BILL ANALYSIS �
AB 1454
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GOVERNOR'S VETO
AB 1454 (Solorio)
As Amended August 24, 2012
2/3 vote
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|ASSEMBLY: |46-22|(April 23, |SENATE: |23-13|(August 29, |
| | |2012) | | |2012) |
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|ASSEMBLY: |52-27|(August 30, | | | |
| | |2012) | | | |
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Original Committee Reference: INS.
SUMMARY : Authorizes certain audiologists to be qualified
medical evaluators (QMEs) in the workers' compensation system.
The Senate amendments eliminate the requirement that an
audiologist QME base his/her report on a diagnosis made by a
physician and require audiologists treating or evaluating an
injury to collaborate with other medical providers upon request
of the employer or insurer.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that an audiologist who holds a doctoral degree in
audiology, and who has five years post-doctoral experience in
the practice of audiology, may apply to the Administrative
Director (AD) of the Division of Workers' Compensation (DWC)
to be a QME, if he or she passes the examination required of
all QME applicants.
2)Added audiologist QMEs to the section of the workers'
compensation law that defines which health care professions
are considered "physicians" for workers' compensation
purposes.
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3)Prohibited an audiologist authorized to be a "physician" under
the workers' compensation law from advertising or holding his
or herself out as a physician.
4)Required audiologists, when treating or evaluating an injury,
to engage in appropriate medical collaboration at the request
of the employer or insurer.
FISCAL EFFECT : The Senate Appropriations Committee estimates
$135,000 in 2012-13 and 2013-14 from the Workers' Compensation
Administrative Revolving Fund to create and administer
examinations and up to $35,000 annually thereafter for exam
administration. All of these costs are offset by fees.
COMMENTS : According to the author, audiologists are qualified
to perform the QME functions in cases that involve hearing loss.
They argue that other allied health care professionals are
already allowed, within their specialized areas, to perform QME
functions, and that there is no reason to preclude audiologists
from performing this function in their area of expertise.
In general, only medical doctors - "physicians and surgeons"
with M.D. or D.O. degrees who are licensed by the medical board
or the osteopathic medical board - are authorized to use the
term "physician." Many professions may use the term "doctor,"
but the "physician" designation has been reserved to medical
doctors to avoid confusion. The workers' compensation law, for
unclear historical reasons, uses the term "physician" to
describe the range of health care providers who provide
treatment to injured workers. As a result, care is taken in the
workers' compensation law to ensure that this broader policy is
not undermined by non-physician practitioners listed as lawful
workers' compensation providers.
SB 577 (Wiggins) of 2007 proposed, in the form it went to the
Governor, the same provisions as in this bill. SB 577 was
vetoed by Governor Schwarzenegger.
GOVERNOR'S VETO MESSAGE :
"I commend the author for his leadership role in reforming
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California's Workers' Compensation system.
"These reforms - backed by both Democrats and Republicans -
reduce costs to businesses and protect workers. Further, they
will help to avert an imminent crisis of skyrocketing rates that
would have hurt both injured workers and businesses."
Analysis Prepared by: Mark Rakich / INS. / (916) 319-2086
FN: 0006001