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AB-2194 Physician assistants: supervision: doctors of podiatric medicine.(2023-2024)

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Date Published: 04/24/2024 09:00 PM
AB2194:v97#DOCUMENT

Revised  May 08, 2024
Amended  IN  Assembly  April 24, 2024
Amended  IN  Assembly  April 15, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2194


Introduced by Assembly Member Joe Patterson
(Coauthor: Assembly Member Mathis)

February 07, 2024


An act to amend Section 3502 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2194, as amended, Joe Patterson. Physician assistants: supervision: doctors of podiatric medicine.
Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board for the licensure and regulation of physician assistants. Existing law authorizes physician assistants to perform prescribed medical services that are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. A violation of that supervision provision is a crime.
Existing law, the Medical Practice Act, provides for the certification and regulation of doctors of podiatric medicine by the Podiatric Medical Board of California, which is within the Department of Consumer Affairs. Existing law authorizes physicians and surgeons and doctors of podiatric medicine to establish a professional partnership that includes both physicians and surgeons and doctors of podiatric medicine if specified conditions are satisfied.
Existing law authorizes a physician assistant performing medical services under the supervision of a physician and surgeon to assist a doctor of podiatric medicine who is a partner, shareholder, or employee in the same medical group as the supervising physician and surgeon. Existing law requires a physician assistant who assists a doctor of podiatric medicine in this manner to do so only according to patient-specific orders from a supervising physician and surgeon and limits the physician assistant to performing those duties included within the scope of practice of a doctor of podiatric medicine. Existing law requires a supervising physician and surgeon to be available to the physician assistant for consultation when assistance is rendered.
This bill would revise those physician assistant supervision provisions to authorize a physician assistant performing medical services under the supervision of a physician and surgeon to assist a doctor of podiatric medicine who is on the staff of an the same organized health care system or who is a partner, shareholder, or employee in the same partnership, group, or professional corporation as the supervising physician and surgeon, pursuant to a practice agreement. The bill would delete both the restriction requiring that a physician assistant who assists a doctor of podiatric medicine do so only according to patient-specific orders from a supervising physician and surgeon and the requirement that a supervising physician and surgeon be available to the physician assistant for consultation when assistance is rendered to a doctor of podiatric medicine. The bill would authorize a doctor of podiatric medicine to participate in the practice agreement, and would authorize the practice agreement to include a doctor of podiatric medicine to cosign a treatment plan prepared by the physician assistant.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 3502 of the Business and Professions Code is amended to read:

3502.
 (a) Notwithstanding any other law, a PA may perform medical services as authorized by this chapter if the following requirements are met:
(1) The PA renders the services under the supervision of a licensed physician and surgeon who is not subject to a disciplinary condition imposed by the Medical Board of California or by the Osteopathic Medical Board of California prohibiting that supervision or prohibiting the employment of a physician assistant.
(2) The PA renders the services pursuant to a practice agreement that meets the requirements of Section 3502.3.
(3) The PA is competent to perform the services.
(4) The PA’s education, training, and experience have prepared the PA to render the services.
(b) (1)Notwithstanding any other law, a physician assistant performing medical services under the supervision of a physician and surgeon may assist a doctor of podiatric medicine who is on the staff of an the same organized health care system or who is a partner, shareholder, or employee in the same partnership, group, or professional corporation as the supervising physician and surgeon, pursuant to a practice agreement. A physician assistant assisting a doctor of podiatric medicine shall be limited to performing those duties authorized in the practice agreement.

(2)For purposes of implementing paragraph (1), a doctor of podiatric medicine may participate in the practice agreement. The practice agreement may include authorizing a doctor of podiatric medicine to cosign a treatment plan prepared by the physician assistant.

(c) Nothing in regulations shall require that a physician and surgeon review or countersign a medical record of a patient treated by a physician assistant, unless required by the practice agreement. The board, as a condition of probation or reinstatement of a licensee, may require the review or countersignature of records of patients treated by a physician assistant for a specified duration.
(d) This chapter does not authorize the performance of medical services in any of the following areas:
(1) The determination of the refractive states of the human eye, or the fitting or adaptation of lenses or frames for the aid thereof.
(2) The prescribing or directing the use of, or using, any optical device in connection with ocular exercises, visual training, or orthoptics.
(3) The prescribing of contact lenses for, or the fitting or adaptation of contact lenses to, the human eye.
(4) The practice of dentistry or dental hygiene or the work of a dental auxiliary as defined in Chapter 4 (commencing with Section 1600).
(e) This section shall not be construed in a manner that shall preclude the performance of routine visual screening as defined in Section 3501.
(f) Notwithstanding any other law, a PA rendering services in a general acute care hospital as defined in Section 1250 of the Health and Safety Code shall be supervised by a physician and surgeon with privileges to practice in that hospital. Within a general acute care hospital, the practice agreement shall establish policies and procedures to identify a physician and surgeon who is supervising the PA.

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REVISIONS:
Heading—Line 2.
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