BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 171|
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CONSENT
Bill No: SB 171
Author: Pavley (D)
Amended: As introduced
Vote: 21
SEN. BUSINESS AND PROFESSIONS COMMITTEE : 10-0, 3/23/09
AYES: Negrete-McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SUBJECT : Certificated employees: medical certificates
SOURCE : California Academy of Physician Assistants
DIGEST : This bill allows physician assistants to perform
a physical examination and submit directly to the governing
board or county superintendent of schools the medical
certificate of a person wishing to be employed in a
position requiring certification qualifications, or in a
retirant position (former retired employee of a school
district), as a condition of initial employment.
ANALYSIS :
Existing law:
1.Requires a school district or county superintendent of
schools to require a candidate for a position requiring
certification qualifications or a retirant position, if
the candidate has not previously been employed in a
position requiring certification qualifications in this
CONTINUED
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state or has not previously been employed as a retirant,
to obtain a medical certificate showing that the
candidate is free from any disabling disease that would
make the candidate unfit to instruct or associate with
children.
2.Requires a physician or surgeon, or a commissioned
medical officer, as specified, to submit a medical
certificate directly to the governing board of the school
district or the county superintendent of schools.
3.Defines a certificated person as a person who holds one
or more documents such as a certificate, a credential, or
a life diploma, which singly or in combination licenses
the holder to engage in the school services designated in
the document or documents.
4.Defines a position requiring certification qualifications
to include teachers, or functions associated with
educational or vocational counseling, guidance, and
placement services, school health program, school library
services, as specified.
5.Provides for the regulation and licensing of physician
assistants by the Physician Assistant Committee
(Committee) of the Medical Board of California (MBC).
6.Provides that a physician assistant may perform those
medical services as set forth by the regulations of the
MBC when the services are rendered under the supervision
of a licensed physician and surgeon approved by the MBC,
except as otherwise provided.
7.Authorizes a licensed physician assistant or advanced
practice registered nurse to give the medical examination
required of an applicant for a certificate to drive a
school bus, school pupil activity bus, youth bus, general
public paratransit vehicle, or farm labor vehicle.
This bill:
1.Allows a physician assistant to submit directly to the
governing board of a school district or county
superintendent of schools, a medical certificate for a
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person wishing to be employed in a position requiring
certification qualifications, or a retirant position, as
a condition of initial employment.
2.Permits a physician assistant to perform a periodic
medical examination as may be required by a school
district or a county superintendent of schools of
certificated employees or a retirant employee to
determine that such employees are free from any
communicable disease making it unfit to instruct or
associate with children.
Background
Current law requires a school district or county
superintendent of schools which employs a person in a
position requiring certification qualifications or a
retirant employee applicant, if that person has not been
previously employed in a position requiring certification
qualifications, to require a medical certificate in a form
prescribed by the State Board of Education showing that the
applicant is free from any disabling disease which makes
the applicant unfit to instruct or associate with children.
The medical certificate must be submitted directly to the
governing board or county superintendent by a physician and
surgeon or a commissioned medical officer, as specified.
Current law also requires that the medical examination be
conducted not more than six months before the submission of
the certificate. Positions requiring certification
qualifications include teachers, and positions whose
functions relate to educational or vocational counseling,
guidance and placement services, school health programs and
school library services.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 3/24/09)
California Academy of Physician Assistants (source)
American Federation of State, County and Municipal
Employees
United Nurses Associations of California
Union of Health Care Professionals
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ARGUMENTS IN SUPPORT : According to the sponsor of the
bill, the California Academy of Physician Assistants
(CAPA), this bill is needed to clarify an inconsistency in
existing law by allowing physician assistants, under the
supervision of a physician, to conduct medical examinations
on applicants seeking employment with a school district or
a county superintendent of schools. CAPA points out that
although current law only allows these medical examinations
to be performed by physicians, the law does not restrict
the ability of clinically competent physician assistants to
perform medical or physical examinations and other routine
medical services. In addition, CAPA indicates that
California is in the midst of an access to care crisis and
these inconsistencies in existing law overburden physicians
with routine duties that should be performed by clinically
competent physician assistants. Particularly in
underserved areas, it is not always practical for a
physician to be available at all times.
JJA:cm 3/24/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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