BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 171|
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UNFINISHED BUSINESS
Bill No: SB 171
Author: Pavley (D)
Amended: 6/17/09
Vote: 21
SEN. BUSINESS AND PROFESSIONS COMMITTEE : 10-0, 3/23/09
AYES: Negrete-McLeod, Wyland, Aanestad, Corbett, Correa,
Florez, Oropeza, Romero, Walters, Yee
SENATE FLOOR : 39-0 (Consent), 3/31/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon,
Cedillo, Cogdill, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Romero, Runner, Simitian, Steinberg, Strickland, Walters,
Wiggins, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : 72-0, 6/24/09 - See last page for vote
SUBJECT : Certificated employees: medical certificates
SOURCE : California Academy of Physician Assistants
DIGEST : This bill allows physician assistants and
advanced practice registered nurses 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
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certification qualifications, or in a retirant position
(former retired employee of a school district), as a
condition of initial employment.
Assembly Amendments added advanced practice registered
nurses to the bill's provisions.
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
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 (PAs) by the Physician Assistant Committee
(Committee) of the Medical Board of California (MBC).
6.Provides that a PA may perform those medical services as
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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 PA or advanced practice registered
nurse (APRN) 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 PA or a licensed APRN, acting under a physician
standardized procedure and protocol, to submit directly
to the governing board of a school district or county
superintendent of schools, a medical certificate for a
person wishing to be employed in a position requiring
certification qualifications, or a retirant position, as
a condition of initial employment.
2.Permits a PA 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.
3.Permits any commissioned medical officer who is exempted
from licensure pursuant to federal law to conduct medical
examinations and issue medical certificates for
employment with a school district or county
superintendent of schools, as specified.
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
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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 6/26/09)
California Academy of Physician Assistants (source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Association for Nurse Practitioners
California Medical Association
California Nurses Midwives Association
Los Angeles County of Education
United Nurses Associations of California/Union of Health
Care Professionals
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 PAs, 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 PAs 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 PAs.
Particularly in underserved areas, it is not always
practical for a physician to be available at all times.
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,
Cook, Coto, Davis, De Leon, DeVore, Duvall, Emmerson,
Evans, Feuer, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Miller,
Monning, Nava, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Charles Calderon, De La Torre, Eng,
Fletcher, Harkey, Mendoza, Nestande, Vacancy
JJA:cm 6/26/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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