BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1069
                                                                  Page  1

          SENATE THIRD READING
          SB 1069 (Pavley)
          As Amended  August 16, 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.

          3)Authorizes state and local government agencies to rely on  
            certificates executed by PAs.







                                                                  SB 1069
                                                                  Page  2


          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; and,

             b)   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)Permits PAs to authorize children to take prescribed  
            medications, including auto-injectable epinephrine, during the  
            school day.  

          7)Permits PAs to waive vision tests for schoolchildren.

          8)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. 

          9)Permits PAs to certify that an individual has a visual or  
            medical need for specialized telecommunications equipment, as  
            specified.

          10)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; 

             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  







                                                                  SB 1069
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               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 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: 0005847