BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 525|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 525
          Author:   Nielsen (R)
          Amended:  6/16/15  
          Vote:     21  

           SENATE BUS, PROF. & ECON. DEV. COMMITTEE:  9-0, 4/13/15
           AYES:  Hill, Bates, Berryhill, Block, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SENATE FLOOR:  34-0, 4/30/15 (Consent)
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Hall, Hancock,  
            Hertzberg, Hill, Huff, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mendoza, Mitchell, Monning, Moorlach, Nguyen,  
            Nielsen, Pan, Pavley, Roth, Stone, Wieckowski, Wolk
           NO VOTE RECORDED:  Hernandez, Hueso, Morrell, Runner, Vidak

           ASSEMBLY FLOOR:  79-0, 7/16/15 (Consent) - See last page for  
            vote

           SUBJECT:   Respiratory care practice


          SOURCE:    Respiratory Care Board of California


          DIGEST:  This bill clarifies and updates the Respiratory Care  
          Act to conform to current practices, adding that respiratory  
          care includes the administration of medical gases and  
          pharmacological agents, life support, and education, among other  
          functions.










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          Assembly Amendments make technical and nonsubstantive changes to  
          this bill. 


          ANALYSIS:   


          Existing law:

          1) Establishes the Respiratory Care Board of California (Board)  
             to administer and enforce the Respiratory Care Practice Act  
             (Act).  (Business and Professions Code (BPC) §§ 3700 and  
             3710) 

          2) Defines "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  
             which affect the pulmonary system and associated aspects of  
             cardiopulmonary and other systems functions.  (BPC § 3702)

          3) States the intent of the Legislature to provide clear legal  
             authority for functions and procedures which have common  
             acceptance and usage among respiratory therapists.  It is  
             also the intent to recognize the existence of overlapping  
             functions between physicians and surgeons, registered nurses,  
             physical therapists, respiratory care practitioners (RCPs),  
             and other licensed health care personnel, and to permit  
             additional sharing of functions within organized health care  
             systems.  (BPC § 3701) 

          4) Establishes approved functions for an RCP.  (BCP §§ 3702,  
             3702.7, and 3705)

          5) States that the Act shall not be construed as authorizing an  
             RCP to practice medicine, surgery, or any other form of  
             healing, except as authorized by the Act.  (BCP § 3705)

          This bill:









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          1)States 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  
            these services and the RCP has maintained current competencies  
            in the services provided, as needed.

          2)Expands respiratory care practices to include, but not be  
            limited to, the following:

             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, but  
               not limited to, extracorporeal membrane oxygenation (ECMO)  
               and extracorporeal carbon dioxide removal (ECCO2R).

             c)   Educating students, health care professionals, or  
               consumers about respiratory care, including, but not  
               limited to:

               i)     Education of respiratory core courses or clinical  
                 instruction provided as part of a respiratory educational  
                 program.  

               ii)    Educating health care professionals or consumers  
                 about the operation or application of respiratory care  
                 equipment and appliances.

             d)   The treatment, management, diagnostic testing, control,  
               education, and care of patients with sleep and wake  
               disorders, as specified. 

          3)Clarifies that "associated aspects of cardiopulmonary and  
            other systems functions" includes patients with deficiencies  
            and abnormalities affecting the heart and cardiovascular  
            system.









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          Background

          Respiratory care is an allied health specialty which provides a  
          wide range of therapeutic and diagnostic services to patients  
          with heart and lung disorders. Respiratory therapists, also  
          known as RCPs, are involved in the evaluation and monitoring of  
          heart and lung function as well as giving treatment.

          Respiratory therapists work in medical teams to treat all types  
          of patients ranging from premature infants whose lungs are not  
          fully developed to elderly people with lung disease.  More than  
          34,000 RCP licenses have been issued in the State of California.

          The minimum educational requirements for RCP licensure include  
          an associate degree with completion of an approved two-year  
          respiratory care program with clinical practice.  There are 33  
          respiratory care programs throughout California.   Most  
          respiratory care therapists work in hospitals (emergency,  
          intensive care, neonatal/pediatric units, cardiac care, etc.).

          The RCP scope statutes have not been updated since 2004 when a  
          Committee omnibus bill, SB 1913 (Committee on Business and  
          Professions, Chapter 695, Statutes of 2004), clarified the  
          meaning of "mechanical or physiological ventilator support."   
          This bill is intended to align current practices with statutory  
          authorization.

          Additional Authorized Functions Clarified.  As the author  
          explains, this bill authorizes an RCP to do the following:

          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 an RCP with current competencies.

            According to the author, the intent of this section is to  
            allow an 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 an RCP who is providing respiratory care to a diabetic  
            cardiac patient to check the patient's sugar levels.  









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          2)Administer pharmacological agents and medical gases to induce  
            conscious or deep sedation according to direct orders and  
            under physician supervision.  (This does not include general  
            anesthesia.)  

            According to the author's office, RCPs have been performing  
            conscious and deep sedation for decades.  This procedure is  
            often performed for pulmonary doctors during a bronchoscopy, a  
            procedure to view the airways and treat or diagnose lung  
            disease. 

          3)Perform all forms of extracorporeal (outside the body) life  
            support, including ECMO and ECCO2R.  

            ECMO is a type of cardiopulmonary bypass that supports the  
            lungs, heart, or both for patients in intensive care with  
            reversible life threatening respiratory or cardiac disease.   
            ECCO2R refers to the process by which an extracorporeal  
            circuit is used for the primary purpose of removing carbon  
            dioxide from the body, thereby providing partial respiratory  
            support.  

            A 1990 Legislative Counsel opinion determined that ECMO is  
            within an RCP's scope of practice.  ECMO encompasses ECCO2R,  
            but ECCO2R is gaining more recognition as familiar  
            terminology. 

          4)Educate students, health care professionals, and consumers  
            about respiratory care.

            Educators of core respiratory educational courses and  
            respiratory equipment must be licensed, but the author's  
            office believes the statute needs clarification.    



          5)Provide specified care to patients with deficiencies and  
            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  








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            remove carbon dioxide.  According to the author's office, 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.

            This bill allows RCPs to practice polysomnography, a  
            multi-parametric test, often administered by polysomnographic  
            technicians, used in the study of sleep and as a diagnostic  
            tool in sleep medicine.  In an effort to protect consumers in  
            a vulnerable state, SB 132 (Denham, Chapter 635, Statutes of  
            2009) created a registration for certified polysomnographic  
            technologists, technicians, and trainees under the Medical  
            Board of California.  While this bill was not meant to  
            prohibit RCPs from polysomnography, the statute remains  
            ambiguous.  A Letter of Intent from the bill'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 an RCP's  
            scope of practice.  The Board wants this codified to avoid any  
            further confusion.  

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


          SUPPORT:   (Verified8/6/15)


          Respiratory Care Board of California (source)
          California Society for Respiratory Care 


          OPPOSITION:   (Verified8/6/15)


          None received









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          ARGUMENTS IN SUPPORT:     The Respiratory Care Board of  
          California writes, "Advancements in the medical field and the  
          delivery of care have rapidly evolved since the Respiratory Care  
          Practice Act was enacted 33 years ago in 1982.  The Board is  
          contacted frequently with various 'scope of practice' questions.  
           And while the Board 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 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."  

          ASSEMBLY FLOOR:  79-0, 7/16/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, 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, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Gordon


          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          8/13/15 13:07:47


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