Bill Text: CA AB1369 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Out-of-state physicians and surgeons: telehealth: license exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 837, Statutes of 2023. [AB1369 Detail]

Download: California-2023-AB1369-Amended.html

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Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1369

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Introduced by Assembly Member Bauer-Kahan

February 17, 2023

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An act to amend Section 683 of add Section 2052.5 to the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1369, as amended, Bauer-Kahan. Healing arts licensees. Out-of-state physicians and surgeons: telehealth: license exemption.

Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physician’s and surgeon’s certificate issued by the board.

Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines “telehealth ” as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers.

Under this bill, a person licensed as a physician and surgeon in another state, as specified, who does not possess a certificate issued by the board would be authorized to deliver health care via telehealth to a patient who, among other requirements, has a disease or condition that is immediately life-threatening.

Existing law relating to health care practitioners requires a board, as defined, to report to the State Department of Health Care Services the name and license number of a person whose license has been revoked, suspended, surrendered, made inactive by the licensee, or placed in another category that prohibits the licensee from practicing the licensee’s profession, to prevent reimbursement by the state for Medi-Cal and Denti-Cal services provided after the cancellation of a provider’s professional license.

This bill would make nonsubstantive changes to that reporting provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 2052.5 is added to the Business and Professions Code, to read:

2052.5.

 (a) For purposes of this section, the following definitions apply:

(1) “Eligible patient” means a person who meets all of the following requirements:

(A) Has a disease or condition that is immediately life-threatening.

(B) Has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition identified in subparagraph (A) within one week of completion of the clinical trial application process, or, in the medical judgment of a physician and surgeon described in subparagraph (C), it is unreasonable for the patient to participate in that clinical trial due to the patient’s current condition and stage of disease.

(C) Has documentation from their primary physician and surgeon and a consulting physician and surgeon attesting that they meet the requirements in subparagraphs (A) and (B).

(2) “Eligible out-of-state physician and surgeon” means a person who is licensed as a physician and surgeon in another state that uses criteria substantially similar to the criteria used by the Medical Board of California.

(3) “Telehealth” has the same meaning as provided in Section 2290.5.

(b) Notwithstanding any other law, an eligible out-of-state physician and surgeon may practice medicine in the state if the practice is limited to delivering health care via telehealth to an eligible patient.

SECTION 1.Section 683 of the Business and Professions Code is amended to read:

683.

(a)A board shall report, within 10 working days, to the State Department of Health Care Services the name and license number of a person whose license has been revoked, suspended, surrendered, made inactive by the licensee, or placed in another category that prohibits the licensee from practicing their profession. The purpose of the reporting requirement is to prevent reimbursement by the state for Medi-Cal and Denti-Cal services provided after the cancellation of a provider’s professional license.

(b)“Board,” as used in this section, means the Dental Board of California, the Medical Board of California, the Board of Psychology, the California State Board of Optometry, the California State Board of Pharmacy, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Behavioral Sciences, the Podiatric Medical Board of California, and the California Board of Occupational Therapy.

(c)This section shall become operative on January 1, 2015.