BILL ANALYSIS
SB 1069
Page 1
SENATE THIRD READING
SB 1069 (Pavley)
As Amended May 5, 2010
Majority vote
SENATE VOTE :30-0
BUSINESS & PROFESSIONS 11-0 JUDICIARY 10-0
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|Ayes:|Hayashi, Conway, Eng, |Ayes:|Feuer, Tran, Brownley, |
| |Hernandez, Hill, Ma, | |Evans, Hagman, Huffman, |
| |Nava, Niello, Ruskin, | |Jones, Knight, Monning, |
| |Smyth, Logue | |Saldana |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Conway, | | |
| |Bradford, | | |
| |Charles Calderon, Coto, | | |
| |Davis, | | |
| |De Leon, Gatto, Hall, | | |
| |Harkey, Miller, Nielsen, | | |
| |Norby, Skinner, Solorio, | | |
| |Torlakson, Torrico | | |
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SUMMARY : Authorizes physician assistants (PAs) to perform and
certify physical examinations and other specified medical
services, as specified, and authorizes state and local
government agencies to rely on certificates executed by PAs, as
specified. Specifically, this bill :
1)States that a PA acts as an agent of his or her supervising
physician when performing any authorized activity, as
specified.
2)Permits a PA to perform certain physical examinations and
other medical services, as specified, and sign and attest to
any certificate, card, form, or other documentation evidencing
the examination or other specified medical services.
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3)Authorizes state and local government agencies to rely on
certificates executed by PAs.
4)Permits a delegation of services agreement to authorize a PA
to do the following:
a) Order durable medical equipment, subject to any
limitations in current law, the delegation of services
agreement, or third-party payer requirements;
b) Certify disability pursuant to the Unemployment
Insurance Code (UIC) after performance of a physical
examination by the PA under the supervision of a physician
and surgeon; and,
c) Approve, sign, modify, or add to a plan of treatment or
plan of care for individuals receiving home health services
or personal care services after consultation with the
supervising physician.
5)States that this bill shall not be construed to affect the
validity of any delegation of services agreement in effect
prior to the enactment of this bill or adopted subsequent to
its enactment.
6)Requires any accusation filed against a licensee that would
jeopardize his or her license to be filed within three years
after the PA Committee (committee) discovers the act or
omission alleged as the ground for disciplinary action, or
within seven years after the act or omission alleged as the
ground for disciplinary action occurs, whichever occurs first.
However, the time limitations shall be tolled during any
period if material evidence necessary for prosecuting or
determining whether a disciplinary action would be appropriate
is unavailable to the committee due to an ongoing criminal
investigation. The following situations are exceptions to the
time limitations:
a) An accusation alleging the procurement of a license by
fraud or misrepresentation;
b) An accusation alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts
of the licensee upon proof that the licensee intentionally
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concealed from discovery his or her incompetence, gross
negligence, or repeated negligent acts;
c) If an alleged act or omission involves a minor, the time
limitations period shall be tolled until the minor reaches
the age of majority. However, if the committee discovers
an alleged act of sexual contact with a minor, as
specified, after the limitations periods have otherwise
expired, and there is independent evidence that
corroborates the allegation, an accusation shall be filed
within three years from the date the committee discovers
that alleged act; and,
d) An accusation alleging sexual misconduct shall be filed
within three years after the committee discovers the act or
omission alleged as the ground for disciplinary action, or
within 10 years after the act or omission alleged as the
ground for disciplinary action occurs, whichever occurs
first. This shall apply to a complaint alleging sexual
misconduct received by the committee on and after January
1, 2011.
7)Permits PAs to authorize children to take prescribed
medications, including auto-injectable epinephrine, during the
school day.
8)Permits PAs to waive vision tests for schoolchildren.
9)Permits PAs to certify the needs of an individual who has been
diagnosed by a physician and surgeon as being deaf or hearing
impaired after reviewing the medical records or copies of the
medical records containing that diagnosis.
10)Permits PAs to certify that an individual has a visual or
medical need for specialized telecommunications equipment, as
specified.
11)Adds PAs to the definition of "practitioner" in the UIC.
12)Defines the following terms:
a) "Delegation of services agreement" means the writing
from a supervising physician delegating to a PA the medical
services a PA is authorized to perform, as specified;
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b) "Other specified medical services" means tests or
examinations performed or ordered by a PA practicing in
compliance with current law; and,
c) "Discovers" means the latest of the occurrence of any of
the following with respect to each act or omission alleged
as the basis for disciplinary action:
i) The date the committee receives a complaint or
report describing the act or omission;
ii) The date, subsequent to the original complaint or
report, on which the committee becomes aware of any
additional acts or omissions alleged as the basis for
disciplinary action against the same individual; or,
iii) The date the committee receives from the complainant
a written release of information pertaining to the
complainant's diagnosis and treatment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no direct fiscal impact for the PA Committee within
the Department of Consumer Affairs.
COMMENTS : PAs practice medicine under the supervision of
physicians and surgeons. PAs are formally trained to provide
diagnostic, therapeutic, and preventive healthcare services.
Many PAs work in primary care specialties, such as general
internal medicine, pediatrics, and family medicine. Other
specialty areas include general and thoracic surgery, emergency
medicine, orthopedics, and geriatrics. PAs specializing in
surgery provide preoperative and postoperative care and may work
as first or second assistants during major surgery.
The duties of PAs are determined by the supervising physician
and by current law. The supervising physician has full legal
responsibility for the services performed by the physician,
including liability for any negligence on the part of the
physician. This bill codifies this agency relationship.
Current California law authorizes PAs to perform and certify
medical examinations for purposes of obtaining disability
placards, commercial vehicle licenses, and employment. This
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bill brings consistency across the codes by permitting PAs to
perform other, similar examinations and certifications.
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
FN: 0005911