BILL ANALYSIS                                                                                                                                                                                                    �







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        |Hearing Date:June 11, 2012         |Bill No:AB                         |
        |                                   |1553                               |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                          Senator Curren D. Price, Jr., Chair
                                           

                        Bill No:        AB 1533Author:Mitchell
                        As Amended:  March 21, 2012Fiscal:  Yes

        
        SUBJECT:  Medicine:  trainees:  international medical graduates. 
        
        SUMMARY:  Until January 1, 2019, would authorize a clinical 
        instruction pilot program for certain bilingual international medical 
        graduates (IMGs) at the University of California Los Angeles (UCLA) as 
        part of an existing pre-residency training program, at the option of 
        UCLA.   Would allow IMBs to engage in hands-on clinical training 
        during their participation in the IMG pilot program they meet 
        specified requirements. 

        Existing law:
        
        1) The Medical Practice Act provides for licensing and regulation of 
           physicians and surgeons by the Medial Board of California (Board).  
           (Business and Professions Code (BPC) � 2000)

        2) Requires an applicant for a license as a physician or a surgeon to 
           complete specified medical curriculum, clinical instruction program 
           and training program.  (BPC � 2080 et seq.)

        3) Provides that nothing in the Medical Practice Act shall be 
           construed to prohibit a foreign medical graduate from engaging in 
           the practice of medicine subject to certain conditions.  (BPC � 
           2066)

        This bill:

       1)Authorizes a clinical instruction pilot program for certain bilingual 
          international medical graduates at the David Geffen School of 
          Medicine of the UCLA as part of an existing pre-residency training 





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          program.

       2)Provides that nothing in the Medical Practice Act shall be construed 
          to prohibit a foreign medical graduate participating in the pilot 
          program from engaging in the practice of medicine when required as 
          part of the pilot program.

       3)Allows IMGs to participate in the pilot program if they meet the 
          following requirements:

           a)   Graduated from a medical school recognized by the Medical 
             Board of California.

           b)   Taken and passed the United States Medical Licensing 
             Examination Steps 1 and 2 (Clinical Knowledge and Clinical 
             Science).

           c)   Submitted an application and material to the Educational 
             Commission of Foreign Medical Graduates.

           d)   Receive all clinical instruction at health care facilities 
             operated by the UCLA or other approved teaching sites.

           e)   Participate in clinical instruction offered by the pilot 
             program for a 16 to 24 week time period.

           f)   Be supervised by a licensed physician on faculty at UCLA or 
             affiliated with UCLA.

           g)   Be evaluated on a regular basis by the supervising faculty.

       4)Requires UCLA to provide the Board with identifying information about 
          the participants including but not limited to the names of the 
          participants, course successfully completed and dates of 
          instruction.

       5)Authorizes the Board to consider participation in the clinical 
          instruction pilot program as remediation for medical education 
          deficiencies in a participant's subsequent application for licensure 
          as a physician and surgeon.

       6)Requests that the UCLA report to the Board and the Legislature on or 
          before January 1, 2018, including the number of participants, those 
          who were issued a physician and surgeons certificate by the Board, 
          the number who practice in designated medically underserved areas 
          and the potential for retention or expansion of the program. 





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        FISCAL EFFECT:  According to the Assembly Appropriations Committee 
        analysis dated April 18, 2012 this bill will have "negligible fiscal 
        impact" as the program is already in existence and is currently funded 
        by a private source. 

        COMMENTS:
        
       1.Purpose.  This bill is co-sponsored by the  Medical Board of 
          California  and the  University of California  .   According to the 
          author, the David Geffen School of Medicine at UCLA has operated an 
          innovative program to prepare bilingual (English-Spanish speaking) 
          individuals who have graduated from an accredited medical school 
          outside the United states, to enter accredited family medicine 
          programs in California.  This program functions as a pre-residency 
          training program.  However, the program participants do not fall 
          within the provisions of existing law because they are not students 
          or medical residents.  They are medical graduates in training for 
          residency programs.  Because of this, they are not recognized by 
          state law as trainees who are authorized to engage in hands-on 
          clinical training as part of their course of study.  Instead, they 
          function as observers of clinical practice.  This bill will allow 
          trainees to be placed in approved clinical teaching environments 
          where they will be supervised by faculty who are licensed 
          physicians.

       2.Background.  California law allows for regularly matriculated medical 
          students to engage in the practice of medicine whenever and wherever 
          prescribed as part of their required/approved course of student (BPC 
          � 2064).  However, for foreign trained medical students who complete 
          pre-residency training programs in the United States, they are not 
          covered under the provisions of BPC � 2064. 

          In 2006, the David Geffen school of Medicine at UCLA developed a 
          program to prepare bilingual IMGs to enter accredited family 
          medicine programs in California in order to pursue licensure and 
          Board certification as family physicians.  The program recruits 
          proficient bilingual IMGs from international medical schools with 
          curricula that meet the educational requirements set forth by the 
          Medical Board of California for purposes of physician licensure.  To 
          be eligible for the program, participants must have United States 
          citizenship, permanent resident or refugee status.  As part of the 
          program, all participants complete a Clinical Observership program.  
          Trainees are placed in approved clinical teaching environments at 
          UCLA health care facilities or approved affiliates, which provide 
          and ensure supervision by licensed physician faculty.  Students are 





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          assigned to these settings 16-24 weeks.

       3.Arguments in Support.   The  Co-sponsors  indicate that the addition of 
          the hands-on clinical practice experience will allows the UCLA IMGs 
          to receive valuable clinical learning opportunities that will ensure 
          they received the best training and chances for a family medicine 
          residency match.  They also state that the program will benefit 
          California family medicine programs seeking to increase the 
          recruitment of bilingual physicians to their programs.  
          Additionally, because the graduate commit to 24-36 months of 
          post-residency employment in a California health care facility 
          located in a designated medically underserved area, the continued 
          success of the program offers long term benefits for underserved 
          communities throughout the state.

          The  California Academy of Family Physicians  highlights California's 
          shortage of primary care physicians and general practice physicians 
          in underserved areas.  They note that the program will help 
          alleviate the shortage of bilingual physicians in family medicine 
          programs. 

          The  California State Rural Health Association  indicates that there 
          is a need to address the stark shortages in the workforce in rural 
          setting.  They note that the bill is also consistent with efforts at 
          the federal level to protect the supply of foreign trained 
          providers.

          The  County of Los Angeles Board of Supervisors  state that the bill 
          would help to provide additional health care providers for medically 
          underserved areas, which is critical as California prepares to 
          implement Federal Health Care Reform in 2014.

          The  California Primary Care Association  writes: "We need more 
          physicians especially primary care physicians who are bilingual and 
          make a commitment to serving the underserved.  These populations are 
          growing in California and we need to create innovative programs that 
          will meet this demand."

        4.Previous Legislation.   AB 2260  (Negrete McLeod, Chapter 565, Statues 
          of 2006) clarified the requirements for unlicensed foreign doctors 
          to practice medicine in fellowship, faculty or department head or 
          division chief capacity in a California medical school.

        AB 1045  (Firebaugh, Chapter 1157, Statutes of 2002) established the 
          Licensed Physicians and Dentists from Mexico Pilot Program to allow 
          up to 30 licensed physicians and up to 30 licensed dentists from 





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          Mexico to practice medicine or dentistry in California for up to 
          three years, and established a separate pilot program for IMGs. 
        SUPPORT AND OPPOSITION:
        
         Support:  

        Medical Board of California (Sponsor)
        University of California (Sponsor) 
        California Academy of Family Physicians
        California Medical Association
        California State Rural Health Association
        Los Angeles County Board of Supervisors
        California Primary Care Association

         Opposition:  

        None received as of June 4, 2012.



        Consultant:Le Ondra Clark