Governor signs Golden Hour bill, expands scope of practice for oral and maxillofacial surgeons and limits Medi-Cal provider enrollment.
In a rush to beat a midnight deadline for acting on new legislation, Gov. Arnold Schwarzenegger signed more than 100 bills and vetoed dozens of others on Sept. 30. California Medical Association officials were disappointed the governor vetoed two CMA-sponsored bills and signed two CMA-opposed bills. But there was good news as well. Gov. Schwarzenegger did approve a bill that helps California counties keep emergency rooms open without raising taxes.
Here is a brief legislative roundup:
CMA-Sponsored Legislation: Signed.
Golden Hour Bill (SB 1773)--Supported by the Los Angeles County Medical Association, this bill enables California county governments to raise $100 million a year for emergency rooms and trauma centers by increasing ticket fines by $20, for criminal offenses and dangerous moving violations that most often lead to physical trauma. SB 1773 also sets aside 15 percent of the new funds for pediatric trauma care. The bill was previously introduced in 2005 as SB 57, but not approved.
CMA-Opposed Legislation: Signed.
Oral and Maxillofacial Surgery (SB 438)--A reintroduction of SB 1336 from 2005, this bill expands the scope of practice of oral and maxillofacial surgeons by allowing them to perform facial cosmetic surgery procedures such as eyebrow lifts, face lifts, skin peels and rhinoplasty.
This bill was strongly opposed by the California Society of Plastic Surgeons. CMA also vigorously opposed any efforts to expand the scope of practice of dentists or non-MD oral and maxillofacial surgeons licensed under the Dental Practice Act. However, the CMA has endorsed the pathway for oral and maxillofacial surgeons to become qualified plastic surgeons adopted by the American Board of Plastic Surgery.
Physical Therapists (AB 2868)--This bill authorizes a licensed physical therapist to use the term "doctor" and the abbreviation "Dr." preceding the licensee's name if certain requirements are met.
CMA-Sponsored Legislation: Vetoed.
Reporting Lapses of Consciousness (SB 212)--This bill would have repealed the requirement that physicians report to the county health officer individuals diagnosed with disorders characterized by lapses of consciousness. SB 212 would have also provided physicians immunity from liability, if they chose to file a report.
CMA policy supports legislation to change the lapse of consciousness reporting law from mandatory to discretionary. In addition, CMA policy supports transferring from the physician to the patient responsibility for reporting changes in medical status that affect the safe operation of a motor vehicle.
Medi-Cal Provider Enrollment (SB 1353)--This bill would have improved the provider enrollment process in Medi-Cal by ensuring that physician applications are processed expeditiously. Specifically, the bill would have shortened the time that the California Department of Health Services had to process provider applications, made certain Medicare and hospital-based physicians were eligible for expedited enrollment consideration, adopted a new short-form application, and allowed a physician to submit a supplemental application when changing addresses.
In part, the bill was intended to correct the current backlog of more than 11,000 physicians waiting for Medi-Cal approval. Therefore, CMA officials are trying to figure out why Gov. Schwarzenegger would veto this bill designed to facilitate physician participation.