Proposed Regulations Would Expand Health Professionals’ Scope of Practice and Weaken Medical Staff Self-Governance
[Posted 09/02/08]

The California Department of Public Health (CDPH) recently proposed regulations that would expand the scope of practice of psychologists and potentially all other health care practitioners working in licensed health care facilities. The regulations—intended to clarify state law as it applies to medical staff membership and privileges for psychologists—would weaken medical staff self-governance rights and could be broadly interpreted to allow unqualified health care professionals to carry out the duties of a physician or surgeon.

The proposed regulations could, among other things, allow nonphysician practitioners to admit patients, perform medical examinations, place patients in restraints, complete medical records, coordinate care, and order transfers. The regulations also circumvent the self-governance rights of medical staffs to establish and enforce the rules, regulations, criteria, and standards for medical staff membership and privileges.

CMA believes that these regulations exceed what is required by state law. The regulations would require that medical staff membership be available to psychologists if the hospital provides clinical psychology services. However, state law requires medical staff membership be open to psychologists in state hospitals only and limits their participation to specific medical staff committees.

CMA is prepared to fight the proposed regulations through the regulatory process by teaming with specialty groups to ensure that the state understands the severe impact that these regulations will have on patient care and medical staff independence. CMA is also exploring legal options should the regulations be adopted as proposed.

Click here to read the proposed regulations.

Contact: Delilah Clay, 916/551-2658 or dclay@cmanet.org