BILL ANALYSIS �
SB 1083
Page 1
SENATE THIRD READING
SB 1083 (Pavley)
As Amended August 18, 2014
Majority vote
SENATE VOTE :36-0
BUSINESS & PROFESSIONS 14-0
APPROPRIATIONS 17-0
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|Ayes:|Bonilla, Jones, |Ayes:|Gatto, Bigelow, |
| |Bocanegra, Campos, | |Bocanegra, Bradford, Ian |
| |Dickinson, Eggman, | |Calderon, Campos, |
| |Gordon, Hagman, Holden, | |Donnelly, Eggman, Gomez, |
| |Maienschein, Mullin, | |Holden, Jones, Linder, |
| |Skinner, Ting, Wilk | |Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Authorizes a physician assistant (PA) to certify
disability for purposes of disability insurance (DI).
Specifically, this bill :
1) Permits a PA to certify disability after performing a
physical examination under the supervision of a physician.
2) Expands the definition of a practitioner in the Unemployment
Insurance Code (UIC) to include a physician assistant who has
performed a physical examination under the supervision of a
physician and surgeon.
3) Requires the Employment Development Department (EDD) to
implement the provisions permitting a PA to certify
disability, as specified, by January 1, 2017.
4) Requires funds appropriated to cover costs of this bill to
come from the Unemployment Compensation Disability Fund.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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1)One-time contract costs to EDD of approximately $4 million to
modify and test existing Information Technology (IT) systems
(Unemployment Compensation Disability Fund). Ongoing costs are
likely minor. EDD indicates in order to comply with this
bill, it would need to reprogram several systems, and that
programming also requires testing to ensure all interfaces
work properly.
2)Minor costs, likely under $100,000 annually, to Department of
Consumer Affairs to update an existing interface with EDD to
share PA licensure data (Physician Assistant Fund).
COMMENTS :
1)Purpose of this bill. This bill authorizes a PA to certify
disability for purposes of obtaining DI. This bill is
sponsored by the California Academy of Physician Assistants.
2)Author's statement. According to the author's office,
"California law does not authorize physician assistants to
certify claims for DI with the Employment Development
Department. The restrictions related to EDD forms are
inconsistent with the scope-of-practice of a physician
assistant, which allows them to act as an agent of their
supervising physician in performing medical examinations as
well as most other medical services. The law pertaining to DI
is also inconsistent with a physician assistants' ability to
certify other claims of temporary disability, such as Paid
Family Leave under the Family Medical Leave Act and the
California Family Rights Act, but not claims for Disability
Insurance."
3)Physician assistants. A PA is a licensed and skilled health
care professional who is trained to obtain medical histories,
conduct physical examinations, diagnose and treat illnesses,
prescribe medication, order and interpret lab tests, perform
procedures, assist in surgery, provide patient education and
counseling, and make rounds in hospitals and nursing homes.
The Physician Assistant Board (PAB) in California licenses and
regulates the approximately 9,000 PAs in California. PAB
consists of nine members; one physician member from the
Medical Board of California; four licensed physician
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assistants and four public members. PAB is supported entirely
by fees imposed upon the professional community it regulates
and received no reimbursement from taxpayers or from the
General Fund.
A PA must attend a PAB-approved training program associated
with a medical school that includes classroom studies and
clinical experience. The average length of a PA education
program is 26 months (three academic years). A PA must also
take and pass the Physician Assistant National Certifying
Examination administered by the National Commission on
Certification of Physician Assistants.
PAs are currently authorized to sign for the issuance of
disabled person placards, certify licensees to drive standard
commercial vehicles, school buses, general public
transportation vehicles, and farm labor vehicles. PAs are
also authorized to conduct physical examinations and sign
corresponding forms or certificates for those seeking
employment in school districts or with the county
superintendent of schools. Finally, PAs may sign for claims
of temporary disability for Paid Family Leave and workers'
compensation insurance.
By expanding PA's signing authority to include certification
for DI, this bill would more fully align DI requirements with
PA's scope of practice.
4)SDI programs. DI provides partial wage replacement to
eligible workers who are unable to work because of a
disability, which includes a non-industrial injury, illness,
or pregnancy related condition. According to the California
Unemployment Insurance Code, disability is defined as any
mental or physical illness or injury which prevents you from
performing your regular or customary work, as specified.
Currently, a physician, dentist, podiatrist, or a nurse
practitioner (after a physical examination and in
collaboration with a physician and surgeon), or as to normal
pregnancy or childbirth, a midwife, nurse midwife, or nurse
practitioner, may certify for DI. This bill will add a PA to
that list.
Analysis Prepared by : Sarah Huchel / B., P. & C.P. / (916)
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319-3301
FN: 0004990