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AB-791 Healing arts: pain management.(1999-2000)

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Assembly Bill No. 791
CHAPTER 403

An act to amend Section 2089 of the Business and Professions Code, to add Section 1254.7 to the Health and Safety Code, relating to the healing arts.

[ Filed with Secretary of State  September 15, 1999. Approved by Governor  September 15, 1999. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 791, Thomson. Healing arts: pain management.
Existing law regulates the practice of medicine, and sets forth curriculum requirements for all applicants for a physician’s and surgeon’s license.
This bill would add pain management and end-of-life care to the curriculum requirements for persons entering medical school on or after June 1, 2000.
Existing law provides for the licensure and regulation of health facilities by the State Department of Health Services. Under existing law, violation of these provisions is a misdemeanor.
This bill would require every health facility licensed pursuant to these provisions, as a condition of licensure, to include pain as an item to be assessed at the same time as vital signs are taken. By changing the definition of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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


SECTION 1.

 Section 2089 of the Business and Professions Code is amended to read:

2089.
 (a) Each applicant for a physician’s and surgeon’s certificate shall show by official transcript or other official evidence satisfactory to the Division of Licensing that he or she has successfully completed a medical curriculum extending over a period of at least four academic years, or 32 months of actual instruction, in a medical school or schools located in the United States or Canada approved by the division, or in a medical school or schools located outside the United States or Canada which otherwise meets the requirements of this section. The total number of hours of all courses shall consist of a minimum of 4,000 hours. At least 80 percent of actual attendance shall be required. If an applicant has matriculated in more than one medical school, the applicant must have matriculated in the medical school awarding the degree of doctor of medicine or its equivalent for at least the last full academic year of medical education received prior to the granting of the degree.
(b) The curriculum for all applicants shall provide for adequate instruction in the following subjects:
Alcoholism and other chemical substance dependency, detection and treatment.
Anatomy, including embryology, histology, and neuroanatomy.
Anesthesia.
Biochemistry.
Child abuse detection and treatment.
Dermatology.
Geriatric medicine.
Human sexuality.
Medicine, including pediatrics.
Neurology.
Obstetrics and gynecology.
Ophthalmology.
Otolaryngology.
Pain management and end-of-life care.
Pathology, bacteriology, and immunology.
Pharmacology.
Physical medicine.
Physiology.
Preventive medicine, including nutrition.
Psychiatry.
Radiology, including radiation safety.
Spousal or partner abuse detection and treatment.
Surgery, including orthopedic surgery.
Therapeutics.
Tropical medicine.
Urology.
(c) The requirement that an applicant successfully complete a medical curriculum that provides instruction in pain management and end-of-life care shall only apply to a person entering medical school on or after June 1, 2000.

SEC. 2.

 Section 1254.7 is added to the Health and Safety Code, to read:

1254.7.
 (a) It is the intent of the Legislature that pain be assessed and treated promptly, effectively, and for as long as pain persists.
(b) Every health facility licensed pursuant to this chapter shall, as a condition of licensure, include pain as an item to be assessed at the same time as vital signs are taken. The health facility shall ensure that pain assessment is performed in a consistent manner that is appropriate to the patient. The pain assessment shall be noted in the patient’s chart in a manner consistent with other vital signs.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.