California Assembly Bill AB2731 Introduced / Bill

 BILL NUMBER: AB 2731INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Arambula FEBRUARY 19, 2010 An act to amend Section 2248 of the Business and Professions Code, and to amend Section 109280 of the Health and Safety Code, relating to cancer. LEGISLATIVE COUNSEL'S DIGEST AB 2731, as introduced, Arambula. Prostate cancer: consent requirements. Under existing law the State Department of Public Health is required to approve a standardized written summary concerning the advantages, disadvantages, risks, and descriptions of procedures with regard to medically viable and efficacious alternative methods of treatment of prostate cancer to be printed or provided by the Medical Board of California to physicians and surgeons. Under existing law, physicians and surgeons are urged to make this written summary available to patients and are required, if the physician and surgeon examines the patient's prostate gland and specified conditions are present, to provide the patient with information about the availability of appropriate diagnostic procedures, including, but not limited to, the prostate antigen (PSA) test. This bill would make technical, nonsubstantive changes to these provisions and would state the intent of the Legislature to enact legislation that would revise existing informed consent requirements for patients with prostate cancer to require the diagnosing physician to document that a referral to a radiation oncologist has been offered to the patient. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to enact legislation that would revise existing informed consent requirements for patients with prostate cancer to require the diagnosing physician to document that a referral to a radiation oncologist has been offered to the patient. SEC. 2. Section 2248 of the Business and Professions Code is amended to read: 2248. This section shall be known as, and may be cited as, the Grant H. Kenyon Prostate Cancer Detection Act. (a) If  , during a physical examination,  a physician and surgeon  , during a physical examination,  examines a patient's prostate gland, the physician and surgeon shall provide information to the patient about the availability of appropriate diagnostic procedures, including, but not limited to, the prostate antigen (PSA) test, if any of the following conditions are present: (1) The patient is over 50 years of age. (2) The patient manifests clinical symptomatology. (3) The patient is at an increased risk of prostate cancer. (4) The provision of the information to the patient is medically necessary, in the opinion of the physician and surgeon. (b) Violation of subdivision (a) constitutes unprofessional conduct and is not subject to Section 2314. SEC. 3. Section 109280 of the Health and Safety Code is amended to read: 109280. (a) A standardized written summary in layperson's language and in a language understood by patients shall be approved by the department. The department may approve the use of an existing publication from a recognized cancer authority as the written summary. Commencing on January 1, 2003, and every three years thereafter,  if  the department  is using an existing publication from a recognized cancer authority as the written summary, the department  shall review its approval  of the use of an existing publication from a recognized cancer authority as the written summary  to ensure that the approved written summary comprises timely, new, and revised information regarding prostate cancer treatment options as the department determines is necessary. The written summary shall be printed or made available by the Medical Board of California to physicians and surgeons, concerning the advantages, disadvantages, risks, and descriptions of procedures with regard to medically viable and efficacious alternative methods of treatment of prostate cancer. Physicians and surgeons are urged to make the summary available to patients when appropriate. (b) The department and the Medical Board of California shall each post this summary on its Internet Web site for public use. (c) If the department updates this summary, it shall send the updated summary to the Medical Board of California and both the department and the Medical Board of California shall each post this updated summary on its Internet Web site.