John McDougall MD authored a bill in the California legislation, SB 380. This bill would require all medical doctors in the state of California to include a course on nutrition as part of their continuing medical education.
The bill was strongly opposed by the California Medical Association, on the grounds that the legislature should not be telling doctors “how to practice medicine.” A version of the bill modified from the initial draft passed the committee on Monday, May 2, 2011.
BILL NUMBER: SB 380 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2011
AMENDED IN SENATE APRIL 7, 2011
AMENDED IN SENATE MARCH 23, 2011
INTRODUCED BY Senator Wright
FEBRUARY 15, 2011
An act to add Section 2190.7 to amend
Section 2190 of the Business and Professions Code, relating to
medicine.
LEGISLATIVE COUNSEL'S DIGEST
SB 380, as amended, Wright. Continuing education:
nutrition course. medical education.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Under that act, the board is required to adopt and
administer standards for the continuing education of physicians and
surgeons. Existing law requires physicians and surgeons to complete a
mandatory continuing education course in the subjects of pain
management and the treatment of terminally ill and dying patients,
except that it does not apply to physicians and surgeons practicing
in pathology or radiology specialty areas.
This bill would require specified physicians and
surgeons to complete, by December 31, 2016, or as otherwise
specified, a mandatory continuing education course in the subject of
nutrition and lifestyle behavior for the prevention and treatment of
chronic diseases, except that it would not apply to physicians and
surgeons practicing in pathology or radiology specialty areas or who
do not reside in California authorize the board to
also set content standards for an educational activity concerning
chronic disease, as specified .
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. The Legislature finds and declares all of the
following:
(a) In 2008, U.S. health care spending was about $7,681 per
resident and accounted for 16.2 percent of the nation's gross
domestic product; this is among the highest of all industrialized
countries. Expenditures in the United States on health care surpassed
$2.3 trillion in 2008, more than three times the $714 billion spent
in 1990, and over eight times the $253 billion spent in 1980.
(b) It is estimated that health care costs for chronic disease
treatment account for over 75 percent of national health
expenditures.
(c) Seven out of 10 deaths among Americans each year are from
chronic diseases. Heart disease, cancer, and stroke account for more
than 50 percent of all deaths each year.
(d) The last major report from the World Health Organization in
March 2003 concluded diet was a major factor in the cause of chronic
diseases.
(e) Dramatic increases in chronic diseases have been seen in Asian
countries since the end of WWII with the increase in the gross
national product and change to the western diet.
(f) Only 19 percent of students believed that they had been
extensively trained in nutrition counseling. Fewer than 50 percent of
primary care physicians include nutrition or dietary counseling in
their patient visits.
(g) Practicing physicians continually rate their nutrition
knowledge and skills as inadequate. More than one-half of graduating
medical students report that the time dedicated to nutrition
instruction is inadequate.
SEC. 2. Section 2190.7 is added to the Business
and Professions Code, to read:
2190.7. (a) All practicing primary care physicians and all other
physicians and surgeons who provide care or consultation for chronic
diseases shall complete a mandatory continuing education course in
the subject of nutrition and lifestyle behavior for the prevention
and treatment of chronic diseases. For the purposes of this section,
this course shall be a one-time requirement of seven credit hours
within the required minimum established by regulation, to be
completed by December 31, 2016.
(b) All physicians and surgeons subject to subdivision (a) who are
licensed on and after January 1, 2012, shall complete this
requirement within four years of their initial license or by their
second renewal date, whichever occurs first. The board may verify
completion of this requirement on the renewal application form.
(c) This section shall not apply to physicians and surgeons
practicing in pathology or radiology specialty areas or who do not
reside in the State of California.
SEC. 2. Section 2190 of the Business
and Professions Code is amended to read:
2190. In order to insure ensure the
continuing competence of licensed physicians and surgeons the
Division of Licensing board shall adopt
and administer standards for the continuing education of
such those licensees. The board may also
set content standards for any educational activity concerning a
chronic disease that includes appropriate information on the impact,
prevention, and cure of the chronic disease by the application of
changes in nutrition and lifestyle behavior. The
division board shall require each licensed
physician and surgeon to demonstrate satisfaction of the continuing
education requirements at intervals of not less than four nor more
than six years.
