BILL ANALYSIS Ó
AB 2193
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Rudy Salas, Chair
AB 2193
(Salas) - As Amended April 5, 2016
SUBJECT: California Board of Podiatric Medicine: Physician
Assistant Board: extension.
SUMMARY: Extends the operation of the Board of Podiatric
Medicine (BPM), the operation of the Physician Assistant Board
(PAB), and the PAB's authority to appoint an executive officer
until January 1, 2021.
EXISTING LAW:
1)Establishes the BPM within the jurisdiction of the Medical
Board of California (MBC) until January 1, 2017. Provides
that the repeal of the enacting statute renders the BPM
subject to review by the appropriate policy committees of the
Legislature. (Business and Professions Code (BPC) § 2460)
2)Establishes the PAB within the jurisdiction of the MBC until
January 1, 2017. Provides that the repeal of the enacting
statute renders the PAB subject to review by the appropriate
policy committees of the Legislature. (BPC § 3504)
3)Requires, until January 1, 2017, and except as provided in BPC
§§ 159.5 and 2020, the PAB to employ within the limits of the
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Physician Assistant Fund all personnel necessary to carry out
the provisions of the Physician Assistant Practice Act,
including an executive officer who shall be exempt from civil
service. Requires the MBC and PAB to make all necessary
expenditures to carry out the provisions of the Physician
Assistant Practice Act from the Physician Assistant Fund.
(BPC § 3512)
THIS BILL:
1)Extends the sunset dates for the BPM and the PAB until January
1, 2021.
2)Extends the PAB's authority to appoint an executive officer
until January 1, 2021.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
Purpose. Unless legislation is carried this year to extend the
sunset dates for the BPM and the PAB, they will be repealed on
January 1, 2017. The legislative changes reflected in this bill
are solutions to issues raised in the Assembly Committee on
Business and Professions' staff Background Paper and during the
sunset review hearing held on March 9, 2016. In addition, this
bill will extend the BPM and PAB's authority to appoint an
executive officer.
Background. In March of 2016, the Senate Business and
Professions Committee and the Assembly Business and Professions
Committee (Committees) conducted several joint oversight
hearings to review 11 regulatory entities, including the BPM and
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the PAB. This bill and the accompanying sunset bills are
intended to implement legislative changes as recommended by the
committee staff Background Papers prepared for each entity
reviewed.
Continued Regulation of Physician Assistants by the PAB. The
PAB is one of the several licensing entities under the DCA. The
PAB licenses and regulates physician assistants (PAs). PAs
provide health care services under the supervision of a
physician and surgeon. PA functions include performing
diagnostic, therapeutic, preventive, and health maintenance
services. Currently, the PAB has over 10,000 licensed PAs. The
PAB was last reviewed by the Committees in 2012.
Since its last review, the PAB has shown a commitment to improve
its overall efficiency and effectiveness, and has worked
cooperatively with the Legislature and the Committees to bring
about necessary changes. Therefore, this bill extends the
sunset date of the PAB for four years so that the Legislature
may once again review whether the issues and recommendations the
Background Paper addressed.
Continued Regulation of Doctors of Podiatric Medicine by the
BPM. The BPM is also one of several licensing entities under
the DCA. The BPM licenses and regulates doctors of podiatric
medicine (DPMs). In the Medical Practice Act, a license to
practice podiatric medicine is called a "certificate," but it is
indistinguishable from other professional licenses. It is a
misdemeanor to practice podiatric medicine or use the title DPM,
podiatrist, or similar designation without a license.
The Practice Act defines "podiatric medicine" as all medical
treatment of the foot, ankle, and tendons that insert into the
foot, including diagnosis, surgery, and the nonsurgical
treatment of the muscles and tendons of the leg governing the
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functions of the foot. Therefore, a DPM's scope of practice is
similar to that of a physician and surgeon who specializes in
the foot and ankle. However, unlike a physician and surgeon,
whose scope is only limited by the licensee's own area of
competence, a DPM's scope is limited by the license to the foot
and ankle.
The BPM licenses approximately 2,000 DPMs. On average, it
issues 106 licenses each year and renews on average 1,106
licenses each year.
Since its last review, the BPM has also shown a commitment to
its mission and a willingness to work with the Legislature to
improve consumer protection. Therefore, this bill extends the
BPM sunset date to January 1, 2021 so that the Legislature may
once again review whether the issues and recommendations the
Background Paper addressed.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301
AB 2193
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