BILL ANALYSIS
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|Hearing Date:March 22, 2010 |Bill No:SB |
| |953 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Gloria Negrete McLeod, Chair
Bill No: SB 953Author:Walters
As Amended:March 16, 2010 Fiscal: No
SUBJECT: Podiatrists: liability for emergency services.
SUMMARY: Removes reference to a deleted provision which would limit
the care provided by a podiatrist in an emergency situation. States
legislative intent that nothing in this bill is intended, nor shall it
be interpreted to enlarge, reduce, or otherwise modify the scope of
practice of doctors of podiatric medicine, as specified, and is
intended to delete a reference to an obsolete provision of law.
Existing law:
1) Establishes the Medical Practice Act to govern the licensure and
regulation of physicians and surgeons by the Medical Board of
California, and for the licensure and regulation of podiatrists by
the California Board of Podiatric Medicine (Board).
2) Exempts the following medical emergency care from liability:
a) A physician and surgeon, who in good faith renders emergency
care at the scene of an emergency, shall not be liable for any
civil damages as a result of any acts or omissions by such person
in rendering the emergency care. Defines the scene of an
emergency to include, but not be limited to, the emergency room
of hospitals in the event of a medical disaster.
b) A physician and surgeon who serves on an on-call basis to a
hospital emergency room, who in good faith renders emergency
obstetrical services to a person while serving on call shall not
be liable for civil damages for any negligent act or omission in
rendering the emergency obstetrical services.
c) A physician and surgeon, who in good faith upon request of
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another person so licensed, renders emergency medical care to a
person for medical complication arising from prior care by
another person so licensed, shall not be liable for any civil
damages as a result of any acts or omissions by such licensed
person in rendering such emergency medical care.
d) A physician and surgeon shall not be liable for civil damages
for injury or death caused in an emergency situation occurring in
the licensee's office or in a hospital on account of a failure to
inform a patient of the possible consequences of a medical
procedure where the failure to inform is caused by any of the
following: 1) the patient was unconscious; 2) the medical
procedure was undertaken without the patient's consent because
the licensee reasonably believes that a medical procedure should
be undertaken immediately, as specified; 3) a medical procedure
was performed on a person legally incapable of giving consent,
and the licensee reasonably believed that a medical procedure
should be undertaken immediately. Specifies that these
provisions apply only to actions for damages for injuries or
death arising because of a licensee's failure to inform, and not
to actions for damages arising because of a licensee's negligence
in rendering or failing to render treatment.
3) States that nothing in the article containing the provisions
specified in item # 2) above, shall be construed to authorize
practice by a podiatrist beyond that set forth in the provisions
detailing its scope of practice.
4) Defines podiatric medicine as the diagnosis, medical, surgical,
mechanical, manipulative, and electrical treatment of the human
foot, including the ankle and tendons that insert into the foot and
the nonsurgical treatment of the muscles and tendons of the leg
governing the functions of the foot. Specifies the type of
services that a doctor of podiatric medicine who is ankle certified
by the Board on and after January 1, 1984, may perform.
5) Provides that nurses, licensed vocational nurses, and physician
assistants who in good faith render emergency care at the scene of
an emergency which occurs outside the place and course of their
employment are not liable for civil damages as the result of the
acts or omissions in rendering that care. Provides that no
immunity exists for acts that constitute gross negligence.
6) Provides that a veterinarian who on his or her own initiative, at
the request of an owner, or at the request of someone other than
the owner, renders emergency treatment to a sick or injured animal
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at the scene of an accident shall not be liable in damages to the
owner of that animal in the absence of gross negligence.
7) Provides that no disaster service worker who is performing disaster
services ordered by lawful authority during a state of war
emergency, a state of emergency, or a local emergency, as defined,
shall be liable for civil damage on account of personal injury to
or death of any person or damage to property resulting from any act
or omission while performing disaster services, unless the act or
omission is willful.
8) States that no person who in good faith, and not for compensation,
renders emergency medical or nonmedical care at the scene of an
emergency shall be liable for any civil damages resulting from any
act or omission. States that the scene of emergency does not
include emergency department and other places where medical care is
usually offered, and that this provision applies only to medical,
law enforcement, and emergency personnel, as specified.
9) Provides that any person, other than medical, law enforcement, and
emergency personnel, who in good faith and not for compensation
renders emergency medical or nonmedical care or assistance at the
scene of an emergency shall not be liable for civil damages
resulting from any act or omission other than an act or omission
constituting gross negligence or willful or wanton misconduct.
10)Specifies the intent of the Legislature to encourage other
individuals to volunteer, without compensation, to assist others in
need during an emergency, while ensuring that those volunteers who
provide care or assistance act responsibly.
This bill, removes reference to a deleted provision which would limit
the care provided by a podiatrist in an emergency situation. States
legislative intent that nothing in this bill is intended, nor shall it
be interpreted to enlarge, reduce, or otherwise modify the scope of
practice of doctors of podiatric medicine, as specified, and is
intended to delete a reference to an obsolete provision of law.
FISCAL EFFECT: None. This bill has been keyed non-fiscal by
Legislative Counsel.
COMMENTS:
1. Purpose. According to the Sponsor of this measure, the California
Board of Podiatric Medicine (Board), this measure is necessary to
delete limitations on the ability of podiatrists to provide care in
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an emergency situation. The Board points out that doctors of
podiatric medicine (DPMs) are the only licensed health
professionals prohibited from assisting beyond their normal scope
of practice during a medical emergency. The Board states that
there is no basis for excluding one of the more highly trained
provider groups and this could cost the lives of Californians,
unnecessarily, in the event of a disaster. The Board further
indicates that no other state is known to restrict DPMs in the
event of medical disasters.
The Board points out that the Governor's Office initiated a healthcare
surge project coordinated by the Department of Public Health.
Health licensing boards were encouraged to identify and correct
barriers to the provision of assistance during an emergency and to
prepare their licensees to be ready. A medical disaster might
significantly impact the number of available providers just when
caseloads could skyrocket. Good Samaritan statutes are intended to
allow health professionals to assist beyond their normal scope of
practice during an emergency. Currently, there are over 2,000
highly-trained DPMs who could provide necessary care in an
emergency.
2. Background. Good Samaritan statutes are laws which protect from
liability those individuals who choose to aid others who are
injured or ill. The Business and Professions Code contains several
provisions limiting the civil liability, except in cases of gross
negligence, of certain health care practitioners including nurses,
licensed vocational nurses, and physician assistants who in good
faith render emergency care at the scene of an emergency which
occurs outside the place and course of their employment.
Similarly, the Medical Practice Act contains exemptions from
liability for physicians and surgeons under certain circumstances,
as described above in item #2) of existing law. These provisions
were adopted to encourage these professionals to render care during
an emergency.
Similarly, Health and Safety Code Section 1799.102, amended by AB 83
(Feuer, Chapter 77, Statutes of 2009) provides that no person who
in good faith, and not for compensation, renders emergency medical
or nonmedical care at the scene of an emergency shall be liable for
any civil damages resulting from any act or omission. AB 83
amended Health and Safety Code Section 1799.102 in response to a
California Supreme Court decision in Van Horn v. Watson (2008) 45
Ca.4th 322, which limited the application of the immunity from
civil liability only for those individuals who render emergency
medical care.
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According to the Board, current limitations on DPMs to provide care
during an emergency were enacted in 1980, when DPMs were viewed to
be less trained and less competent that medical doctors, and were
added without question or debate. The Board points out that these
limitations are now without merit and with the current emphasis on
emergency preparedness, it is necessary to remove barriers for one
of the more highly-trained medical professionals in the state.
3. Related Legislation this Session. SB 1489 (Committee on Business,
Professions & Economic Development), an omnibus bill, mirrors the
provisions of this bill. However,
SB 1489 will be amended to remove the duplicate provision. SB 1489 is
currently awaiting hearing in this Committee.
NOTE : Double-referral to Judiciary Committee (second.)
SUPPORT AND OPPOSITION:
Support: California Board of Podiatric Medicine (Sponsor)
Opposition: None on file as of March 31, 2010
Consultant:Rosielyn Pulmano