Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-608 Medical assistants.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/02/2018 02:00 PM
AB608:v94#DOCUMENT

Amended  IN  Senate  July 02, 2018
Amended  IN  Senate  February 13, 2018
Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  May 03, 2017
Amended  IN  Assembly  March 01, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 608


Introduced by Assembly Member Irwin
(Coauthors: Assembly Members Cervantes, Muratsuchi, and Quirk-Silva)(Coauthors: Senators Hill and Newman)

February 14, 2017


An act to amend Section 1785.11.11 of the Civil Code, relating to consumer credit, and declaring the urgency thereof, to take effect immediately. An act to amend Section 2069 of the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 608, as amended, Irwin. Consumer credit reports: security freezes: protected consumers. Medical assistants.
Existing law, the Medical Practice Act, provides for the licensure and regulation of the practice of medicine by the Medical Board of California. The act authorizes a medical assistant to administer medication only by intradermal, subcutaneous, or intramuscular injections and to perform skin tests and additional technical supportive services upon the specific authorization and supervision of a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife. Existing law defines the term “technical supportive services” to mean simple routine medical tasks and procedures that may be safely performed by a medical assistant who has limited training and who functions under the supervision of a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife.
This bill would define “technical supportive services” to also include drawing up a local aesthetic provided specified conditions are met.
This bill would declare that it is to take effect immediately as an urgency statute.

The Consumer Credit Reporting Agencies Act permits a consumer to place a security freeze on his or her credit report to prohibit the release of the consumer’s credit reporting information, subject to certain exceptions, by making a request in writing by mail to a consumer credit reporting agency.

The act also requires a consumer credit reporting agency, in certain circumstances, to place a security freeze on behalf of a “protected consumer,” defined to include an individual under 16 years of age at the time a request for the placement of a security freeze is made, an incapacitated person, an individual for whom a guardian or conservator has been appointed, or a person in foster care under county jurisdiction who meets certain conditions. With respect to placing a security freeze for a protected consumer, a consumer credit reporting agency is required to do so if it receives a request from the protected consumer’s representative, along with certain identifying information and proof of authority to act on behalf of the protected consumer, and if that representative pays to the consumer credit reporting agency a fee, not to exceed $10 for each placement or removal of a security freeze, subject to specified exceptions.

This bill would prohibit a consumer credit reporting agency from charging fees for these services.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2069 of the Business and Professions Code is amended to read:

2069.
 (a) (1) Notwithstanding any other law, a medical assistant may administer medication only by intradermal, subcutaneous, or intramuscular injections and perform skin tests and additional technical supportive services upon the specific authorization and supervision of a licensed physician and surgeon or a licensed podiatrist. A medical assistant may also perform all these tasks and services upon the specific authorization of a physician assistant, a nurse practitioner, or a certified nurse-midwife.
(2) The supervising physician and surgeon may, at his or her discretion, in consultation with the nurse practitioner, certified nurse-midwife, or physician assistant, provide written instructions to be followed by a medical assistant in the performance of tasks or supportive services. These written instructions may provide that the supervisory function for the medical assistant for these tasks or supportive services may be delegated to the nurse practitioner, certified nurse-midwife, or physician assistant within the standardized procedures or protocol, and that tasks may be performed when the supervising physician and surgeon is not onsite, if either of the following apply:
(A) The nurse practitioner or certified nurse-midwife is functioning pursuant to standardized procedures, as defined by Section 2725, or protocol. The standardized procedures or protocol, including instructions for specific authorizations, shall be developed and approved by the supervising physician and surgeon and the nurse practitioner or certified nurse-midwife.
(B) The physician assistant is functioning pursuant to regulated services defined in Section 3502, including instructions for specific authorizations, and is approved to do so by the supervising physician and surgeon.
(b) As used in this section and Sections 2070 and 2071, the following definitions apply:
(1) “Medical assistant” means a person who may be unlicensed, who performs basic administrative, clerical, and technical supportive services in compliance with this section and Section 2070 for a licensed physician and surgeon or a licensed podiatrist, or group thereof, for a medical or podiatry corporation, for a physician assistant, a nurse practitioner, or a certified nurse-midwife as provided in subdivision (a), or for a health care service plan, who is at least 18 years of age, and who has had at least the minimum amount of hours of appropriate training pursuant to standards established by the board. The medical assistant shall be issued a certificate by the training institution or instructor indicating satisfactory completion of the required training. A copy of the certificate shall be retained as a record by each employer of the medical assistant.
(2) “Specific authorization” means a specific written order prepared by the supervising physician and surgeon or the supervising podiatrist, or the physician assistant, the nurse practitioner, or the certified nurse-midwife as provided in subdivision (a), authorizing the procedures to be performed on a patient, which shall be placed in the patient’s medical record, or a standing order prepared by the supervising physician and surgeon or the supervising podiatrist, or the physician assistant, the nurse practitioner, or the certified nurse-midwife as provided in subdivision (a), authorizing the procedures to be performed, the duration of which shall be consistent with accepted medical practice. A notation of the standing order shall be placed on the patient’s medical record.
(3) “Supervision” means the supervision of procedures authorized by this section by the following practitioners, within the scope of their respective practices, who shall be physically present in the treatment facility during the performance of those procedures:
(A) A licensed physician and surgeon.
(B) A licensed podiatrist.
(C) A physician assistant, nurse practitioner, or certified nurse-midwife as provided in subdivision (a).
(4) (A) “Technical supportive services” means simple routine medical tasks and procedures that may be safely performed by a medical assistant who has limited training and who functions under the supervision of a licensed physician and surgeon or a licensed podiatrist, or a physician assistant, a nurse practitioner, or a certified nurse-midwife as provided in subdivision (a).
(B) Notwithstanding any other law, in a facility licensed by the California State Board of Pharmacy under Section 4180 or 4190, other than a facility operated by the state, “technical supportive services” also includes handing to a patient a prepackaged prescription drug, excluding a controlled substance, that is labeled in compliance with Section 4170 and all other applicable state and federal laws and ordered by a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife in accordance with subdivision (a). In every instance, prior to handing the medication to a patient pursuant to this subparagraph, the properly labeled and prepackaged prescription drug shall have the patient’s name affixed to the package and a licensed physician and surgeon, a licensed podiatrist, a physician assistant, a nurse practitioner, or a certified nurse-midwife shall verify that it is the correct medication and dosage for that specific patient and shall provide the appropriate patient consultation regarding use of the drug.
(C) Notwithstanding any other law, “technical supportive services” also includes drawing up a local anesthetic, such as lidocaine in a syringe, provided all of the following conditions are met:
(i) A supervising licensed physician and surgeon, licensed podiatrist, licensed physician assistant, licensed nurse practitioner, or certified nurse-midwife is present while the medical assistant is drawing up the anesthetic.
(ii) A supervising licensed physician and surgeon, licensed podiatrist, licensed physician assistant, licensed nurse practitioner, or certified nurse-midwife verifies that each syringe label is accurate.
(iii) The anesthetic is a local anesthetic and is reconstituted by someone with a license to do so or comes reconstituted from the manufacturer.
(c) Nothing in this section shall be construed as authorizing any of the following:
(1) The licensure of medical assistants.
(2) The administration of local anesthetic agents by a medical assistant.
(3) The board to adopt any regulations that violate the prohibitions on diagnosis or treatment in Section 2052.
(4) A medical assistant to perform any clinical laboratory test or examination for which he or she is not authorized by Chapter 3 (commencing with Section 1200).
(5) A nurse practitioner, certified nurse-midwife, or physician assistant to be a laboratory director of a clinical laboratory, as those terms are defined in paragraph (8) of subdivision (a) of Section 1206 and subdivision (a) of Section 1209.
(d) A nurse practitioner, certified nurse-midwife, or physician assistant shall not authorize a medical assistant to perform any clinical laboratory test or examination for which the medical assistant is not authorized by Chapter 3 (commencing with Section 1200). A violation of this subdivision constitutes unprofessional conduct.
(e) Notwithstanding any other law, a medical assistant shall not be employed for inpatient care in a licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code.

SEC. 2.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to assist physicians and surgeons with the treatment of their patients by utilizing medical assistants to draw up a local anesthetic under certain circumstances to protect the public health and safety, it is necessary that this act take effect immediately.
SECTION 1.Section 1785.11.11 of the Civil Code is amended to read:
1785.11.11.

(a)A consumer credit reporting agency shall place a security freeze for a protected consumer if both of the following occur:

(1)The consumer credit reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze pursuant to this section.

(2)The protected consumer’s representative does all of the following:

(A)Submits the request to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.

(B)Provides to the consumer credit reporting agency sufficient proof of identification of the protected consumer and the representative.

(C)Provides to the consumer credit reporting agency sufficient proof of authority to act on behalf of the protected consumer.

(b)If a consumer credit reporting agency does not have a file pertaining to a protected consumer when the consumer credit reporting agency receives a request pursuant to paragraph (1) of subdivision (a), the consumer credit reporting agency shall create a record for the protected consumer.

(c)If a protected consumer’s representative requests a security freeze, the consumer credit reporting agency shall disclose the process for placing and removing a security freeze.

(d)Within 30 days after receiving a request that meets the requirements of subdivision (a), a consumer credit reporting agency shall place a security freeze for the protected consumer. The consumer credit reporting agency shall send written confirmation of the security freeze to the address on file within 10 days of the placement of the security freeze.

(e)Unless a security freeze for a protected consumer is removed pursuant to subdivision (h) or (j), a consumer credit reporting agency shall not release the protected consumer’s consumer credit report, any information derived from the protected consumer’s consumer credit report, or any record created for the protected consumer.

(f)A security freeze for a protected consumer placed pursuant to this section shall remain in effect until either of the following occurs:

(1)The protected consumer or the protected consumer’s representative requests that the consumer credit reporting agency remove the security freeze in accordance with subdivision (h).

(2)The security freeze is removed in accordance with subdivision (j).

(g)To remove a security freeze, a protected consumer or a protected consumer’s representative shall do both of the following:

(1)Submit a request for removal of the security freeze to the consumer credit reporting agency at the address or other point of contact and in the manner specified by the consumer credit reporting agency.

(2)Provide to the consumer credit reporting agency:

(A)If the request is made by the protected consumer:

(i)Proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid, he or she has been emancipated, or he or she is 16 years of age or older.

(ii)Sufficient proof of identification of the protected consumer.

(B)If the request is made by the representative of a protected consumer:

(i)Sufficient proof of identification of the protected consumer and the representative.

(ii)Sufficient proof of authority to act on behalf of the protected consumer.

(h)Within 30 days after receiving a request that meets the requirements of subdivision (g), a consumer credit reporting agency shall remove a security freeze for a protected consumer.

(i)A consumer credit reporting agency may not charge a fee for any service performed pursuant to this section.

(j)A consumer credit reporting agency is authorized to remove a security freeze for a protected consumer or to delete a record of a protected consumer if the security freeze was placed or the record was created based upon a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.

(k)A consumer credit reporting agency may develop procedures involving the use of telephone, mail, fax, the Internet, or other electronic media to receive and process a request for a protected consumer’s security freeze to be placed or removed.

SEC. 2.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

To remove barriers for the representatives of protected consumers, who may be the victims of data breaches, to freeze the credit reports, and to protect the identity of protected consumers as soon as possible, it is necessary that this bill take effect immediately.