BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2745| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2745 Author: Holden (D) Amended: 4/25/16 in Assembly Vote: 21 SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 8-0, 6/13/16 AYES: Hill, Bates, Block, Gaines, Galgiani, Jackson, Mendoza, Wieckowski NO VOTE RECORDED: Hernandez SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 78-0, 5/12/16 (Consent) - See last page for vote SUBJECT: Healing arts: licensing and certification SOURCE: Medical Board of California DIGEST: This bill makes various changes to the Medical Practice Act (Act). ANALYSIS: Existing law provides for the licensure and regulation of physicians and surgeons by the Medical Board of California (MBC) pursuant to the Act. (Business and Professions Code (BPC) § 2000 et. seq.) This bill: AB 2745 Page 2 1)Makes various changes to the Act intended to make clarifying changes to the Act in order to assist MBC in its licensing and enforcement functions. Specifically, MBC is responsible for licensing and regulating allied health licensees, which include Licensed Midwives, Polysomnographic Technologists, Technicians and Trainees, and Research Psychoanalysts, however there are some provisions that apply to physicians and surgeons in the Act that MBC also applies to allied health licensees and as such. 2)Clarifies MBC's authority to: revoke or deny a license for registered sex offenders; take disciplinary action for excessive use of drugs or alcohol; allow allied health licensees to petition for license reinstatement; and allow MBC to use probation as a disciplinary option for allied health licensees, including procuring payment for the costs of probation monitoring. Background Limited License (LL). MBC offers a LL to applicants or disabled status licensees if they are otherwise eligible for licensure, but unable to practice all aspects of medicine safely due to a disability. Currently, only new licensees or disabled status licensees can apply for this LL. To allow all licensees the ability to apply for a LL at any time, this bill provides the changes to law necessary so that the LL is an option for all licensees. This bill also makes necessary changes to allow physicians with a disabled status license to change to a LL. Post graduate training authorization. Provisions in the Act specify reasons MBC is authorized to deny a physician's and surgeon's application for licensure. Amendments to the Act contained in this bill clarify that MBC can deny a post graduate training authorization letter for the same reasons it can deny a physician's and surgeon's license application. Obtaining records for a deceased patient. For investigations involving the death of a patient, MBC is authorized to inspect AB 2745 Page 3 and copy the medical records of the deceased patient without the approval of the next of kin of the deceased patient or court order. MBC only uses this authority when determining whether the death stemmed from violation of the Act by a physician or surgeon. In these instances, MBC must provide a written request to the physician that owns the records, declaring that MBC has been unsuccessful in locating or contacting the patient's next of kin after reasonable efforts. According to MBC, in many cases, the patient's medical records do not reside with the physician but rather at the facility where the care of the deceased patient occurred. MBC notes that the language in this bill will ensure that investigations are not hindered by allowing MBC to send a written request to the facility where the care actually occurred or where the records are truly located. Allied health professions. MBC is responsible for licensing and regulating allied health licensees, which include Licensed Midwives, Polysomnographic Technologists, Technicians and Trainees, and Research Psychoanalysts. Amendments to the Act in this bill clarify MBC's enforcement authority for these professions. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: Yes SUPPORT: (Verified8/3/16) Medical Board of California (source) The American Federation of State, County and Municipal Employees OPPOSITION: (Verified8/3/16) None received AB 2745 Page 4 ARGUMENTS IN SUPPORT: The American Federation of State, County and Municipal Employees notes that the organization promotes clarity within the medical field and this bill will ensure MBC's authority to perform their duties is clear. MBC believes that this bill clarifies MBC's authority for allied health licensees MBC licenses. According to MBC, this bill will clean up existing law to ensure that MBC's authority to perform its regulatory oversight of licensees is clearly defined and aligned with the Act. ASSEMBLY FLOOR: 78-0, 5/12/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, 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, 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 NO VOTE RECORDED: Burke, Jones-Sawyer Prepared by:Sarah Mason / B., P. & E.D. / (916) 651-4104 8/3/16 18:11:09 **** END ****