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Long-Fought Nurse Practitioner Independence Bill Heads to Newsom

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SACRAMENTO 鈥 After years of failed attempts and vociferous opposition, California lawmakers on Monday聽adopted a measure to grant nurse practitioners the ability to practice without doctor supervision 鈥 but only after making big concessions to the powerful doctors鈥 lobby, which nonetheless remains opposed.

The bill now heads to Gov. Gavin Newsom for consideration, fenced in by amendments that would stringently limit how much independence nurse practitioners 鈥 nurses with advanced training and degrees 鈥 can have to practice medicine.

Lawmakers credit these compromises, like them or not, for finally allowing them to push the issue over the finish line, capping years of political scrapping and perhaps one day altering the delivery of health care in California.

鈥淭his is not an intrusion on a hallowed profession, it鈥檚 a relief,鈥 said state Sen. John Moorlach (R-Costa Mesa), one of four Republican senators who voted for the bill. Moorlach said the measure would get more practitioners into underserved areas that don鈥檛 have enough doctors.

鈥淚t鈥檚 like the cavalry coming up over the hill to provide reinforcements to a tired army of wonderful and overworked doctors,鈥 he said.

California is behind most other states in empowering nurse practitioners. If the bill becomes law, the state would join nearly 40 others to grant some level of independence to nurse practitioners; , according to the American Association of Nurse Practitioners. California would have among the most restrictive policies on nurse practitioner independence in the country.

鈥淚鈥檓 not going to say I regret any of these changes,鈥 said Assembly member Jim Wood (D-Santa Rosa), who chairs the Assembly Health Committee and authored the bill, AB-890.

Wood opposed previous attempts to remove supervision requirements.

鈥淚 wish it could be a little less strict, quite frankly,鈥 he said, adding that this was a reasonable compromise informed by his experiences as a dentist and what he learned from other providers.

Today, nurse practitioners must enter into a written agreement with a physician to oversee their work with patients. In exchange, physicians bill them between $5,000 and $15,000 per year, according to by the California Health Care Foundation and the University of California-San Francisco. (California Healthline is an editorially independent service of the California Health Care Foundation.)

鈥淲here we are with the pandemic and the craziness of the world today, it highlights why there鈥檚 a need for this,鈥 said Andrew Acosta, a spokesperson for the California Association for Nurse Practitioners. 鈥淭he doctor shortage isn鈥檛 going away anytime soon.鈥

Under Wood鈥檚 measure, nurse practitioners would be able to see patients in their own practice, but only after working under physician supervision for at least three years. The bill also contains many other restrictions.

Nurse practitioners argue that the measure, even with its limitations, would ease primary care shortages, especially in rural areas 鈥 a problem the pandemic has made more stark.

Opponents, primarily the powerful California Medical Association, which is the doctors鈥 lobbying group, counter that stripping nurse practitioners of physician oversight would lead to a lower standard of care, and that nurse practitioners wouldn鈥檛 necessarily flock to rural areas once they鈥檙e free of physician supervision.

These arguments aren鈥檛 new in Sacramento, but lawmakers and lobbyists say this version of the bill succeeded because there are new leaders at the helm of influential legislative committees who were willing to make changes, and because the pandemic has changed health care.

鈥淚 think the legislature is starting to realize decades of evidence that nurse practitioners are safe, productive providers,鈥 said Ed Hernandez, a former legislator who was termed out in 2018 and authored the last two failed bills. 鈥淚 think the policy is finally overshadowing the politics鈥 of the California Medical Association.

Still, the biggest difference this year is the bill itself. Hernandez鈥檚 bills, introduced in 2013 and 2015, were 鈥渃lean鈥 bills that granted independence to nurse practitioners without many requirements.

There鈥檚 nothing clean about Wood鈥檚 bill, which was heavily amended in the state Senate. Instead of simply lifting the supervision requirements on nurse practitioners, the measure imposes several hoops for nurse practitioners to jump through. Before they could practice independently, nurse practitioners would have to be certified by preapproved national nursing boards, and possibly complete additional California-specific testing if accredited out of state.

Once certified, they would have to practice under physician supervision for at least three years 鈥 up to six in some cases 鈥 before they could strike out on their own. And they would have to disclose to patients that they aren鈥檛 doctors.

The bill even prescribes a Spanish phrase for 鈥渘urse practitioner鈥: enfermera especializada. (Technically, this refers to a female nurse. The bill doesn鈥檛 provide the equivalent phrase for a male nurse.)

That鈥檚 not even all the amendments 鈥 and the measure wouldn鈥檛 take effect until 2023.

The requirements were inserted in response to criticism from the California Medical Association that nurse practitioners are not qualified to provide patient care without physician oversight, and that patients wouldn鈥檛 understand that they鈥檙e seeing someone with less training than a doctor, lawmakers said.

Despite the numerous amendments, the association remains opposed, saying the changes don鈥檛 address their fundamental concerns.

鈥淲e鈥檝e increased the training required for physicians over the last couple years and now all of a sudden we鈥檙e allowing unsupervised providers to treat patients who have even less training,鈥 said association spokesperson Anthony York.

Rounds of negotiations, major concessions and hourslong Zoom calls still could not get the doctors鈥 group on board, Wood said.

He said it was like chasing 鈥済oalposts that continue to move.鈥

鈥淚t鈥檚 very disappointing when you work with opposition and nothing is ever good enough,鈥 Wood said. 鈥淐MA will never support this bill. They鈥檒l never go neutral on it.鈥

York said that characterization is not accurate. He pointed to a different bill 鈥 鈥 that would allow certified nurse midwives to attend to low-risk pregnancies without physician supervision. The association was initially opposed, but after negotiations and amendments to the bill, it changed its position to neutral. That bill is also headed to Newsom.

鈥淵ou don鈥檛 have to look too far to find a case where we were willing to engage on a scope-of-practice issue,鈥 York said.

David McCuan, a political science professor at Sonoma State University, called the association鈥檚 inability to kill Wood鈥檚 bill a political 鈥渨atershed moment鈥 for the group.

鈥淭heir M.O. for 70 years has been about blocking, stunting and preventing change,鈥 McCuan said. 鈥淭he deference toward the medical profession has changed. In that sense, it would be a momentous event if this is signed.鈥

Though the California Association for Nurse Practitioners is celebrating legislative passage of the measure, even in its amended form, it鈥檚 a different story at the national level. Sophia Thomas, president of the American Association of Nurse Practitioners, said in a statement that the bill is choked by too much red tape to provide any meaningful change.

鈥淐alifornia鈥檚 so-called 鈥榮olution,鈥 the flawed AB-890, would establish a cascading set of new restrictions on NP practice that would maintain California鈥檚 position among the most heavily regulated and restrictive in the nation,鈥 Thomas said.

State Sen. Richard Pan (D-Sacramento), a pediatrician who chairs the Senate Health Committee, said he also opposed the bill, but not simply because he is a doctor or a member of the California Medical Association.

Yet many of his objections reflect those of the association, such as concerns about training and access to care in rural areas.

He also believes independence for nurse practitioners could exacerbate inequalities in the health care system, as people with less means see providers with less training.

鈥淧eople with more resources are going to go with the person they think is more qualified. That鈥檚 just the way it tends to happen,鈥 Pan said.

California Healthline鈥檚 Angela Hart contributed to this report.

This story was produced by聽, which publishes聽, an editorially independent service of the聽.

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