BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING


          SB  
          337 (Pavley)


          As Amended  June 16, 2015


          Majority vote


          SENATE VOTE:  38-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Business &      |14-0 |Bonilla, Jones,       |                    |
          |Professions     |     |Baker, Bloom, Campos, |                    |
          |                |     |Chang, Dodd, Eggman,  |                    |
          |                |     |Gatto, Holden,        |                    |
          |                |     |Mullin, Ting, Wilk,   |                    |
          |                |     |Wood                  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-0 |Gomez, Bigelow,       |                    |
          |                |     |Bloom, Bonta,         |                    |
          |                |     |Calderon, Chang,      |                    |
          |                |     |Eggman, Gallagher,    |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |Jones, Quirk, Rendon, |                    |
          |                |     |Weber, Wood           |                    |








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          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Authorizes a physician supervising a physician  
          assistant (PA) to use two additional mechanisms for the general  
          supervision of a PA, authorizes a physician to use one  
          additional mechanism for the supervision of a PA that  
          administers a Schedule II controlled substance, and requires a  
          PA's patient medical records to identify the PA's supervising  
          physician.  Specifically, this bill:


          1)Revises the definition of "medical records review meeting" to  
            mean a meeting between the supervising physician and the PA  
            during which medical records are reviewed to ensure adequate  
            supervision of the PA functioning under protocols. 
          2)Authorizes the supervising physician and PA to hold medical  
            records review meetings in person or by electronic  
            communication. 


          3)Requires the medical record, for each episode of care for a  
            patient, to identify the physician who is responsible for the  
            supervision of the PA.


          4)Authorizes a physician to choose from two additional  
            mechanisms to supervise a PA, making a total of three  
            mechanisms:


             a)   Conduct a medical records review meeting at least once a  
               month during at least 10 months of the year-any month in  
               which a medical records review meeting occurs, the  
               supervising physician and PA must review an aggregate of at  
               least 10 medical records of patients treated by the PA.   
               Documentation of medical records reviewed during the month  








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               must be jointly signed and dated by the supervising  
               physician and the PA.
             b)   Develop review methods for the review of cases involving  
               treatment by the PA.  The review methods must be identified  
               in the delegation of services agreement and include at  
               least an aggregate of 10 cases per month for at least 10  
               months of the year.  Documentation of the cases reviewed  
               during the month must be jointly signed and dated by the  
               physician and PA. 


          5)States that, in complying with the supervision requirements 4)  
            above, the physician must select for review those cases that  
            by diagnosis, problem treatment, or procedure represent, in  
            the physician's judgment, the most significant risk to the  
            patient.  
          6)States that compliance with Business and Professions Code  
            (BPC) Section 3502 (numbers 3), 4), and 5) above) will be also  
            considered compliance with section 1399.546 of Title 16 of the  
            California Code of Regulations. 


          7)Authorizes a physician to use an additional mechanism for the  
            supervision of a PA that prescribes a Schedule II controlled  
            substance.  The physician may review, countersign, and date,  
            within seven days, a sample consisting of the medical records  
            of at least 20% of the patients with the PA's Schedule II  
            prescriptions if:  


             a)   The PA has: 
               i)     Completed a controlled substances education course  
                 that meets the standards established in the PAB's  
                 regulations and is provided either by an accredited  
                 continuing education provider or by an approved physician  
                 assistant training program; or,
               ii)The PA has a certificate of completion of the course  
                 described BPC Section 3502.1(c)(2); and,









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             b)   The supervision is verified and documented in the manner  
               established by the PAB's regulations.    
          8)Makes other minor technical and clarifying changes.  
          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill will result in minor and absorbable costs  
          to the Physician Assistant Board (PAB) within the Medical Board  
          of California to conform to the new supervision options. 


          COMMENTS:


          Purpose.  This bill is sponsored by the California Academy of  
          Physician Assistants.  According to the author, "[This bill]  
          increases options for the physician/PA team to document  
          supervision.  The options included in the bill will strengthen  
          the team-based approach by encouraging more active discussion  
          during the records review.


          "The Patient Protection and Affordable Care Act has resulted in  
          millions of additional people seeking health care services in  
          California.  This increase has created an even greater need for  
          high quality, efficient team-based care across all medical  
          settings. 


          "This is especially true for the practice of physician  
          assistants, who are authorized to provide physician exams,  
          diagnose and treat illness, and prescribe medication, under the  
          supervision of a physician.  [This bill] recognizes the growing  
          changes in medical practice settings and the use of electronic  
          medical records to update methods for documentation of the  
          supervision of PAs and encourages more interactive review of  
          patient cases."


          Background.  Existing law requires a PA's supervising physician  








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          to countersign a sample of at least five percent of the medical  
          records of patients treated by the PA within 30 days of the date  
          of treatment.  According to the author, the requirement does not  
          accommodate many care delivery models.  Therefore, this bill  
          seeks to add two additional mechanisms which provide a  
          supervising physician more options to adequately supervise a PA  
          depending on the care delivery model.


          Supervision of Controlled Substances.  Under existing law, a  
          physician must countersign the medical record of all the PA's  
          patients within seven days of prescribing the drug for Schedule  
          II controlled substances.  Because existing law allows a  
          physician to provide supervision electronically, the author  
          states that PA-lead clinics may be unable to provide Schedule II  
          drugs (such as hydrocodone combination product drugs like  
          Vicodin) if the physician must be physically available to  
          countersign the medical records within seven days for every  
          prescription.  Therefore, this bill seeks to provide an  
          additional supervision mechanism for Schedule II drugs.




          For a full discussion of this bill, please see the policy  
          committee analysis.


          Analysis Prepared by:                                             
                          Vincent Chee / B. & P. / (916) 319-3301  FN:  
          0001848
















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