BILL ANALYSIS
AB 329
Page 1
Date of Hearing: April 17, 2007
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
AB 329 (Nakanishi) - As Amended: March 29, 2007
SUBJECT : Chronic diseases: telemedicine.
SUMMARY : Requires the Medical Board of California (MBC) to
establish a pilot program to expand the practice of
telemedicine, as specified. Specifically, this bill :
1)Authorizes MBC to implement the pilot program by convening a
working group of interested parties from the public and
private sectors, including state health-related agencies,
health care providers, health plan administrators, information
technology groups, and groups representing health care
consumers.
2)Requires members of the working group to discuss the means of
delivering health care to those with chronic diseases, and
assist in developing a plan for offering the best practices in
a telemedicine model in order to reach all Californians, using
innovative health information technologies as a means by which
to share nationally accepted chronic disease management
techniques throughout the state.
3)Requires MBC to make a report with its recommendations
regarding its findings to the Legislature on or before January
1, 2009, and requires the report to include an evaluation of
the improvement and affordability of health care services and
the reduction in the number of complications achieved by the
pilot program.
EXISTING LAW :
1)Provides for the licensing and regulation of dentists by the
Dental Board of California, podiatrists by the California
Board of Podiatric Medicine, psychologists by the Board of
Psychology and marriage and family therapists and licensed
clinical social workers by the Board of Behavioral Sciences.
2)Defines "telemedicine" as the practice of health care
delivery, diagnosis, consultation, treatment, transfer of
medical data, and education using interactive audio, video, or
AB 329
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data communications. Neither a telephone conversation nor an
electronic mail message between a health care practitioner and
patient constitutes telemedicine.
3)Defines "interactive" as an audio, video, or data
communication involving a real time (synchronous) or near real
time (asynchronous) two-way transfer of medical data and
information.
4)Provides that the term "health care practitioner" includes a
physician and surgeon, podiatrist, clinical psychologist,
marriage and family therapist, licensed clinical social
worker, or dentist.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office:
"Chronic diseases, such as diabetes and obesity, cost California
tens-of-billions of dollars annually. For example, over 2
million Americans currently suffer from diabetes, with this
number expected to double by 2025. Similarly, obesity
constitutes the second leading cause of preventable death in
California, and costs the State $28.5 billion annually in health
care costs, lost productivity, and workers' compensation.
Consequently, developing a state-wide best practices model by
which to manage these and other chronic diseases could result in
thousands of saved lives and significant cost reductions within
the State's health care system.
"Assembly Bill 329 would require the Medical Board of California
to convene health care providers and information technology
groups in order to develop a mechanism by which to deliver
health care, and deliver information about disease management
best practices, using a telemedicine model. By establishing
such a system, significant cost savings would be accrued due to
more expedient and professional care as well as a reduction in
the number of medical errors resulting from inaccessible or
inadequate disease management guidelines. Furthermore, such as
system would both increase investment in rural health care
economies and improve access to expert treatment within those
communities. Ultimately, such a system would save more than
23,000 lives and $4 billion annually within the State."
AB 329
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Background . The 1996 "Telemedicine Development Act" (Act)
declares that lack of primary care, specialty providers, and
transportation are significant barriers to access to health
services in medically underserved rural and urban areas, and
that these areas of California have difficulty attracting and
retaining health professionals, as well as supporting local
health facilities to provide a continuum of health care. The
Act also declares that many health care providers to medically
underserved rural and urban areas are isolated from mentors,
colleagues and the information resources necessary to support
them personally and professionally. Telemedicine is part of a
multifaceted approach to address the problem of provider
distribution and the development of health systems in medically
underserved areas by improving communication capabilities and
providing convenient access to up-to-date information,
consultations, and other forms of support.
The Act specifies a number of requirements that must be followed
by health care practitioners prior to delivery of health care
via telemedicine, including the professional review of specified
healing arts licensees by a peer review body, as defined,
including a medical or professional staff of any licensed health
care facility or clinic, health care service plan, specified
health professional societies, or a committee organized by any
entity that functions as a body to review the quality of
professional care provided by specified health care
practitioners. The licentiates included are physicians,
podiatrists, clinical psychologists, marriage and family
therapists, clinical social workers, and dentists.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301