CMA’s government relations team in the last two weeks derailed a number of bills that would have harmed physicians, violated the doctor-patient relationship, and negatively impacted the practice of medicine.

OFF-LABEL PRESCRIPTIONS: CMA successfully negotiated the withdrawal of a bill (AB 2856) that would have required physicians who prescribe a drug for a use not indicated on the Food and Drug Administration label to inform patients of the drug’s “off-label” status and obtain patients’ “informed consent” before writing an off-label prescription.

CMA was able to convince the bill’s author (Assemblymember Loni Hancock) that creating this unnecessary legal burden could discourage physicians from prescribing, and patients from using, medically necessary medications. The author withdrew the bill last week. Physicians spoke against this bill during meetings with legislators as part of the Legislative Leadership Conference in April.

ACUPUNCTURE TRAINING FOR PHYSICIANS: CMA also stopped a bill that would have required physicians who practice acupuncture to take 3,000 hours of additional training and be licensed by the California Acupuncture Board. The bill (AB 2152 by Assemblymember Wilma Chan) was a brazen attempt to curtail the plenary license of physicians. The bill died in the Assembly Business and Professions Committee.

FETAL PAIN: CMA defeated a bill that would have required physicians performing abortions to provide patients with information and counseling on fetal pain. The bill would also have required the California Department of Health Services (DHS) to develop a brochure and waiver form for pregnant women. The bill’s premise is unsupported by medical evidence and its passage would be a troubling intrusion into the physician-patient relationship. The bill (AB 2512 by Assemblymember Sharon Runner) was defeated on a 3-11 vote in the Assembly Health Committee.

HIV EDUCATION: CMA stopped a bill that would have required physicians to distribute information on HIV and AIDS to any woman seeking a gynecological exam or family planning services. CMA opposed the bill as an unnecessary mandate for physicians, and argued that it should be left to a physician to determine a woman’s specific needs and health risks for discussion. The bill also lacked clear direction about who would develop the materials or how they would be distributed to physicians. The bill (AB 2203 by Assemblymember Bonnie Garcia) was defeated in the Assembly Health Committee.

More information on these and other bills of interest to physicians is available in CMA's Legislative Hot List.

Contact: Susan Bassett, 916/444-5532 or sbassett@cmanet.org.