AB 1478

Written acknowledgment: medical nutrition therapy.

2009-10 Legislative session   » From other legislative sessions: 2009-10  2007-08  2005-2006  

Author: Tom Ammiano (Democrat )

» Details, status and history at Leg info

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Bill status:

CURRENT BILL STATUS


MEASURE	:  A.B. No. 1478
AUTHOR(S)	:  Ammiano.
TOPIC	:  Written acknowledgment: medical nutrition therapy.

TYPE OF BILL :  
                Inactive
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  02/02/2010
LAST HIST. ACTION   :  From committee: Filed with the Chief Clerk pursuant to
	Joint Rule 56.
COMM. LOCATION	:  ASM BUSINESS AND PROFESSIONS

TITLE	:  An act to add Section 2290.6 to the Business and
	Professions Code, relating to healing arts.

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Bill history:

2010:

Feb. 2: From committee: Filed with the Chief Clerk pursuant to Joint Rule

Jan. 31: Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

Jan. 12: In committee: Set, second hearing. Hearing canceled at the request

2009:

Apr. 28: In committee: Set, first hearing. Hearing canceled at the request

Apr. 2: Referred to Com. on B. & P.

Mar. 2: Read first time.

Mar. 1: From printer. May be heard in committee March 30.

Feb. 27: Introduced. To print.

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Bill language:

BILL NUMBER: AB 1478	INTRODUCED
	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.