Bill Text: CA AB1070 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Physician assistants: physician supervision: exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 827, Statutes of 2023. [AB1070 Detail]

Download: California-2023-AB1070-Amended.html

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Amended  IN  Assembly  April 12, 2023

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1070

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Introduced by Assembly Member Low

February 15, 2023

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An act to amend Section 3502.5 3516 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1070, as amended, Low. Physician assistants: physician supervision: exceptions.

Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes physician assistants to perform medical services as set forth by regulations and the act when those services are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. Existing law authorizes a physician assistant to perform medical services without the supervision of the physician assistant’s approved supervising physician and surgeon under certain emergency conditions if a licensed physician and surgeon is available to provide supervision. prohibits a physician and surgeon from supervising more than 4 physician assistants at any one time.

This bill would authorize except from that prohibition the supervision of physician assistants performing home health evaluations to gather patient information and perform health evaluations, as specified, without physician and surgeon supervision. annual wellness visits, advanced assessments, or health evaluations, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3516 of the Business and Professions Code is amended to read:

3516.

 (a) Notwithstanding any other provision of law, a physician assistant licensed by the board shall be eligible for employment or supervision by a physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California prohibiting that employment or supervision.

(b) (1) Except as provided in paragraph (2) and in Section 3502.5, a physician and surgeon shall not supervise more than four physician assistants at any one time.

(2) Paragraph (1) does not apply to the supervision of a physician assistant doing any of the following when performing a home health evaluation:

(A) Gathering patient information.

(B) Performing an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.

(c) The Medical Board of California may restrict a physician and surgeon to supervising specific types of physician assistants including, but not limited to, restricting a physician and surgeon from supervising physician assistants outside of the field of specialty of the physician and surgeon.

SECTION 1.Section 3502.5 of the Business and Professions Code is amended to read:

3502.5.

(a)(1)Notwithstanding any other law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistant’s approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. “Appropriate supervision” shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516.

(2)No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.

(b)Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:

(1)Gather patient information.

(2)Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.