BILL ANALYSIS �
AB 2072
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Date of Hearing: April 18, 2072
ASSEMBLY COMMITTEE ON INSURANCE
Jose Solorio, Chair
AB 2072 (Eng) - As Amended: April 9, 2012
SUBJECT : Workers' compensation: acupuncturists
SUMMARY : Repeals in part the prohibition on acupuncturists
making disability determinations in the workers' compensation
system. Specifically, this bill :
1)Repeals and re-enacts using the same language, but in a
different location, the definition of "acupuncturist" for
purposes of the workers' compensation law.
2)Repeals, in part, the prohibition on acupuncturists making
disability determinations in the workers' compensation system
by allowing an acupuncturist who is also a qualified medical
evaluator (QME) to make disability determinations.
EXISTING LAW :
1)Provides for a comprehensive system of workers' compensation
benefits for workers who are injured on the job, including
medical benefits.
2)Defines as "physicians" for purposes of the workers
compensation law the health care providers who may lawfully
treat, and be compensated for treating, injured workers,
including physicians and surgeons having either an MD or DO
degree, psychologists, acupuncturists, optometrists, dentists,
podiatrists, and chiropractors.
3)Provides for the designation by the Administrative Director
(AD) of the Division of Workers' Compensation (DWC) of QMEs to
evaluate and report on workers' compensation cases where legal
issues or conclusions are required to be drawn from medical
conditions or diagnoses, or when certain disputes on these
issues arise.
4)Prohibits acupuncturists from making disability
determinations.
FISCAL EFFECT : Unknown.
AB 2072
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COMMENTS :
1)Purpose . According to the author, the bill is designed to
"conform the law to actual practice, which is that
acupuncturists who complete the training to become qualified
medical evaluators have the ability to determine disability
for worker's (sic) compensation."
2)Workers' Compensation "Physicians" . As a general rule, the
term "physician" is limited to medical doctors who hold
either MD or DO degrees and are licensed as physicians and
surgeons in California. The workers' compensation law works a
little differently, defining for narrow purposes all of the
health care providers who may treat injured workers as
"physicians." And then using the word "physician in various
places in the workers' compensation law (rather than listing
the string of authorized providers each time).
3)Inappropriate Repeal and Re-enactment . For reasons that are
unclear, the bill proposes to repeal and re-enact in identical
language the definition of "acupuncturist". In doing so, it
elevates the definition of "acupuncturist" to subdivision (a)
of the Labor Code section dealing with authorized health care
providers. However, logic dictates that the initial
subdivision contain the basic definition of "physician" and
the later subdivisions address exceptions and qualifications.
Should the bill move forward, the repeal and re-enactment of
the definition of "acupuncturist" should be removed from the
bill.
4)Support . The author and supporters, The Council of
Acupuncture and Oriental Medicine Associations, collectively
argue that acupuncturists who attain QME status are primary
care providers who are qualified to make disability
determinations in the workers' compensation system. In
support of this contention, proponents point to the extensive
examination that an acupuncturists needs to pass to attain QME
status.
5)Bill May Not Conform to Practice . While the author asserts
that the bill conforms to actual practice, it is far from
clear that current QME acupuncturists are actually making
disability evaluations. No evidence has been presented to
this actual practice, and the DWC's QME materials specifically
AB 2072
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discuss the current prohibition and that certain elements do
not apply to acupuncturists.
6)Opposition . The California Medical Association and the
Association of California Insurance Companies oppose the bill.
These organizations argue that while acupuncturists are
qualified health care practitioners to provide treatment,
where appropriate, to injured workers in the workers'
compensation system, it is inappropriate for them to make
disability determinations.
REGISTERED SUPPORT / OPPOSITION :
Support
The Council of Acupuncture and Oriental Medicine Associations
Opposition
Association of California Insurance Companies
California Coalition on Workers' Compensation
California Medical Association
Analysis Prepared by : Mark Rakich / INS. / (916) 319-2086