BILL ANALYSIS �
AB 1621
Page 1
ASSEMBLY THIRD READING
AB 1621 (Halderman)
As Introduced February 8, 2012
Majority vote
BUSINESS & PROFESSIONS 9-0
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|Ayes:|Hayashi, Bill Berryhill, | | |
| |Allen, Butler, Eng, | | |
| |Hagman, Hill, Ma, Smyth | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Exempts physicians and surgeons working on trauma
cases from current law requiring that physicians and surgeons
provide specified information about prostate cancer diagnostic
procedures to patients who undergo an examination of the
prostate gland.
EXISTING LAW :
1)Establishes the Grant H. Kenyon Prostate Cancer Detection Act,
which requires that, if a physician and surgeon, during a
physical examination, examines a patient's prostate gland, the
physician and surgeon provide information to the patient about
the availability of appropriate diagnostic procedures,
including, but not limited to, the prostate antigen (PSA)
test, if any of the following conditions are present:
a) The patient is over 50 years of age;
b) The patient manifests clinical symptomatology;
c) The patient is at an increased risk of prostate cancer;
or,
d) The provision of the information to the patient is
medically necessary, in the opinion of the physician and
surgeon.
2)Provides that violation of 1) above, constitutes
unprofessional conduct and is not subject to a misdemeanor
penalty.
AB 1621
Page 2
3)Defines "trauma case" as any injured person who has been
evaluated by prehospital personnel according to policies and
procedures established by the local Emergency Medical Services
agency, as specified, and who has been found to require
transportation to a trauma facility.
FISCAL EFFECT : Unknown. This bill has been keyed non-fiscal by
the Legislative Counsel.
COMMENTS : According to the author, "Current law requires that
any time a doctor or surgeon performs a prostate exam on a
patient with certain risk factors, that the doctor or surgeon
must give that patient information about prostate
cancer?Usually, this is a beneficial provision which alerts men
to their potential risk for prostate cancer.
"However, doctors and surgeons are bound by this requirement
even in situations where it is impossible or impractical. In
certain situations, administering emergency care requires
performing a prostate exam. For example, an emergency room
doctor may check for internal trauma before catheterizing an
unconscious patient. By the time the patient is stable or
conscious, he may have been transported to a different unit or
to a different facility entirely. In this situation it may be
impossible or extremely time-consuming for the emergency room
doctor to track that patient down to give them this information.
Yet failing to do so puts that doctor in violation of the law,
and vulnerable to lawsuits."
Current law requires doctors who examine a patient's prostate
gland to provide that patient with information about the
availability of diagnostic procedures, including PSA testing,
if: the patient is over 50; the patient manifests clinical
symptoms; the patient is at an increased risk for prostate
cancer; or, the doctor believes providing the information is
medically necessary. Physicians often meet this requirement by
providing patients with printed material such as a 59-page
booklet published by the National Cancer Institute.
Emergency room doctors contend that current law can be
impractical and possibly misleading. Trauma patients can
require examination for internal injuries or placement of
medical equipment that triggers the prostate cancer notification
AB 1621
Page 3
requirement. However, these patients are often unconscious at
the time, and can be transferred to another unit or another
facility before regaining consciousness. Tracking them down can
be onerous for the treating physician, and providing the
information can mislead the patient into thinking they are at
risk for prostate cancer when the examination was performed for
a completely different medical reason.
This bill exempts doctors working on trauma patients from the
prostate cancer notification requirement.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0003192