BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2193|
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THIRD READING
Bill No: AB 2193
Author: Salas (D), et al.
Amended: 8/16/16 in Senate
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/27/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 5/31/16 - See last page for vote
SUBJECT: California Board of Podiatric Medicine: Physician
Assistant Board: extension
SOURCE: Author
DIGEST: This bill 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 from January 1, 2017 to January 1, 2021.
ANALYSIS:
Existing law:
1)Establishes the BPM within the jurisdiction of the Medical
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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
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 and clarifies that the Podiatric Medicine fund is
subject to appropriation by the Legislature.
2)Extends the PAB's authority to appoint an executive officer
until January 1, 202 and makes the Physician Assistant Board
Fund subject to appropriation by the Legislature.
Background
This bill is sponsored by the Author, and is one of five "sunset
bills" the Author is sponsoring this Session. According to the
Author, "because the boards are set to sunset in 2017, the date
needs to be extended to ensure the continued regulation of the
professions."
Board of Podiatric Medicine. BPM is a licensing board under the
Department of Consumer Affairs (DCA). BPM licenses and
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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 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. Historically,
the BPM was a committee within MBC. Currently, however, the BPM
functions as an independent board, similar to other licensing
boards under the DCA. Still, the Practice Act continues to
describe the BPM as "within the jurisdiction of" the MBC. As a
result, the BPM makes recommendations for DPM licensure to the
MBC, while the MBC officially issues the licenses, but defers
completely to the judgment of BPM. The BPM licenses
approximately 2,000 DPMs. On average, it issues 106 licenses
each year and renews on average 1,106 licenses each year. The
purpose of the BPM's licensing program is to protect the public
and consumers by ensuring minimum competency in practitioners.
Applicants for a DPM license must graduate from a college of
podiatric medicine that has been approved by the BPM, pass Part
I, II and III of the national exam and successfully complete two
years of postgraduate training.
Physician Assistant Board. PAB is also a licensing board under
DCA. 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.
Historically, the PAB was a committee within the MBC, however,
the current PAB is an independent board with regulatory
authority to enforce the Physician Assistant Practice Act. The
PAB still utilizes many of the MBC's services, including
enforcement, information technology, and fund management via a
contract with MBC.
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The PAB's mandates include:
Approval of the educational and training requirements of PAs
Licensing of PAs.
Promoting the health and safety of California health care
consumers by enhancing the competence of PAs.
Coordinating investigation and disciplinary processes
Providing information and education regarding the PAB or PA
professionals to California consumers.
Managing a diversion/monitoring program for PAs with
alcohol/substance abuse problems.
2015-16 Sunset Review. Beginning in 2015, the Senate Business
and Professions Committee and the Assembly Business and
Professions Committee (Committees) conducted joint oversight
hearings to review 12 regulatory entities. The Committees
conducted two hearings in March and joined with the Senate
Committee on Education and Assembly Committee on Higher
Education to review the Bureau for Private Postsecondary
Education. This bill and the accompanying sunset bills are
intended to implement legislative changes as recommended by
staff of the Committees and which are reflected in the
Background Papers prepared by Committee staff for each agency
and program reviewed this year.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Committee on Appropriations analysis
dated August 11, 2016, this bill will result in ongoing costs of
$1.5 million per year for the continuing operation of the BPM
and ongoing costs of $1.7 million per year for the continuing
operation of the PAB). All costs to operate both boards are paid
for with license fee revenues.
SUPPORT: (Verified8/16/16)
California Academy of Physician Assistants
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OPPOSITION: (Verified8/16/16)
None received
ASSEMBLY FLOOR: 80-0, 5/31/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, 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, Gordon, 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, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by:Sarah Mason / B., P. & E.D. / (916) 651-4104
8/16/16 17:38:48
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