BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 337|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                    THIRD READING


          Bill No:  SB 337
          Author:   Pavley (D)
          Amended:  4/13/15  
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 4/20/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Physician assistants


          SOURCE:    California Academy of Physician Assistants


          DIGEST:  This bill establishes alternative means for a  
          supervising physician to ensure adequate supervision of a  
          physician assistant for routine care and the administration,  
          provision, or issuance of a Schedule II drug.  


          ANALYSIS:   


          Existing law:

            1)  Declares that the Physician Assistant Practice Act (Act)  
              is established to encourage the utilization of physician  
              assistants (PAs) by physicians, and by physicians and  
              podiatrists practicing in the same medical group, and to  
              provide that existing legal constraints should not be an  








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              unnecessary hindrance to the more effective provision of  
              health care services.  It is also the purpose of the Act to  
              allow for innovative development of programs for the  
              education, training, and utilization of PAs.  (Business and  
              Professions Code (BPC) § 3500)

            2)  Establishes the Physician Assistant Board (Board) within  
              the jurisdiction of the Medical Board of California (MBC) to  
              administer and enforce the Act.  
            (BPC § 3504)

            3)  Requires a supervising physician to be available in person  
              or by electronic communication at all times when the PA is  
              caring for patients.  
            (Title 16, California Code of Regulations (CCR) § 1399.545  
              (a))

            4)  Requires a supervising physician to delegate to a PA only  
              those tasks and procedures consistent with the supervising  
              physician's specialty or usual and customary practice and  
              with the patient's health and condition, and requires the  
              supervising physician to observe or review evidence of the  
              PA's performance of all tasks and procedures to be delegated  
              to the PA until assured of competency.  (16 CCR § 1399.545  
              (b)(c))

            5)  Requires the PA and supervising physician to establish in  
              writing transport and back-up procedures for the immediate  
              care of patients who are in need of emergency care beyond  
              the PA's scope of practice for such times when a supervising  
              physician is not on the premises.  (16 CCR § 1399.545 (d))

            6)  Requires a supervising physician to review, countersign,  
              and date a sample consisting of, at a minimum, five percent  
              of the medical records of patients treated by the PA within  
              30 days of the date of treatment.  Requires the supervising  
              physician to select for review those cases that by  
              diagnosis, problem, treatment, or procedure represent the  
              most significant risk to the patient.  (BPC § 3502 (c)(2))

            7)  Authorizes the MBC or the Board to establish other  
              alternative mechanisms for the adequate supervision of the  
              PA.  (BPC § 3502 (c)(3))  








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            8)  Requires a supervising physician who delegates the  
              authority to issue a drug order to a PA to prepare and adopt  
              a formulary and protocols that specify all criteria for the  
              use of a particular drug of device, and any  
              contraindications for the selection.  Protocols for Schedule  
              II controlled substances shall address the diagnosis of  
              illness, injury, or condition for which the Schedule II  
              controlled substance is being administered, provided, or  
              issued.  (BPC § 3502.1(a)(2))

            9)  Requires a supervising physician to review and countersign  
              within seven days the record of any patient cared for by a  
              PA for whom the PA's Schedule II drug order has been issued  
              or carried out.  (BPC § 3502.1 (e))

            10) Allows a PA to administer Schedule II - Schedule V drug  
              orders without advance approval from a supervising physician  
              if the PA has completed an education course that covers  
              controlled substances and that meets standards, including  
              pharmacological content, approved by the Board.  The  
              education course shall be provided either by an accredited  
              continuing education provider or by an approved PA training  
              program.  If the PA will administer, provide, or issue a  
              drug order for Schedule II controlled substances, the course  
              shall contain a minimum of three hours exclusively on  
              Schedule II controlled substances.  (BPC § 3502.1 (c)(2)) 

            11) Requires PAs who are authorized by their supervising  
              physician to issue drug orders for controlled substances to  
              register with the United States Drug Enforcement  
              Administration (DEA).  (BPC § 3502.1 (f)) 

          This bill:

            1)  Defines "medical records review meeting" as a meeting  
              between the supervising physician and the PA during which a  
              sample of medical records is reviewed to ensure adequate  
              supervision of the PA functioning under protocols.  The  
              number of medical records and the specific issues to be  
              reviewed shall be established in the delegation of services  
              agreement.

            2)  Requires the medical record to identify the physician who  
              is responsible for the supervision of the PA for each  







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              episode of care for a patient.  When a PA transmits an oral  
              order, he or she shall also identify the name of the  
              supervising physician responsible for the patient. 

            3)  Provides two additional mechanisms for the supervising  
              physician to choose from to ensure adequate PA supervision:

              a)    The supervising physician and PA shall conduct and  
                document a medical records review meeting at least 10  
                times annually which may occur in person or by electronic  
                communication.  

              b)    The supervising physician shall supervise the care  
                provided by the PA through a review of those cases or  
                patients deemed appropriate by the supervising physician.   
                The review methods used shall be identified in the  
                delegation of services agreement, and may occur in person  
                or by electronic communication.

            1)  Deems that compliance by a PA and supervising physician  
              with this bill shall also deem compliance with specified  
              regulations.

            2)  Creates the following additional mechanism for a  
              supervising physician to ensure adequate supervision of the  
              administration, provision, or issuance by a PA of a Schedule  
              II drug order.  If the PA has documentation evidencing the  
              successful completion of an education course that meets  
              specified standards, the supervising physician shall review,  
              countersign, and date, within seven days, a sample  
              consisting of the medical records of at least 20 percent of  
              the patients cared for by the PA for whom the PA's Schedule  
              II drug order has been issued or carried out.

          Background


          According to the author, "This bill is ? needed to address an  
          issue related to co-signatures on Schedule II medications.  In  
          August of 2014, the DEA published a final rule, effective  
          October 6, 2014, following recommendations from the U.S. Food  
          and Drug Administration to up-schedule or reclassify hydrocodone  
          combination products (HCP) from a Schedule III controlled  
          substance to a Schedule II.  The rescheduling of HCPs has had a  







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          significant impact, and unintended consequence, on some  
          practices throughout California as existing law requires a 100%  
          physician co-signature requirement on these medications within 
          7 days.  This can be particularly challenging for practices that  
          employ PAs to practice medicine in areas such as pain  
          management, orthopedics, general surgery and several other  
          practice types.  The new ruling restricts the ability of a  
          practice to fully utilize the PAs they employ as there is no  
          other profession with prescribing privileges that has that level  
          of mandate for documentation.  Further, a co-signature mandate  
          of 100% is overly burdensome for physicians in various practice  
          types."

          A PA performs many of the same diagnostic, preventative and  
          health maintenance services as a physician, but PAs are limited  
          in practice to those duties delegated by a supervising  
          physician.  

          A PA must attend a specialized medical training program  
          associated with a medical school that includes classroom studies  
          and clinical experience.  An academic degree and/or certificate  
          is awarded upon graduation.  Many PAs already have two- or  
          four-year academic degrees before entering a PA training  
          program, and most PA training programs require prior health care  
          experience.  As of June 2013, there were 9,101 active California  
          PA licensees. 

          Existing law requires a supervising physician to authorize  
          specific practice authority to a PA through a delegation of  
          service agreement and protocols, and current law mandates that  
          the supervising physician be physically or electronically  
          available to his or her PA at the time of treatment.  In  
          addition, a supervising physician must review, countersign, and  
          date a sample of at least five percent of a PA's cases within 30  
          days of treatment. 

          The author argues that the five percent review requirement is  
          outdated and unnecessary, given the close working relationship  
          between PAs and physicians and their detailed practice  
          agreements.  This bill provides two additional mechanisms for  
          the supervising physician to choose from to ensure adequate PA  
          supervision:

          1)The supervising physician and PA shall conduct and document a  







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            medical records review meeting at least 10 times annually,  
            which may occur in person or by electronic communication; or,   


          2)The supervising physician shall supervise the care provided by  
            the PA through a review of those cases or patients deemed  
            appropriate by the supervising physician.  The review methods  
            used shall be identified in the delegation of services  
            agreement, and may occur in person or by electronic  
            communication.

          This bill also establishes an additional method to supervise a  
          PA's furnishing of Schedule II drugs.  Current law requires a  
          supervising physician to review and countersign a medical record  
          within seven days of each PA's issuance of a Schedule II drug  
          order.  According to the author, this practice is also unduly  
          burdensome and proposes that, if a PA has documentation  
          evidencing the successful completion of an education course that  
          meets specified Board standards, the supervising physician may  
          instead review, countersign, and date, within seven days, a  
          sample of at least 20 percent of the medical records for  
          patients cared for by the PA for whom the PA's Schedule II drug  
          order has been issued.

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


          SUPPORT:   (Verified5/13/15)


          California Academy of Physician Assistants (source)
          CAPG
          Planned Parenthood Affiliates of California 
          Numerous individuals


          OPPOSITION:   (Verified5/13/15)


          California Pharmacists Association

          ARGUMENTS IN SUPPORT:  The source of this bill, the California  
          Academy of Physician Assistants, write, "With the implementation  







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          of the Patient Protection and Affordable Care Act, Covered  
          California reported enrolling 3.4 million (1.4 through Covered  
          CA plans and 1.9 in Medi-Cal) previously uninsured people in the  
          first open enrollment year (2014).  This bill recognizes the  
          need to increase access to high quality, cost-effective and  
          efficient team-based practice across all medical settings in  
          order to meet the rising demand for health care services  
          throughout the state. 

          "The physician/PA team is unique as PAs are licensed health  
          professionals who practice medicine as members of a  
          physician-led team, delivering a broad range of medical and  
          surgical services at the direction of and under the supervision  
          of his or her supervising physician.  The supervising physician  
          delegates to a PA specified medical tasks and procedures,  
          consistent with his or her scope of practice, based on  
          education, training and experience.  

          "Established over 30 years ago, existing law stipulates  
          supervision criteria between a supervising physician and surgeon  
          and the Physician Assistant (PA).  It narrowly defines  
          documentation of this required supervision in the form of the  
          supervising physician co-signature on the medical record.  SB  
          337 increases the options for documenting supervision between a  
          supervising physician and PA would allow for flexibility at the  
          practice level to reflect current models of team-based care." 

          ARGUMENTS IN OPPOSITION:  The California Pharmacists Association  
          writes, "It has been stated that a major driver for the changes  
          proposed by this bill is the DEA's reclassification of  
          hydrocodone combination products (HCPs) from Schedule III of the  
          federal Controlled Substances Act to Schedule II.  We  
          acknowledge that this action by the DEA has increased workload  
          for physicians who supervise PAs.  Indeed, the reclassification  
          has significantly increased workload for pharmacists as well?.  
          However, heightened scrutiny of the prescribing and dispensing  
          of HCPs was the exact intent of the DEA when it reclassified  
          them?.  The DEA is attempting to curb overprescribing of HCPs to  
          reduce abuse and ensure more judicious use of these drugs.  This  
          bill would counter the efforts of the DEA by reducing  
          supervision of PAs relative to their prescribing of HCPs and all  
          other Schedule II drugs."  

          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104







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          5/22/15 13:54:33


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