BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
674 (Negrete-McLeod)
Hearing Date: 5/4/2009 Amended: 4/28/2009
Consultant: Bob Franzoia Policy Vote: BP&ED 8-0
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BILL SUMMARY: SB 674, relating to healing arts, would do the
following:
- Require the Medical Board of California (MBC) to adopt
regulations by July 1, 2010, regarding the appropriate level of
physician availability needed within clinics and other settings
using certain laser or intense pulse light devices for cosmetic
procedures.
- Modify the definition of "outpatient setting" to include
facilities that offer in vitro fertilization and assisted
reproduction technology treatments.
- Delete existing MBC notice and identification requirements and
instead require that every outpatient setting that is accredited
be periodically inspected by the MBC or the accreditation
agency.
- Make an evaluation of approved accreditation agencies by the
MBC mandatory.
- Require the accrediting agency to immediately report to the
MBC if the outpatient setting's certificate for accreditation
has been denied.
- Require the MBC, absent inquiry, to notify the public whether
a setting is accredited, certified, or licensed, or the
setting's accreditation, certification, or license has been
revoked, suspended, or placed on probation, or the setting has
received a reprimand by the accreditation agency.
- Include, as part of the submission for approval by an
accrediting agency, at the time of accreditation, a detailed
plan, standardized procedures, and protocols to be followed in
the event of serious complications or side effects from surgery.
- Require the Department of Public Health, when conducting an
inspection of an acute care hospital, to inspect the peer review
process utilized by the hospital.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Regulations Up to $50 Special*
Outpatient facility inspections $170 $464
$350Special*
* Medical Board of California Contingent Fund
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill would be effective 1/1/2010 and would require the MBC
to adopt regulations by 7/1/2010. This timeline may not provide
the MBC sufficient time and may increase costs. Staff
recommends the bill be amended to require the regulations be
adopted by 1/1/2011.
This bill amends Health and Safety Code 1248 to add:
(b) (2) Outpatient setting also means facilities that offer
in vitro fertilization, as defined
in subdivision 9b) of Section 1374.55, or facilities that offer
assisted reproduction
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SB 674 (Negrete McLeod)
technology treatments.
The MBC is budgeted for 16 inspector positions as part of its
probation monitoring program. Currently, there are 1,230
outpatient settings that would be inspected every three years
(and as often as necessary to ensure the quality of care
provided). This bill would add an estimated 65 outpatient
settings that offer in vitro fertilization or assisted
reproduction technology treatments for a total of 432
inspections annually. This number of inspections would require
an estimated three inspectors and two administrative and support
staff. As part of their duties, the inspectors would assist in
maintaining the MBC website and the inspection log on the
Consumer Affairs System with periodic findings. This would
involve a one time cost of $15,000 for a contract to put all
outpatient settings online or a separate database and to
establish enforcement tracking records for those settings
inspected.