Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1070Introduced by Assembly Member LowFebruary 15, 2023An act to amend Section 308 3502.5 of the Business and Professions Code, relating to the Department of Consumer Affairs. healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 1070, as amended, Low. Department of Consumer Affairs: vacancies. Physician assistants: physician supervision: exceptions.Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes physician assistants to perform medical services as set forth by regulations and the act when those services are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. Existing law authorizes a physician assistant to perform medical services without the supervision of the physician assistants approved supervising physician and surgeon under certain emergency conditions if a licensed physician and surgeon is available to provide supervision.This bill would authorize physician assistants to gather patient information and perform health evaluations, as specified, without physician and surgeon supervision.Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. Existing law requires the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined, within the department becomes vacant, as specified.This bill would make a nonsubstantive change to the vacancy notification requirement provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3502.5 of the Business and Professions Code is amended to read:3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.SECTION 1.Section 308 of the Business and Professions Code is amended to read:308.The director shall notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined in Section 22, within the department becomes vacant pursuant to Section 1770 of the Government Code.
Amended IN Assembly March 23, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1070Introduced by Assembly Member LowFebruary 15, 2023An act to amend Section 308 3502.5 of the Business and Professions Code, relating to the Department of Consumer Affairs. healing arts.LEGISLATIVE COUNSEL'S DIGESTAB 1070, as amended, Low. Department of Consumer Affairs: vacancies. Physician assistants: physician supervision: exceptions.Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes physician assistants to perform medical services as set forth by regulations and the act when those services are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. Existing law authorizes a physician assistant to perform medical services without the supervision of the physician assistants approved supervising physician and surgeon under certain emergency conditions if a licensed physician and surgeon is available to provide supervision.This bill would authorize physician assistants to gather patient information and perform health evaluations, as specified, without physician and surgeon supervision.Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. Existing law requires the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined, within the department becomes vacant, as specified.This bill would make a nonsubstantive change to the vacancy notification requirement provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 23, 2023
Amended IN Assembly March 23, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1070
Introduced by Assembly Member LowFebruary 15, 2023
Introduced by Assembly Member Low
February 15, 2023
An act to amend Section 308 3502.5 of the Business and Professions Code, relating to the Department of Consumer Affairs. healing arts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1070, as amended, Low. Department of Consumer Affairs: vacancies. Physician assistants: physician supervision: exceptions.
Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes physician assistants to perform medical services as set forth by regulations and the act when those services are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. Existing law authorizes a physician assistant to perform medical services without the supervision of the physician assistants approved supervising physician and surgeon under certain emergency conditions if a licensed physician and surgeon is available to provide supervision.This bill would authorize physician assistants to gather patient information and perform health evaluations, as specified, without physician and surgeon supervision.Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. Existing law requires the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined, within the department becomes vacant, as specified.This bill would make a nonsubstantive change to the vacancy notification requirement provision.
Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board within the jurisdiction of the Medical Board of California for the licensure and regulation of physician assistants. The act authorizes physician assistants to perform medical services as set forth by regulations and the act when those services are rendered pursuant to a practice agreement and under the supervision of a licensed physician and surgeon. Existing law authorizes a physician assistant to perform medical services without the supervision of the physician assistants approved supervising physician and surgeon under certain emergency conditions if a licensed physician and surgeon is available to provide supervision.
This bill would authorize physician assistants to gather patient information and perform health evaluations, as specified, without physician and surgeon supervision.
Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires the Director of the Department of Consumer Affairs to administer and enforce those provisions. Existing law requires the director to notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined, within the department becomes vacant, as specified.
This bill would make a nonsubstantive change to the vacancy notification requirement provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3502.5 of the Business and Professions Code is amended to read:3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.SECTION 1.Section 308 of the Business and Professions Code is amended to read:308.The director shall notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined in Section 22, within the department becomes vacant pursuant to Section 1770 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3502.5 of the Business and Professions Code is amended to read:3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.
SECTION 1. Section 3502.5 of the Business and Professions Code is amended to read:
### SECTION 1.
3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.
3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.
3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516. No(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:(1) Gather patient information.(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.
3502.5. (a) (1) Notwithstanding any other provision of law, a physician assistant may perform those medical services permitted pursuant to Section 3502 during any state of war emergency, state of emergency, or state of local emergency, as defined in Section 8558 of the Government Code, and at the request of a responsible federal, state, or local official or agency, or pursuant to the terms of a mutual aid operation plan established and approved pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), regardless of whether the physician assistants approved supervising physician and surgeon is available to supervise the physician assistant, so long as a licensed physician and surgeon is available to render the appropriate supervision. Appropriate supervision shall not require the personal or electronic availability of a supervising physician and surgeon if that availability is not possible or practical due to the emergency. The local health officers and their designees may act as supervising physicians and surgeons during emergencies without being subject to approval by the Medical Board of California. At all times, the local health officers or their designees supervising the physician assistants shall be licensed physicians and surgeons. Supervising physicians and surgeons acting pursuant to this section shall not be subject to the limitation on the number of physician assistants supervised under Section 3516.
No
(2) No responsible official or mutual aid operation plan shall invoke this section except in the case of an emergency that endangers the health of individuals. Under no circumstances shall this section be invoked as the result of a labor dispute or other dispute concerning collective bargaining.
(b) Notwithstanding any other law, a physician assistant may do both of the following without physician and surgeon supervision:
(1) Gather patient information.
(2) Perform an annual wellness visit, advanced assessment, or health evaluation, including diagnostic screenings, if it does not involve direct patient treatment or prescribing medication.
The director shall notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any board, as defined in Section 22, within the department becomes vacant pursuant to Section 1770 of the Government Code.