AB 826: Podiatric medicine: continuing education.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-07-27
Current Status:
Passed
(2023-07-27: Chaptered by Secretary of State - Chapter 122, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Medical Practice Act, establishes within the Department of Consumer Affairs the Podiatric Medical Board of California to license and regulate the practice of podiatric medicine. Existing law requires the board to adopt and administer regulations requiring continuing education of doctors of podiatric medicine and requires those licensees to demonstrate satisfaction of continuing education requirements and one of specified listed requirements at each license renewal.
This bill would delete the requirement that licensees demonstrate satisfaction of the continuing education requirements and one of specified listed requirements at each license renewal.
Existing law, the Medical Practice Act, establishes within the Department of Consumer Affairs the Podiatric Medical Board of California to license and regulate the practice of podiatric medicine. Existing law requires the board to adopt and administer regulations requiring continuing education of doctors of podiatric medicine and requires those licensees to demonstrate satisfaction of continuing education requirements and one of specified listed requirements at each license renewal.
This bill would delete the requirement that licensees demonstrate satisfaction of the continuing education requirements and one of specified listed requirements at each license renewal.
Existing law, the Medical Practice Act, establishes within the Department of Consumer Affairs the Podiatric Medical Board of California to license and regulate the practice of podiatric medicine. Existing law requires the board to adopt and administer regulations requiring continuing education of doctors of podiatric medicine and requires those licensees to demonstrate satisfaction of continuing education requirements and one of specified listed requirements at each license renewal.
This bill would delete the requirement that licensees demonstrate satisfaction of the continuing education requirements and one of specified listed requirements at each license renewal.
In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board shall adopt and administer regulations requiring continuing education of those licensees.
In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board shall adopt and administer regulations requiring continuing education of those licensees.
In order to ensure the continuing competence of persons licensed to practice podiatric medicine, the board shall adopt and administer regulations requiring continuing education of those licensees. The board shall require those licensees to demonstrate satisfaction of the continuing education requirements and one of the following requirements at each license renewal:
(a)Passage of an examination administered by the board within the past 10 years.(b)Passage of an examination administered by an approved specialty certifying board within the past 10 years.(c)Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years.(d)Recertification of current status by an approved specialty certifying board within the past 10 years.(e)Successful completion of an approved residency or fellowship program within the past 10 years.(f)Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California.(g)Successful completion within the past five years of an extended course of study approved by the board.(h)Passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners.|
Date
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Status
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|---|---|
| Jul 27, 2023 | Chaptered by Secretary of State - Chapter 122, Statutes of 2023. |
| Jul 27, 2023 | Approved by the Governor. |
| Jul 25, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Jul 13, 2023 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 2036.). |
| Jul 5, 2023 | Read second time. Ordered to Consent Calendar. |
| Jul 3, 2023 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 19, 2023 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 14, 2023 | In committee: Hearing postponed by committee. |
| May 10, 2023 | Referred to Com. on B., P. & E. D. |
| Apr 27, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1364.) |
| Apr 20, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 19, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 19). |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (March 28). Re-referred to Com. on APPR. |
| Feb 23, 2023 | Referred to Com. on B. & P. |
| Feb 14, 2023 | From printer. May be heard in committee March 16. |
| Feb 13, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Jul 13, 2023 | Consent Calendar AB826 Chen | Senate Floor |
Passed |
|
| Jun 19, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Apr 27, 2023 | AB 826 Chen Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
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Position
|
Date
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|---|---|---|
| california board of podiatric medicine | ** Support | |
| California Podiatric Medical Association | ** Support | |
| Podiatric Medical Board of California | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 826 |
CONSENT
Bill No: AB 826
Author: Chen (R)
Introduced: 2/13/23
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 6/19/23
AYES: Roth, Nguyen, Alvarado-Gil, Archuleta, Ashby, Dodd, Eggman, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk
NO VOTE RECORDED: Becker
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote
SUBJECT: Podiatric medicine: continuing education
SOURCE: Author
DIGEST:
This bill deletes certain requirements for doctors of podiatric medicine (DPM) to meet at the time of license renewal.
ANALYSIS:
Existing law:
- Defines “podiatric medicine” as the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. (BPC § 2472(b))
- Requires the Podiatric Medical Board of California (PMBC) to adopt and administer regulations requiring continuing education (CE) of DPMs. (BPC § 2496)
- Requires DPMs to complete 50 hours of PMBC-approved continuing education, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. (California Code of Regulations, Title 16, § 1399.669(a))
- Requires the PMBC to require DPMs to demonstrate compliance with the CE requirements and one of eight additionally listed requirements at each license renewal. (BPC §2496(a)-(h))
- Passage of an examination administered by the PMBC within the past 10 years. (BPC § 2496(a))
- Passage of an examination administered by an approved specialty certifying board within the past 10 years. (BPC § 2496(b))
- Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years. (BPC § 2496(c))
- Recertification of current status by an approved specialty certifying board within the past 10 years. (BPC § 2496(d))
- Successful completion of an approved residency or fellowship program within the past 10 years. (BPC § 2496(e))
- Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California. (BPC § 2496(f))
- Successful completion within the past five years of an extended course of study approved by the PMBC. (BPC § 2496(g))
- Passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners. (BPC § 2496(h))
This bill deletes the requirement that the PBMC require DPMs to demonstrate completion of one of the continuing competence license renewal requirements that are listed, in addition to the continuing education requirement.
Background
PMBC is tasked with oversight of practitioners of podiatric medicine (podiatrists) and administers and enforces the laws relating to licensure. Podiatric medicine is a branch of medicine that focuses on the foot and ankle. In California, it is defined as “the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot” (Business and Professions Code [BPC] § 2472(b)). It is unlawful to practice podiatric medicine without a license and licensed podiatrists are known as Doctors of Podiatric Medicine (DPMs).
PMBC currently licenses over 2,000 podiatric practitioners statewide. DPMs are licensed to diagnose and treat conditions affecting the foot, ankle and related structures including the tendons that insert into the foot, and to diagnose and provide medical treatment of the muscles and tendons of the leg through all nonsurgical means and modalities. Unlike a physician and surgeon, whose scope is only limited by the licensee’s own area of competence, a DPM’s scope is statutorily limited to the foot and ankle. DPMs are authorized to perform surgeries within their scope of practice, including surgical treatment of the ankle and tendons at the level of the ankle, in certain locations, such as a licensed general acute care hospital, and a partial amputation of the foot no further proximal than the Chopart’s joint. They are also authorized to perform services under the direct supervision of a physician and surgeon, as an assistant at surgery, in surgical procedures that are otherwise beyond a DPM’s scope of practice.
PMBC requires of 50 hours of approved CME every two years, including a minimum of 12 hours in subjects relating to the lower extremity muscular skeletal system. As noted previously, in addition to completing 50 hours of approved CME, licensees must also satisfy one of eight statutorily specified continuing competence pathways.
Licensees are required to submit proof of compliance with these requirements every two years as a condition of license renewal, although PMBC has regulatory discretion to waive CE requirements temporarily or permanently if the individual applies demonstrates an inability to comply related to retirement, health, military service, or undue hardship. PMBC verifies CE and mandated continuing competency requirements through licensee self-reporting; licensees submit a signed declaration of compliance to PMBC under penalty of perjury during each two-year renewal period for every licensee. PMBC is authorized to audit a random sample of its licensees to confirm compliance with CE and continuing competency requirements, once each year. PMBC approves CE course providers and organizations and institutions that offer CE. While PMBC does not actively audit CE providers, the PMBC advises that its policy is to withdraw the approval of any individual, organization, institution or other CE provider that does not comply with PMBC course criteria requirements.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 7/5/23)
California Podiatric Medical Association
Podiatric Medical Board of California
OPPOSITION: (Verified 7/5/23)
None received
ARGUMENTS IN SUPPORT: PMBC and the California Podiatric Medical Association state that when BPC Section 2496(a-h) became effective in 1999, “some DPMs were surgically trained, and others were not, dependent upon their year of graduation from podiatric medical school. At the time, the Board adopted additional renewal requirements beyond those that still exist today…the concerns from 25 years ago are no longer present...”
ASSEMBLY FLOOR: 79-0, 4/27/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Jim Patterson
Prepared by: Sarah Mason / B., P. & E.D. /
7/5/23 14:50:55
**** END ****
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Richard Roth, Chair
2023 - 2024 Regular
Bill No: Hearing Date: June 19, 2023
Author: | |||
Version: | February 13, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Sarah Mason | ||
Subject:
SUMMARY:
Deletes certain requirements for doctors of podiatric medicine (DPM) to meet at the time of license renewal.
Existing law:
- Defines “podiatric medicine” as the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. (BPC § 2472(b))
- Requires the PMBC to adopt and administer regulations requiring continuing education of DPMs. (BPC § 2496)
- Requires DPMs to complete 50 hours of PMBC-approved continuing education, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. (California Code of Regulations, Title 16, § 1399.669(a))
- Requires the PMBC to require DPMs to demonstrate compliance with the CE requirements and one of eight additionally listed requirements at each license renewal. (BPC §2496(a)-(h))
- Passage of an examination administered by the PMBC within the past 10 years. (BPC § 2496(a))
- Passage of an examination administered by an approved specialty certifying board within the past 10 years. (BPC § 2496(b))
- Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years. (BPC § 2496(c))
- Recertification of current status by an approved specialty certifying board within the past 10 years. (BPC § 2496(d))
- Successful completion of an approved residency or fellowship program within the past 10 years. (BPC § 2496(e))
- Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California. (BPC § 2496(f))
- Successful completion within the past five years of an extended course of study approved by the PMBC. (BPC § 2496(g))
- Passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners. (BPC § 2496(h))
This bill deletes the requirement that the PBMC require DPMs to demonstrate completion of one of the continuing competence license renewal requirements that are listed, in addition to the continuing education requirement.
FISCAL EFFECT:
This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations, PMBC expects an insignificant decrease in workload, and no cost increase or decrease.
COMMENTS:
- Purpose. PMBC and the California Podiatric Medical Association are the sponsors of this bill. According to the Author, “The current additional renewal requirements may act as a barrier to applicants to the Board, it is out of sync with MBC, and an anomaly among other podiatric medical boards across the United States. The Board has concerns that its unique and burdensome renewal requirements, that have never been proven to be effective, could discourage applicants…By the deletion of BPC 2496 (a-h) the Board will meet its Mission and remain up-to-date. DPMs in California will no longer be required to meet arbitrary and burdensome renewal requirements that are not in line with MBC or other podiatric medical boards across the United States.”
- Background.
PMBC. PMBC is tasked with oversight of practitioners of podiatric medicine (podiatrists) and administers and enforces the laws relating to licensure. Podiatric medicine is a branch of medicine that focuses on the foot and ankle. In California, it is defined as “the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot” (Business and Professions Code [BPC] § 2472(b)). It is unlawful to practice podiatric medicine without a license and licensed podiatrists are known as Doctors of Podiatric Medicine (DPMs).
PMBC currently licenses over 2,000 podiatric practitioners statewide. DPMs are licensed to diagnose and treat conditions affecting the foot, ankle and related structures including the tendons that insert into the foot, and to diagnose and provide medical treatment of the muscles and tendons of the leg through all nonsurgical means and modalities. Unlike a physician and surgeon, whose scope is only limited by the licensee’s own area of competence, a DPM’s scope is statutorily limited to the foot and ankle. DPMs are authorized to perform surgeries within their scope of practice, including surgical treatment of the ankle and tendons at the level of the ankle, in certain locations, such as a licensed general acute care hospital, and a partial amputation of the foot no further proximal than the Chopart’s joint. They are also authorized to perform services under the direct supervision of a physician and surgeon, as an assistant at surgery, in surgical procedures that are otherwise beyond a DPM’s scope of practice.
PMBC requires of 50 hours of approved CME every two years, including a minimum of 12 hours in subjects relating to the lower extremity muscular skeletal system. As noted previously, in addition to completing 50 hours of approved CME, licensees must also satisfy one of eight statutorily specified continuing competence pathways.
Licensees are required to submit proof of compliance with these requirements every two years as a condition of license renewal, although PMBC has regulatory discretion to waive CE requirements temporarily or permanently if the individual applies demonstrates an inability to comply related to retirement, health, military service, or undue hardship. PMBC verifies CE and mandated continuing competency requirements through licensee self-reporting; licensees submit a signed declaration of compliance to PMBC under penalty of perjury during each two-year renewal period for every licensee. PMBC is authorized to audit a random sample of its licensees to confirm compliance with CE and continuing competency requirements, once each year. PMBC approves CE course providers and organizations and institutions that offer CE. While PMBC does not actively audit CE providers, the PMBC advises that its policy is to withdraw the approval of any individual, organization, institution or other CE provider that does not comply with PMBC course criteria requirements.
- Arguments in Support. PMBC and the California Podiatric Medical Association state that when BPC 2496(a-h) became effective in 1999, “some DPMs were surgically trained, and others were not, dependent upon their year of graduation from podiatric medical school. At the time, the Board adopted additional renewal requirements beyond those that still exist today…the concerns from 25 years ago are no longer present...”
SUPPORT AND OPPOSITION:
Support:
California Podiatric Medical Association
Podiatric Medical Board of California
Opposition:
None received
-- END --
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 826
Author:(Chen) – As Introduced Ver:February 13, 2023
Policy Committee: | Business and Professions | Vote: | 18 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill deletes the requirement that licensed doctors of podiatric medicine (DPMs), at each license renewal, satisfy one of the eight continuing competence requirements listed under the Medical Practice Act.
FISCAL EFFECT:
The Osteopathic Medical Board (OMB) anticipates minor and absorbable costs and the Medical Board of California (MBC) expects no costs.
The Podiatric Medical Board of California (PMBC) expects an insignificant decrease in workload, and no cost increase or decrease.
COMMENTS:
- Purpose. This bill is sponsored by the PMBC. According to the author:
[This bill] will modernize renewal requirements for [DPMs] by standardizing the curriculum taught to each medical degree. Business and Professions Code [Section 2496]… is considered to be outdated for this profession and burdensome for applicants to the [PMBC]. This code went into effect in 1999 when some DPMs were surgically trained, and others were not,…which was dependent on when they graduated from podiatric medical school. Deleting this code…is a needed update to this profession which has been done across the country.
- Background.
- DPM Licensing Requirements. DPMs are licensed and regulated by the PMBC and are required by state law to renew their licenses every two years. At the time of renewal, DPMs must complete 50 hours of PMBC-approved continuing education coursework, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. The goal of the continuing education requirements is to support ongoing competence as podiatric medicine develops.
- Continuing Competence Pathways. After 1998, renewing DPMs were required to complete one of seven additional requirements, currently called “continuing competence pathways” in the PMBC’s regulations. According to the PMBC, the pathways were part of a unique pilot program to address disparities in podiatric training and assist with professional acceptance and hospital privileging. The PMBC had recommended the additional requirements during the PMBC’s 1996-97 Sunset Review. The Joint Legislative Sunset Review Committee (JLSRC) adopted the recommendation, and the proposal was included in the 1998 Sunset Review bill. The JLSRC added an eighth pathway in 2002.
- DPM Licensing Requirements. DPMs are licensed and regulated by the PMBC and are required by state law to renew their licenses every two years. At the time of renewal, DPMs must complete 50 hours of PMBC-approved continuing education coursework, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. The goal of the continuing education requirements is to support ongoing competence as podiatric medicine develops.
In 2021, the PMBC voted to delete the additional requirements for renewal but maintain the 50 hours of continuing education requirement. According to the PMBC:
When [the requirements] became effective in 1999, some DPMs were surgically trained, and others were not, dependent upon their year of graduation from podiatric medical school…The concerns from 25 years ago are no longer present and the [PMBC] no longer supports the additional renewal requirements…The [PMBC’s] discussion included the fact that these additional renewal requirements could be viewed as a restraint on trade and the [PMBC] would like to modernize its renewal requirements to remain consistent with other podiatric medical boards and the other healthcare boards in California.”
Analysis Prepared by: Allegra Kim / APPR. / (916) 319-2081
Date of Hearing:
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Marc Berman, Chair
ABPCA Bill Id:AB 826
Author:(Chen) – As Introduced Ver:February 13, 2023
SUBJECT: Podiatric medicine: continuing education.
SUMMARY: Deletes the requirement that licensed doctors of podiatric medicine (DPMs), at each license renewal, satisfy one of the eight continuing competence requirements listed under the Medical Practice Act.
EXISTING LAW:
- Regulates the practice of podiatric medicine under the Medical Practice Act. (Business and Professions Code (BPC) §§ 2460-2499.8)
- Establishes the Podiatric Medical Board of California (PMBC) within the Department of Consumer Affairs to license DPMs and administer and enforce the podiatric medicine provisions of the Medical Practice Act. (BPC §§ 2460-2471)
- Defines “podiatric medicine” as the diagnosis, medical, surgical, mechanical, manipulative, and electrical treatment of the human foot, including the ankle and tendons that insert into the foot, and the nonsurgical treatment of the muscles and tendons of the leg governing the functions of the foot. (BPC § 2472(b))
- Requires the PMBC to adopt and administer regulations requiring continuing education of DPMs. (BPC § 2496)
- Requires DPMs to complete 50 hours of PMBC-approved continuing education, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. (California Code of Regulations, Title 16, § 1399.669(a))
- Requires the PMBC to require DPMs to demonstrate compliance with the continuing education requirements and one of eight additionally listed requirements at each license renewal. (BPC §2496(a)-(h))
- Passage of an examination administered by the PMBC within the past 10 years. (BPC § 2496(a))
- Passage of an examination administered by an approved specialty certifying board within the past 10 years. (BPC § 2496(b))
- Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years. (BPC § 2496(c))
- Recertification of current status by an approved specialty certifying board within the past 10 years. (BPC § 2496(d))
- Successful completion of an approved residency or fellowship program within the past 10 years. (BPC § 2496(e))
- Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California. (BPC § 2496(f))
- Successful completion within the past five years of an extended course of study approved by the PMBC. (BPC § 2496(g))
- Passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners. (BPC § 2496(h))
THIS BILL:
- Deletes the requirement that the PBMC require DPMs to demonstrate completion of one of the continuing competence license renewal requirements that are listed in addition to the continuing education requirement.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is sponsored by the Podiatric Medical Board of California. According to the author, “[This bill] will modernize renewal requirements for Doctors of Podiatric Medicine (DPM) by standardizing the curriculum taught to each medical degree. Business and Professions Code (a-h) is a code that is considered to be outdated for this profession and burdensome for applicants to the Podiatric Medical Board of California. This code went into effect in 1999 when some DPMs were surgically trained, and others were not, all of which was dependent on when they graduated from podiatric medical school. Deleting this code, which is what this bill does, is a needed update to this profession which has been done across the country.”
Background. DPMs are healthcare providers who practice medicine on the human foot, including the ankle and tendons that insert into the foot. They may also provide nonsurgical and limited surgical treatment of the muscles and tendons of the leg governing the functions of the foot, including wound care for ulcers.
DPMs are licensed and regulated by the PMBC and are required to renew their licenses every two years. At the time of renewal, DPMs must complete 50 hours of PMBC-approved continuing education coursework, including a minimum of 12 hours in subjects related to the lower extremity muscular-skeletal system. The goal of the continuing education requirements, like in other professions, is to support ongoing competence as the podiatric medical field develops.
Expanded Continuing Competence. After 1998, renewing DPMs were also required to complete one of several additional requirements, currently called “continuing competence pathways” in the PMBC’s regulations. According to the PMBC, the pathways were part of a unique pilot program to address disparities in podiatric training, assist with professional acceptance, and hospital privileging.
The PMBC first recommended the expanded requirements to the Joint Legislative Sunset Review Committee (JLSRC) during its 1996-97 Sunset Review. At the time, committee staff recommended supporting the PMBC’s recommendation in concept, but that the PMBC should indicate what the impact would be on current licensees attempting to fulfill the new requirements before any proposal was adopted. The JLSRC adopted the recommendation, and the proposal was included in the 1998 Sunset Review bill.
The seven initial requirements were:
- Passage of an examination administered by the PMBC within the past 10 years.
- Passage of an examination administered by an approved specialty certifying board within the past 10 years.
- Current diplomate, board-eligible, or board-qualified status granted by an approved specialty certifying board within the past 10 years.
- Recertification of current status by an approved specialty certifying board within the past 10 years.
- Successful completion of an approved residency or fellowship program within the past 10 years.
- Granting or renewal of current staff privileges within the past five years by a health care facility that is licensed, certified, accredited, conducted, maintained, operated, or otherwise approved by an agency of the federal or state government or an organization approved by the Medical Board of California.
- Successful completion of an approved course of study of at least four weeks’ duration at an approved school within the past five years.
Difficulties with Expanded Competency Pathways. The issue was raised again during the JLSRC 2001-02 Sunset Review of the PMBC. At the time, the PMBC continued to support the new competency requirements, however, committee staff noted that some licensees were having difficulty meeting the new requirements.
DPMs who had been licensed for more than 10 years, had no peer-reviewed hospital privileges, and were not board certified, were required to either take the PMBC’s licensing examination or complete a special training course sponsored by a PMBC-approved school. However, the examination was the only actual choice for those licensees. While the PMBC had approved a program at two different institutions, the PMBC noted that administrative transitions at both of those institutions had hampered the program's development.
As a result, the JLSRC recommended that the PMBC’s continuing competency program be refined to provide additional pathways and ease compliance for those licensees. The resulting change in the 2002 Sunset Review bill was the eighth pathway in current law: passage within the past 10 years of Part III of the examination administered by the National Board of Podiatric Medical Examiners.
At the time, the PMBC’s eventual goal was still to eventually tighten the pathways as licensees grew accustomed to the new requirements, but the new pathway was intended to at least provide the PMBC an alternative to waiving the requirement or terminating the licenses of older practitioners.
Ongoing Need for Continuing Competency Pathways. On March 12, 2021, the PMBC voted to delete the additional requirements for renewal but maintain the 50 hours of continuing education requirement. According to the PMBC, “When [the requirements] became effective in 1999, some DPMs were surgically trained, and others were not, dependent upon their year of graduation from podiatric medical school…. The concerns from 25 years ago are no longer present and the Podiatric Medical Board of California no longer supports the additional renewal requirements…. The Board's discussion included the fact that these additional renewal requirements could be viewed as a restraint on trade and the Board would like to modernize its renewal requirements to remain consistent with other podiatric medical boards and the other healthcare boards in California.”
Prior Related Legislation. SB 1236 (Price), Chapter 332, Statutes of 2012, among numerous other changes related to Senate Committee on Business and Professions Sunset Review recommendations, deleted a redundant reference to the Administrative Procedures Act in the section amended under this bill.
SB 1955 (Figueroa), Chapter 1150, Statutes of 2002, among numerous other changes related to the JLSRC Sunset Review recommendations, added the National Board of Podiatric Medical Examiners competency pathway and amended the course of study competency pathway by replacing the requirement that the course be at least four weeks duration with the requirement that the course be an “extended” course.
SB 1981 (Greene), Chapter 736, Statutes of 1998, among numerous other changes related to the JLSRC Sunset Review Hearing recommendations, first added the continuing competence requirements being deleted under this bill.
ARGUMENTS IN SUPPORT:
The California Podiatric Medical Association (co-sponsor) writes in support, “When these requirements became effective in 1999, some DPMs were surgically trained, and others were not, dependent upon their year of graduation from podiatric medical school. At the time, the Board adopted additional renewal requirements beyond those that still exist today. However, with the advancements in podiatric training and education, these concerns from 25 years ago are no longer present. Efforts to advance podiatric training and education include a standardization of podiatric residencies which now require mandatory, three-year, comprehensive programs and that all DPMs are surgically trained. The current training of DPMs is comparable to that of medicine’s 4-4-3 model – four years of undergraduate education, followed by four years of podiatric medical school and three years of residency training, with an optional fellowship year.”
ARGUMENTS IN OPPOSITION:
None on file
REGISTERED SUPPORT:
California Board of Podiatric Medicine (sponsor)
California Podiatric Medical Association (co-sponsor)
REGISTERED OPPOSITION:
None on file
Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):