Bill Text: CA AB646 | 2009-2010 | Regular Session | Amended

California Assembly Bill 646 (Prior Session Legislation)

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

Bill Title: Physicians and surgeons: employment.

Spectrum: Partisan Bill (Democrat 26-1)

Status: (Engrossed - Dead) 2010-06-21 - In committee: Hearing postponed by committee. [AB646 Detail]

Download: California-2009-AB646-Amended.html

BILL NUMBER: AB 646	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Swanson
   (  Coauthor:   Assembly Member 
 Chesbro   Coauthors:   Assembly
Members   Beall,   Buchanan,   Chesbro,
  Coto,   De Leon,   Fong,  
Fuentes,   Hall,   Jeffries,   Lieu, 
 Bonnie Lowenthal,   Ma,   Mendoza,  
Nava,   Portantino,   Price,   Ruskin,
  Salas,   Skinner,   and Torres  )
    (   Coauthors:   Senators  
DeSaulnier   and Wiggins   ) 

                        FEBRUARY 25, 2009

   An act to amend Section 2401 of, and to repeal Section 2401.1 of,
the Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 646, as amended, Swanson. Physicians and surgeons: employment.
   Existing law, the Medical Practice Act, restricts the employment
of licensed physicians and surgeons and podiatrists by a corporation
or other artificial legal entity, subject to specified exemptions
 , and makes it a crime to practice medicine without a license
 . Existing law establishes until January 1, 2011, a pilot
project to allow qualified district hospitals that, among other
things, provide more than 50 percent of patient days to the care of
Medicare, Medi-Cal, and uninsured patients, to employ a physician and
surgeon, if the hospital does not interfere with, control, or
otherwise direct the professional judgment of the physician and
surgeon. The pilot project authorizes the direct employment of a
total of 20 physicians and surgeons by those hospitals to provide
medically necessary services in rural and medically underserved
communities, and specifies that each qualified district hospital may
employ up to 2 physicians and surgeons, subject to specified
requirements.
   This bill would delete the pilot project, and would instead
authorize a health care district, as defined,  that is
located in a rural area,  or a public or  an independent
community  nonprofit hospital or clinic located in a 
health care district serving  medically underserved 
urban populations and communities   area, as specified
 , to employ physicians and surgeons if specified requirements
are met and the district, hospital, or clinic does not interfere
with, control, or otherwise direct the professional judgment of a
physician and surgeon.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2401 of the Business and Professions Code is
amended to read:
   2401.  (a) Notwithstanding Section 2400, a clinic operated
primarily for the purpose of medical education by a public or private
nonprofit university medical school, which is approved by the
Division of Licensing or the Osteopathic Medical Board of California,
may charge for professional services rendered to teaching patients
by licensees who hold academic appointments on the faculty of the
university, if the charges are approved by the physician and surgeon
in whose name the charges are made.
   (b) Notwithstanding Section 2400, a clinic operated under
subdivision (p) of Section 1206 of the Health and Safety Code may
employ licensees and charge for professional services rendered by
those licensees. However, the clinic shall not interfere with,
control, or otherwise direct the professional judgment of a physician
and surgeon in a manner prohibited by Section 2400 or any other
provision of law.
   (c) Notwithstanding Section 2400, a narcotic treatment program
operated under Section 11876 of the Health and Safety Code and
regulated by the State Department of Alcohol and Drug Programs, may
employ licensees and charge for professional services rendered by
those licensees. However, the narcotic treatment program shall not
interfere with, control, or otherwise direct the professional
judgment of a physician and surgeon in a manner prohibited by Section
2400 or any other provision of law.
   (d) Notwithstanding Section 2400, a health care district 
in a rural area  that is operated pursuant to Division 23
(commencing with Section 32000) of the Health and Safety Code may
employ physicians and surgeons, and may charge for professional
services rendered by a physician and surgeon, if the physician and
surgeon in whose name the charges are made approves the charges.
However, the district shall not interfere with, control, or otherwise
direct a physician and surgeon's professional judgment in a manner
prohibited by Section 2400 or any other provision of law.
   (e) Notwithstanding Section 2400, a public or  an independent
community  nonprofit hospital or clinic located in a 
health care district serving medically underserved urban populations
and communities, pursuant to Division 23 (commencing with Section
32000) of the Health and   medically underserved area,
as generally described in Part 5 of Chapter 1 of Title 42 of the Code
of Federal Regulations, or an area where unmet priority needs for
physicians and surge   ons exist, as determined by the
California Healthcare Workforce Policy Commission pursuant to Section
128225 of the Health and Safety Code, with a patient census that
consists of more than 50 percent medically underserved populations,
as defined in Section 127928 of the Health and  Safety Code, may
employ physicians and surgeons, and may charge for professional
services rendered by a physician and surgeon, if the physician and
surgeon in whose name the charges are made approves the charges.
 However, the hospital or clinic shall not interfere with,
control, or otherwise direct a physician and surgeon's professional
judgment in a manner prohibited by Section 2400 or any other
provision of law. 
    (f) The hospitals or clinics authorized to employ physicians
and surgeons pursuant to subdivision (e) shall not interfere with,
control, or otherwise direct a physician and surgeon's professional
judgment in a manner prohibited by Section 2400 or any other
provision of law. Violation of this prohibition is punishable as a
violation of Section 2052, by a fine not exceeding ten thousand
dollars ($10,000), by imprisonment in the state prison, by
imprisonment in a county jail not exceeding one year, or by both the
fine and either imprisonment. This subdivision is declaratory of
existing law, and, as such, does not create a new crime or expand the
scope of any existing crime. 
  SEC. 2.  Section 2401.1 of the Business and Professions Code is
repealed.