BILL NUMBER: AB 1252 CHAPTERED 10/10/99 CHAPTER 977 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 10, 1999 PASSED THE ASSEMBLY SEPTEMBER 3, 1999 PASSED THE SENATE SEPTEMBER 2, 1999 AMENDED IN SENATE AUGUST 31, 1999 AMENDED IN SENATE AUGUST 24, 1999 AMENDED IN SENATE AUGUST 16, 1999 INTRODUCED BY Assembly Member Wildman FEBRUARY 26, 1999 An act to amend Section 2499.5 of the Business and Professions Code, and to amend Section 139 of the Labor Code, relating to medical regulation, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1252, Wildman. Podiatric fees: workers' compensation: doctors of podiatric medicine. Existing law specifies a biennial renewal fee for a certificate to practice podiatric medicine of $800. This bill would, until January 1, 2002, increase that amount to $900. This fee is deposited into the Podiatry Fund which is continuously appropriated. By increasing the fee revenues deposited into this fund, the bill would make an appropriation. Existing law requires the Industrial Medical Council to consist of 9 doctors of medicine, 2 doctors of osteopathic medicine, 2 doctors of chiropractic, one physical therapist, one doctor of psychology, and one medical economist. Four of the doctors of medicine are appointed by the Governor. This bill would additionally require that a doctor of podiatric medicine and an acupuncturist serve on the council. It would also increase from 9 to 11, the number of doctors of medicine on the council. The 2 additional doctors of medicine would be appointed by the Governor. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2499.5 of the Business and Professions Code is amended to read: 2499.5. The following fees apply to certificates to practice podiatric medicine. The amount of fees prescribed for doctors of podiatric medicine shall be those set forth in this section unless a lower fee is established by the board in accordance with Section 2499.6. Fees collected pursuant to this section shall be fixed by the board in amounts not to exceed the actual costs of providing the service for which the fee is collected. (a) Each applicant for a certificate to practice podiatric medicine shall pay an application fee of twenty dollars ($20) at the time the application is filed. If the applicant qualifies for a certificate, he or she shall pay a fee which shall be fixed by the board at an amount not to exceed one hundred dollars ($100) nor less than five dollars ($5) for the issuance of the certificate. (b) The oral examination fee shall be seven hundred dollars ($700), or the actual cost, whichever is lower, and shall be paid by each applicant. If the applicant's credentials are insufficient or if the applicant does not desire to take the examination, and has so notified the board 30 days prior to the examination date, only the examination fee is returnable to the applicant. The board may charge an examination fee for any subsequent reexamination of the applicant. (c) Each applicant who qualifies for a certificate, as a condition precedent to its issuance, in addition to other fees required by this section, shall pay an initial license fee. The initial license fee shall be eight hundred dollars ($800). The initial license shall expire the second year after its issuance on the last day of the month of birth of the licensee. The board may reduce the initial license fee by up to 50 percent of the amount of the fee for any applicant who is enrolled in a postgraduate training program approved by the board or who has completed a postgraduate training program approved by the board within six months prior to the payment of the initial license fee. (d) The biennial renewal fee shall be nine hundred dollars ($900). This fee shall remain in effect only until January 1, 2002, and as of that date is reduced to eight hundred dollars ($800), unless a later enacted statute, that is enacted before January 1, 2002, deletes or extends that date. Any licensee enrolled in an approved residency program shall be required to pay only 50 percent of the biennial renewal fee at the time of his or her first renewal. (e) The delinquency fee is one hundred fifty dollars ($150). (f) The duplicate wall certificate fee is forty dollars ($40). (g) The duplicate renewal receipt fee is forty dollars ($40). (h) The endorsement fee is thirty dollars ($30). (i) The letter of good standing fee or for loan deferment is thirty dollars ($30). (j) There shall be a fee of sixty dollars ($60) for the issuance of a limited license under Section 2475. (k) The application fee for certification under Section 2473 shall be fifty dollars ($50). The examination and reexamination fee for this certification shall be seven hundred dollars ($700). (l) The filing fee to appeal the failure of an oral examination shall be twenty-five dollars ($25). (m) The fee for approval of a continuing education course or program shall be one hundred dollars ($100). SEC. 2. Section 139 of the Labor Code is amended to read: 139. (a) The Industrial Medical Council shall consist of 11 doctors of medicine, at least one of whom shall be a psychiatrist and at least one of whom shall specialize in occupational medicine, two doctors of osteopathic medicine, two doctors of chiropractic, one physical therapist, one doctor of psychology, one doctor of podiatric medicine, and one acupuncturist, all of whom shall be licensed to practice in this state, and one medical economist. The administrative director shall be an ex officio, nonvoting member of the council, and the medical director appointed pursuant to Section 122 shall serve as executive secretary of the council. (b) The Governor shall appoint six doctors of medicine, two doctors of osteopathic medicine, one doctor of chiropractic, and one medical economist to the council. The Senate Committee on Rules shall appoint three doctors of medicine, one of whom shall be a psychiatrist, one doctor of chiropractic, and the acupuncturist. The Speaker of the Assembly shall appoint two doctors of medicine, one of whom shall be an occupational medicine specialist, the physical therapist, the doctor of psychology, and the doctor of podiatric medicine. The term of office of members of the council shall be four years, and a member shall hold office until the appointment of a successor. However, the initial terms of three of the doctors of medicine appointed by the Governor shall expire, respectively, on December 31, 1991, December 31, 1992, and December 31, 1993, and the initial terms of the doctors of medicine appointed by the Speaker of the Assembly shall expire, respectively, on December 31, 1991, December 31, 1992, and December 31, 1993. The initial term of one doctor of osteopathic medicine and the doctor of psychology shall both expire on December 31, 1991. Any vacancy shall be filled by the original appointing authority for the unexpired term. (c) The 11 doctors of medicine and the doctors of osteopathic medicine of the council shall represent medical specialties concerned with the treatment of industrial injury and disease. The doctors of medicine shall be appointed after consultation with the statewide and local associations of the medical profession. The doctors of osteopathic medicine, psychology, and podiatric medicine shall be appointed after consultation with the statewide associations of the osteopathic medical profession, psychologists, and podiatric medicine. The doctors of chiropractic shall be appointed after consultation with statewide and local associations of the chiropractic profession. (d) Any physician of a type which must be represented pursuant to subdivision (a) may be considered for appointment to the council if the following qualifications are met: (1) A physician and surgeon shall be board certified in his or her specialty or, if a doctor of chiropractic, shall be certified in a chiropractic specialty recognized and approved by the California Chiropractic Association, the International Chiropractors Association of California, or the American Chiropractic Association, or if a psychologist, shall be board certified in clinical psychology, or hold a doctoral degree in psychology from an accredited university or professional school and have not less than five years' postdoctoral experience in the diagnosis and treatment of emotional and mental disorders. (2) The physician and podiatrist shall be experienced in treating and evaluating industrial injuries and shall maintain an active practice, of which at least one-third of the total practice time is devoted to direct patient treatment. (e) Members of the council shall, within the scope of each member' s professional training, do all of the following: (1) Maintain liaisons with the medical, osteopathic, chiropractic, psychological, and podiatric professions. (2) Counsel and assist the administrative director and perform other duties as the administrative director may request. (3) Assist in recruiting physicians for the medical bureau of the division. (4) Assist in developing guidelines for the determination of disputed questions of clinical fact, including guidelines for the range of time normally required to perform a comprehensive medical-legal evaluation, as well as the content of those procedures. The guidelines shall include the range of time normally required for direct patient contact between the physician and the patient in each such procedure. (5) Suggest standards for improving care furnished to injured employees. (6) Undertake continuing studies of developments in the field of rehabilitation, and continuously inform treating physicians of these developments. (7) Recommend reasonable levels of fees for physicians performing services under Division 4 (commencing with Section 3200). (8) In coordination with the administrative director, monitor and measure changes in the cost and frequency of the most common medical services, and adopt guidelines for the treatment of common industrial injuries on or before July 1, 1994. The guidelines shall reflect practices as generally accepted by the health care community, and shall apply the current standards of care, including, but not limited to, appropriate and inappropriate diagnostic techniques, treatment modalities, adjustive modalities, length of treatment, and appropriate specialty referrals. On or before July 1, 1994, the administrative director shall adopt model utilization protocols in order to provide utilization review standards. All insurers shall comply with this protocol by July 1, 1995. (9) In consultation with the administrative director, promulgate a form which may be used by treating physicians to report on medical issues necessary to determine an employee's compensation. (f) The council shall appoint an advisory committee on psychiatric injuries with both psychologists and psychiatrists as members and shall consider the advisory committee's recommendations concerning psychiatric injuries. The council may appoint advisory committees for other specialties as may be necessary to the performance of its duties. (g) No action of the council shall be taken unless concurred in by not less than nine members present and voting at a meeting. (h) Members of the council shall receive actual, necessary traveling expenses and a per diem allowance of one hundred dollars ($100) for each day spent in meetings of the council.