (Ph.D.,  
                 Psy.D.), and has completed a clinical internship  
                 and specialized post-doctoral training in clinical  
                 neuropsychology. What distinguishes a clinical  
                 neuropsychologist from other clinical  
                 psychologists is knowledge of the brain, including  
                 an understanding of areas such as neuroanatomy and  
                 neurological disease?. They use neuropsychological  
                 tests to assess cognitive deficits, and they are  
                 involved in the management, treatment and  
                 rehabilitation of cognitively impaired patients."

            As noted above, the DWC may only certify a psychologist if the  
            psychologist is board certified by the Board of Psychology or  
            a board recognize by the DWC. Currently, Clinical  
            Neuropsychology is not a recognized specialty by the Board of  
            Psychology. Despite this, the DWC recognized Clinical  
            Neuropsychologists as QMEs until recent regulations removed  
            Clinical Neurologists from the list of potential QMEs. While  
            this decision brought the QME regulations in line with  
            statute, it was met with disappointment from some  
            stakeholders.

            AB 1542 returns the QME process to the prior status quo,  
            allowing clinical neuropsychologists to be appointed as QMEs. 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No







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          SUPPORT:   (Verified8/24/15)


          California Society of Industrial Medicine and Rehabilitation  
          (source)
          Brain Injury Coalition of California
          California Conference of Machinists
          California Neurology Society
          California Psychological Association
          California Society of Physical Medicine and Rehabilitation
          Californian Applicants' Attorney Association
          2 individuals


          OPPOSITION:   (Verified8/24/15)




          California Department of Industrial Relations




          ARGUMENTS IN SUPPORT:     Proponents note that, until recently,  
          clinical neuropsychologists were eligible for appointment as  
          QMEs. Proponents further note that clinical neuropsychologists  
          are trained in understanding neuro-diseases and neuro-anatomy,  
          differentiating neuropsychologists from traditional  
          psychologists. Proponents argue that neuropsychologists are  
          needed to evaluate a number of serious head and brain injuries  
          including penetrating brain injuries, anoxia/Hypoxia, Diffuse  
          Axonal Injury, and Coup-contrecoup injuries. Proponents also  
          argue that denying injured workers access to neuropsychologists  
          as QMEs will require traditional psychologists serving as QMEs  
          to contact clinical neuropsychologists in order to adequately  
          perform their duties as a QME, creating unnecessary delay and  
          cost for injured workers and employers.


          ARGUMENTS IN OPPOSITION:     The Department of Industrial  
          Relations (DIR) respectfully opposes AB 1542. Specifically, DIR  







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          notes that it is the Administrative Director's policy to  
          recognize only specialty boards that are recognized by one of  
          the state's professional licensing boards, such as the  
          California Board of Psychology, as licensing boards have the  
          requisite professional background and expertise to evaluate and  
          identify subspecialties as appropriate.  DIR notes that the  
          Administrative Director has proposed regulations on QMEs  
          enacting this policy so as to be consistent across all  
          disciplines.  DIR also notes concern because the California  
          Board of Psychology does not recognize neuropsychology as a  
          subspecialty in psychology.  As a result, DIR argues that AB  
          1542 would contravene the Division's proposal and would also  
          undermine DWC's current policy of applying uniform criteria for  
          QME specialty certification that meet professional standards  
          accepted by the wider lay and professional communities.    

          ASSEMBLY FLOOR:  79-0, 7/16/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Gordon

          Prepared by:Gideon L. Baum / L. & I.R. / (916) 651-1556
          8/31/15 22:14:42


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