BILL NUMBER: AB 1478INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Ammiano FEBRUARY 27, 2009 An act to add Section 2290.6 to the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGEST AB 1478, as introduced, Ammiano. Written acknowledgment: medical nutrition therapy. Existing law requires a health care practitioner, as specified, to obtain prior verbal and written consent of a patient or the patient' s legal representative, as specified, prior to delivery of health care via telemedicine. This bill would require that a physician and surgeon obtain a patient's written acknowledgment confirming the receipt of information, as specified, regarding treatment through medical nutrition therapy prior to delivering nonemergency treatment for diabetes or heart disease. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2290.6 is added to the Business and Professions Code, to read: 2290.6. (a) Prior to the delivery to a patient of nonemergency health care for the treatment for diabetes or heart disease, a physician and surgeon licensed pursuant to this chapter shall: (1) Inform the patient or the patient's legal representative of the option of medical nutrition therapy treatment for diabetes or heart disease, respectively, including a description of the potential risks, consequences, and benefits of this treatment relative to other medical treatment options. (2) Obtain written acknowledgment from the patient or the patient' s legal representative confirming that the patient received this information and discussed it with the physician and surgeon, or his or her designee, and that the patient or the patient's legal representative understands this information. (b) For purposes of this section, "medical nutrition therapy" shall have the same meaning as set forth in subdivision (a) of Section 2586. (c) The failure of a physician and surgeon to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. (d) All existing laws regarding surrogate decisionmaking shall apply. For purposes of this section, "surrogate decisionmaking" shall have the same meaning as set forth in subdivision (g) of Section 2290.5. (e) This section shall not apply in an emergency situation in which a patient is unable to give written acknowledgment and the representative of that patient is not available in a timely manner to give written acknowledgment. (f) This section shall not apply to a patient under the jurisdiction of the Department of Corrections of Rehabilitation or any other correctional facility.