BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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. 









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          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:










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             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.








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          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  








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            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. 










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          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  








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          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











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