Bill Text: CA AB2072 | 2011-2012 | Regular Session | Amended
Bill Title: Workers' compensation: acupuncturists.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB2072 Detail]
Download: California-2011-AB2072-Amended.html
BILL NUMBER: AB 2072 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY APRIL 9, 2012
INTRODUCED BY Assembly Member Eng
FEBRUARY 23, 2012
An act to amend Section 3209.3 of the Labor Code,
relating to workers' compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2072, as amended, Eng. Workers' compensation: acupuncturists.
Existing workers' compensation law generally requires employers to
secure the payment of workers' compensation, including medical
treatment, for injuries incurred by their employees that arise out
of, or in the course of, employment. Existing law prohibits an
acupuncturist, as defined, from being authorized to determine
disability for certain purposes relating to workers' compensation
disability payments and benefits. Existing law establishes the
Commission on Health and Safety and Workers' Compensation within the
Department of Industrial Relations. Under existing law, the duties of
the commission include conducting a continuing examination of the
workers ' compensation system, and of the state
's activities to prevent industrial injuries and
occupational diseases.
This bill would instead prohibit an acupuncturist from
being authorized to determine disability for these purposes unless he
or she is designated as a qualified medical evaluator pursuant to
specified provisions of law. The bill would also make technical
changes require the Commission on Health and Safety
and Workers' Compensation to submit to the Legislature, by December
31, 2013, an assessment of whether acupuncturists, and acupuncturists
who additionally have obtained qualified medical evaluator status,
possess the knowledge, skills, and abilities to conduct disability
evaluations in the workers' compensation system, and if not, the
additional training or certification that would be required to
achieve that status .
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. (a) The
Commission on Health and Safety and Workers' Compensation shall
submit to the Legislature, by December 31, 2013, an assessment of
whether acupuncturists, and acupuncturists who additionally have
obtained qualified medical evaluator status, currently possess the
knowledge, skills, and abilities to conduct disability evaluations in
the workers' compensation system, and if either category of
acupuncturist does not possess the necessary knowledge, skills, and
abilities, the additional training or certification that would be
required to achieve that status.
(b) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2017, pursuant to
Section 10231.5 of the Government Code.
(2) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
SECTION 1. Section 3209.3 of the Labor Code is
amended to read:
3209.3. (a) "Acupuncturist" means a person who holds an
acupuncturist's certificate issued pursuant to Chapter 12 (commencing
with Section 4925) of Division 2 of the Business and Professions
Code.
(b) "Physician" includes physicians and surgeons holding an M.D.
or D.O. degree, psychologists, acupuncturists, optometrists,
dentists, podiatrists, and chiropractic practitioners licensed by
California state law and within the scope of their practice as
defined by California state law.
(c) "Psychologist" means a licensed psychologist with a doctoral
degree in psychology, or a doctoral degree deemed equivalent for
licensure by the Board of Psychology pursuant to Section 2914 of the
Business and Professions Code, and who either has at least two years
of clinical experience in a recognized health setting or has met the
standards of the National Register of the Health Service Providers in
Psychology.
(d) When treatment or evaluation for an injury is provided by a
psychologist, provision shall be made for appropriate medical
collaboration when requested by the employer or the insurer.
(e) Nothing in this section shall be construed to authorize an
acupuncturist to determine disability for the purposes of Article 3
(commencing with Section 4650) of Chapter 2 of Part 2, or under
Section 2708 of the Unemployment Insurance Code, unless he or she is
designated as a qualified medical evaluator under Section 139.2.
