BILL ANALYSIS Ó SB 525 Page 1 Date of Hearing: June 23, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair SB 525(Nielsen) - As Amended June 16, 2015 SENATE VOTE: 34-0 SUBJECT: Respiratory care practice. SUMMARY: Clarifies the scope of practice for respiratory care practitioners (RCPs) to include current practices by updating the legislative intent provisions and updating the definition of respiratory care practice. EXISTING LAW: 1)States it is the intent of the Legislature to, among other things: (BPC § 3701) a) Provide clear legal authority for functions and procedures which have common acceptance and usage among RCPs; b) Recognize the existence of overlapping functions between RCPs and other licensed health care personnel; and, c) To permit additional sharing of functions within organized health care systems. SB 525 Page 2 2)States that the Respiratory Care Practice Act (Act) may not be construed as authorizing a RCP to practice medicine, surgery, or any other form of healing, except as specified. (BCP § 3705) 3)Defines the practice of respiratory care as a health care profession performed under the supervision of a medical director in the therapy, management, rehabilitation, diagnostic evaluation, and care of patients with deficiencies and abnormalities that affect the pulmonary system and associated aspects of cardiopulmonary and other systems functions. (BPC § 3702) 4)Establishes the Respiratory Care Board of California (RCB) to administer and enforce the Act. (BPC § 3710) THIS BILL: 1)States it is the intent of the Legislature that "overlapping functions" includes, but is not limited to, providing therapy, management, rehabilitation, diagnostic evaluation, and care for nonrespiratory-related diagnoses or conditions, provided that a health care facility has authorized the RCP to provide the services and the RCP has maintained current competencies in the services provided. 2)Defines "associated aspects of cardiopulmonary and other systems functions" to include patients with deficiencies and abnormalities affecting the heart and cardiovascular system. 3)Expands the definition of respiratory care practice to include: SB 525 Page 3 a) Administration of medical gases and pharmacological agents for the purpose of inducing conscious or deep sedation under physician and surgeon supervision and the direct orders of the physician and surgeon performing the procedure; b) All forms of extracorporeal life support, including extracorporeal membrane oxygenation (ECMO) and extracorporeal carbon dioxide removal (ECCO2R); c) The treatment, management, diagnostic testing, control, education, and care of patients with sleep and wake disorders, as specified; and, d) Educating students, health care professionals, or consumers about respiratory care, including: i) Education of respiratory core courses or clinical instruction provided as part of a respiratory educational program; and, ii)Educating health care professionals or consumers about the operation or application of respiratory care equipment and appliances. 4)Makes other conforming, nonsubstantive changes. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: Purpose. This bill is co-sponsored by the RCB and the Society for Respiratory Care . According to the author, "This bill clarifies areas of the respiratory scope of practice that were not initially drafted to accommodate advancements in technology and changes in patient care for future interpretation. Those areas include: conscious/deep sedation, extracorporeal life support; cardiovascular system, respiratory care education, sleep/wake disorders and overlapping functions. SB 525 Page 4 Advancements in the medical field, terminology, and the delivery of care have rapidly evolved since the [Act] was enacted 33 years ago in 1982. Since then, the [RCB] has not made any legislative or regulatory amendments affecting its scope of practice with the exception of one in 2004. The [RCB] is contacted frequently with various 'scope of practice' questions. And while the [RCB] has opined or even moved forward with expert opinions on many of these inquiries, confusion exists among facilities throughout California of which practices are authorized to be performed by licensed [RCPs]." Background. As noted above, the RCB often receives scope of practice questions because the scope of practice for RCP's has only been updated once in 33 years. While the intent behind the Act is to recognize the existence of overlapping functions between RCPs and other healing arts professions, the authorized functions are not outlined-they must be gleaned from the existing categories of authorized practices and checked against the restrictions in the other professions. This bill seeks to codify existing authorized practices. The RCB regularly authorizes the practices included in this bill with legislative authors' letters of intent, a 1990 Legislative Counsel opinion, and other expert opinions. Practices to be Codified. According to the author, this bill will allow a RCP to: 1)Perform non-respiratory care tasks shared with physicians, registered nurses, physical therapists, and other licensed healthcare personnel as "overlapping functions," if a health care facility authorizes a RCP with current competencies. The author states that the legislative intent section will allow SB 525 Page 5 a RCP who is treating a respiratory care patient to also provide other services if the RCP is competent and authorized by the health facility. For example, this would allow a RCP who is providing respiratory care to a diabetic cardiac patient to check the patient's sugar levels. 2)Administer pharmacological agents and medical gases to induce conscious or deep sedation according to direct orders and under physician supervision, but not general anesthesia. According to the author, RCPs have been performing conscious and deep sedation for decades. This procedure is performed for pulmonary doctors during a bronchoscopy, a procedure to view the airways and treat or diagnose lung disease. 3)Perform extracorporeal (external) life support, including extracorporeal membrane oxygenation (ECMO) and extracorporeal CO2 removal (ECCO2R). ECMO is a type of partial cardiopulmonary bypass-it uses a pump to circulate blood through an artificial lung back into the bloodstream. The treatment is used to support the lungs, heart, or both for patients in intensive care with reversible life threatening respiratory or cardiac disease. One form of ECMO, ECCO2R, uses an ECMO circuit to remove carbon dioxide from the body, which provides partial respiratory support. A 1990 Legislative Counsel opinion stated that ECMO is within a RCP's scope of practice. 4)Educate students, health care professionals, and consumers about respiratory care. Educators of respiratory educational courses and respiratory equipment must be licensed, but the author's office believes the statute needs clarification. SB 525 Page 6 5)Provide specified care to patients with abnormalities affecting the cardiopulmonary and cardiovascular system. The cardiopulmonary and cardiovascular systems are intertwined and share the common goal to deliver oxygen to tissues and remove carbon dioxide. According to the author, RCPs possess an in-depth knowledge and understanding of these systems and work in both cardiovascular and pulmonary laboratories-which in some instances are the same. 6)Treat, manage, provide diagnostic testing, control, education, and care for patients with sleep and wake disorders. Polysomnography, is a multi-parametric test used for sleep medicine and sleep studies. In an effort to protect sleeping patients and test subjects, SB 132 (Denham), Chapter 635, Statutes of 2009, created a certification requirement for polysomnographic technologists under the Medical Board of California. As a result, polysomnography is often administered by polysomnographic technicians. While SB 132 was not meant to prohibit RCPs from practicing polysomnography, the statute is ambiguous. A letter of intent from the SB 132's author was printed in the Senate Journal on September 11, 2009 to clarify that some tasks related to polysomnography should be considered "overlapping functions," and well within a RCP's scope. This bill clarifies a RCPs scope. ARGUMENTS IN SUPPORT: The RCB (co-sponsor) writes in support, "Advancements in the medical field and the delivery of care have rapidly evolved since the [Act] was enacted 33 years ago in 1982. The [RCB] is contacted frequently with various 'scope of practice' questions. And while the [RCB] has opined or even moved forward with expert opinions on many of these inquiries, confusion exists SB 525 Page 7 among facilities throughout California of which practices are authorized to be performed by licensed respiratory care practitioners. Lack of clarity in the RCP scope of practice can often be a roadblock for facilities as they attempt to provide the most efficient and beneficial care to patients." The California Society for Respiratory Care (co-sponsor) writes in support, "Since its inception thirty three years ago, the Respiratory Care Act has been updated just once in 2004. SB 525 updates the act to include current competencies and practices?. Making these changes to the statute will address a variety of questions the RCB receives from healthcare facilities, consumers and RCPs about the practice of respiratory care." ARGUMENTS IN OPPOSITION: None on file. REGISTERED SUPPORT: Respiratory Care Board of California (co-sponsor) California Society for Respiratory Care (co-sponsor) REGISTERED OPPOSITION: None on file. Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301 SB 525 Page 8