BILL ANALYSIS
SB 953
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Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
SB 953 (Walters) - As Amended: May 19, 2010
SENATE VOTE : 32-0
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 and states legislative intent that nothing in this
bill is intended to enlarge, reduce, or otherwise modify the
scope of practice of podiatrists.
EXISTING LAW :
1)Provides, under the Medical Practice Act, for the licensure
and regulation of physicians and surgeons by the Medical Board
of California (MBC) and for the licensure and regulation of
podiatrists by the California Board of Podiatric Medicine
(BPM) within the MBC.
2)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.
3)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.
4)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, as specified.
5)Prohibits construing these provisions to authorize a
SB 953
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podiatrist to act beyond certain scope of practice
limitations.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office,
"Doctors of Podiatric Medicine are apparently the only licensed
or unlicensed health practitioners prohibited from assisting
beyond their normal scope during a medical emergency. There is
no basis for excluding one of the more highly trained provider
groups. It could cost the lives of Californians, unnecessarily,
in the event of a disaster. No other State is known to restrict
Doctors of Podiatric Medicine in the event of medical
disasters."
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.
Support . The sponsor of this bill, BPM, writes, "This bill, by
deleting B&P Section 2397(d), 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 Section 2472 (previously 2473).
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"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, including Article 17
(Sections 2395-2398), which provides exemptions from liability
during medical emergencies. We were surprised to find Section
2397(d), 'Nothing in this article shall be construed to
authorize practice by a podiatrist beyond that set forth in
Section 2473.' 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."
Double referred . This bill has been double referred to Assembly
Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Board of Podiatric Medicine (sponsor)
California Podiatric Medical Association
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301