California Assembly Bill AB2731 Amended / Bill

 BILL NUMBER: AB 2731AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 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.   An act to amend Section 32127.3 of the Health and Safety Code, rela   ting to health care districts.  LEGISLATIVE COUNSEL'S DIGEST AB 2731, as amended, Arambula.  Prostate cancer: consent requirements.  Health care districts: federal loans or grants.   Existing law provides for the formation and establishes the powers of a health care district. Existing law places limits on the extent to which a health care district may borrow money and incur indebtedness.   Existing law authorizes the board of directors of any district to borrow money or issue bonds and to execute first mortgages, first deeds of trust, or other necessary security interests exclusively for the purpose of securing federal mortgage insurance, federal loans, or federally insured loans issued pursuant to the federal National Housing Act for financing or refinancing the construction of new health facilities, the expansion, modernization, renovation, remodeling, or alteration of existing health facilities, and the initial equipping of those health facilities under the federal mortgage insurance programs available to a local hospital district.   This bill would add to the purposes for which the board of directors of a district may borrow money, issue bonds, or execute first mortgages, first deeds of trust, or other security interests, the purpose of securing federal loans or grants or guaranteed loans issued pursuant to the federal Consolidated Farm and Rural Development Act, as specified.   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.   Section 32127.3 of the   Health and Safety Code   is amended to read:  32127.3. (a) Exclusively for the purpose of securing federal mortgage insurance, federal loans,  federal loans or grants or guaranteed loans issued pursuant to the federal Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921, et seq.), as amended by Public Law 109-171 on February 8, 2006,  or federally insured loans issued pursuant to the National Housing Act (12 U.S.C. Secs. 1715w and 1715z-7) for financing or refinancing the construction of new health facilities, the expansion, modernization, renovation, remodeling, or alteration of existing health facilities, and the initial equipping of those health facilities under the federal mortgage insurance programs as are now or may hereafter become available to a local hospital district, and notwithstanding any provision of this division, or any other provision or holding of law, the board of directors of any district may do either or both of the following: (1) Borrow money or issue bonds, in addition to other financing methods authorized under this division. (2) Execute, in favor of the United States, appropriate federal agency, or federally designated mortgagor, first mortgages, first deeds of trust, or other necessary security interests as the federal government may reasonably require with respect to a health facility project property as security for that insurance. (b) No payments of principal, interest, insurance premiums and inspection fees, and all other costs of financing obtained as authorized by this section shall be made from funds derived from the district's power to tax. (c) The Legislature hereby determines and declares that the authorizations for executing the mortgages, deeds of trust, or other necessary security agreements by the board and for the enforcement of the federal government's rights thereunder are in the public interest in order to preserve and promote the health, welfare, and safety of the people of the state by providing, without cost to the state, a federal mortgage insurance program for health facility construction loans in order to stimulate the flow of private capital into health facilities construction to enable the critical need for new, expanded, and modernized public health facilities to be met. (d) The Legislature further determines and declares that the United States, appropriate federal agency, or federally designated mortgagor named as beneficiary of any first mortgage or other security interest delivered as authorized by this section is not a private person or body within the meaning of Section 11 of Article XI of the California Constitution.  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 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 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.