Bill Text: CA AB175 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Medical telemedicine: optometrists.

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 419, Statutes of 2009. [AB175 Detail]

Download: California-2009-AB175-Chaptered.html

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BILL NUMBER: AB 175	CHAPTERED
	BILL TEXT

	CHAPTER  419
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 4, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Galgiani
   (Principal coauthor: Senator Florez)
   (Coauthors: Assembly Members Tom Berryhill, Block, Fuller, and
Monning)
   (Coauthor: Senator Maldonado)

                        JANUARY 29, 2009

   An act to amend Section 14132.725 of the Welfare and Institutions
Code, relating to telemedicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 175, Galgiani. Medical telemedicine: optometrists.
   Existing law, the Medical Practice Act, regulates the practice of
telemedicine, defined as the practice of health care delivery,
diagnosis, consultation, treatment, transfer of medical data, and
education using interactive audio, video, or data communications.
   Existing law, until January 1, 2013, authorizes "teleophthalmology
and teledermatology by store and forward" under the Medi-Cal
program, to the extent that federal financial participation is
available. Existing law defines "teleophthalmology and
teledermatology by store and forward" as an asynchronous transmission
of medical information to be reviewed at a later time by a physician
at a distant site who is trained in ophthalmology or dermatology,
where the physician at the distant site reviews the medical
information without the patient being present in real time.
   This bill would expand the definition of "teleophthalmology and
teledermatology by store and forward" to include an asynchronous
transmission of medical information to be reviewed at a later time,
for teleophthalmology, by a licensed optometrist.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 14132.725 of the Welfare and Institutions Code
is amended to read:
   14132.725.  (a) Commencing July 1, 2006, to the extent that
federal financial participation is available, face-to-face contact
between a health care provider and a patient shall not be required
under the Medi-Cal program for teleophthalmology and teledermatology
by store and forward. Services appropriately provided through the
store and forward process are subject to billing and reimbursement
policies developed by the department.
   (b) For purposes of this section, "teleophthalmology and
teledermatology by store and forward" means an asynchronous
transmission of medical information to be reviewed at a later time by
a physician at a distant site who is trained in ophthalmology or
dermatology or, for teleophthalmology, by an optometrist who is
licensed pursuant to Chapter 7 (commencing with Section 3000) of
Division 2 of the Business and Professions Code, where the physician
or optometrist at the distant site reviews the medical information
without the patient being present in real time. A patient receiving
teleophthalmology or teledermatology by store and forward shall be
notified of the right to receive interactive communication with the
distant specialist physician or optometrist, and shall receive an
interactive communication with the distant specialist physician or
optometrist, upon request. If requested, communication with the
distant specialist physician or optometrist may occur either at the
time of the consultation, or within 30 days of the patient's
notification of the results of the consultation. If the reviewing
optometrist identifies a disease or condition requiring consultation
or referral pursuant to Section 3041 of the Business and Professions
Code, that consultation or referral shall be with an ophthalmologist
or other appropriate physician and surgeon, as required.
   (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, and make specific this section
by means of all county letters, provider bulletins, and similar
instructions.
   (d) On or before January 1, 2008, the department shall report to
the Legislature the number and type of services provided, and the
payments made related to the application of store and forward
telemedicine as provided, under this section as a Medi-Cal benefit.
   (e) The health care provider shall comply with the informed
consent provisions of subdivisions (c) to (g), inclusive, of, and
subdivisions (i) and (j) of, Section 2290.5 of the Business and
Professions Code when a patient receives teleophthalmology or
teledermatology by store and forward.
   (f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.