BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 953|
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THIRD READING
Bill No: SB 953
Author: Walters (R)
Amended: 5/19/10
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 7-0, 4/5/10
AYES: Negrete McLeod, Aanestad, Calderon, Correa, Oropeza,
Walters, Yee
NO VOTE RECORDED: Wyland, Florez
SENATE JUDICIARY COMMITTEE : 4-0, 5/4/10
AYES: Corbett, Harman, Hancock, Leno
NO VOTE RECORDED: Walters
SUBJECT : Podiatrists: liability for emergency services
SOURCE : California Board of Podiatric Medicine
DIGEST : This bill deletes a reference to an obsolete
provision of law and states legislative intent that nothing
in the bill is intended to enlarge, reduce, or otherwise
modify the scope of practice of podiatrists.
Senate Floor Amendments of 5/19/10 move the intent language
in the bill into an uncodified section.
ANALYSIS :
Existing law:
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1. Defines the scope of "podiatric medicine" as the
diagnosis, medical, surgical, mechanical, manipulative,
and electrical treatment of the human foot and the
nonsurgical treatment of the muscles and tendons of the
leg governing the functions of the foot.
2. Provides that no podiatrist, who in good faith renders
emergency care at the scene of an emergency, shall be
liable for civil damages as a result of any acts or
omissions by the podiatrist in rendering the emergency
care. This immunity does not apply in the event of a
willful act or omission.
3. Provides that podiatrists are not liable for civil
damages for injury or death caused in an emergency
situation occurring in the podiatrist's office or in a
hospital because of a failure to inform a patient of the
possible consequences of a medical procedure when the
failure was because:
A. The patient was unconscious.
B. The procedure was undertaken without the consent
of the patient because the podiatrist reasonably
believed that it should be done immediately and there
was insufficient time to inform the patient.
C. Or, the procedure was performed on a patient
legally incapable of giving consent and the
podiatrist reasonably believed that the procedure
should be done immediately and there was insufficient
time to obtain the consent of the person authorized
to provide that consent for the patient. This
immunity from liability applies only to actions for
damages for injuries or death arising out of the
podiatrist's failure to inform, and not to actions
for damages arising out of the podiatrist's
negligence in rendering treatment.
4. Provides that nothing in the above-described provisions
shall be construed to authorize practice by a podiatrist
beyond that set forth in Section 2473 of the Business
and Professions Code, which has been repealed.
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This bill removes reference to a deleted provision which
limits the care provided by a podiatrist in an emergency
situation. States that nothing in this bill is intended,
nor shall it be construed to enlarge, reduce, or otherwise
modify the scope of practice of doctors of podiatric
medicine, as specified, and is intended to clarify that
exemptions from liability under current law apply to
doctors of podiatric medicine rendering emergency care, and
are intended to delete a reference to an obsolete provision
of law.
Background
Podiatrists treat the human foot, including the ankle and
muscles and tendons of the leg governing the functions of
the foot. In order to become certified to practice
podiatric medicine, candidates must complete four years of
undergraduate education, graduate from one of seven
approved colleges of podiatric medicine, and complete at
least two years of postgraduate podiatric medical and
surgical training.
In addition to performing foot and ankle surgeries,
podiatrists are also licensed to perform surgical
procedures, under the direct supervision of a physician as
an assistant at surgery, that are otherwise beyond the
scope of practice of a podiatrist. A podiatrist may not,
however, function as a primary surgeon for any procedure
beyond his/her scope of practice.
Existing law provides immunity from liability for a
podiatrist who, in good faith, renders emergency care at
the scene of an emergency, except for willful acts or
omissions. Existing law also provides immunity for a
podiatrist who fails to inform a patient of the possible
consequences of a medical procedure, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/19/10)
California Board of Podiatric Medicine (source)
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ARGUMENTS IN SUPPORT : The bill's sponsor, the California
Board of Podiatric Medicine (BPM), writes:
"In the event of a duly-proclaimed medical disaster, this
bill removes a barrier enacted 30-years ago to
highly-trained Doctors of Podiatric Medicine providing
Good Samaritan emergency care beyond their regular foot
and ankle scope in B&P Code Section 2472 (previously
2473). Following Katrina, the Governor's Office
initiated the Healthcare Surge project in 2007 to ensure
California would be better prepared in the event of a
medical disaster. The Departments of Public Health and
Consumer Affairs directed health licensing boards to
alert licensees to be ready. They also asked that we
remove barriers now that could slow medical response when
caseloads are soaring, and provider ranks are thinned,
immobilized and overwhelmed.
"BPM reviewed the Good Samaritan statutes ? which
[provide] exemptions from liability during medical
disasters. We were surprised to find Section 2397(d), ?
During 2007 interagency meetings, there was agreement
that Section 2397(d) is an unnecessary, imprudent
anachronism that does not reflect good public policy.
"SB 953 does not alter the Doctor of Podiatric Medicine's
normal scope of practice in Section 2472. It does
provide DPMs can assist during an emergency as specified
in Article 17 (Sections 2395-2398) without regard to
Section 2472."
JJA:mw 5/19/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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