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California Psychiatric Association
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| September 13, 2006
The Honorable Arnold Schwarzenegger Re: REQUEST FOR VETO: SB 438 (Migden) – Oral and Maxillofacial Surgeons (OMS) Scope of Practice Expansion Dear Governor Schwarzenegger, The California Psychiatric Association (CPA), which has over 3500 psychiatric physician members, respectfully asks that you veto SB 438. SB 438 is unsafe because, among other things, it relies on the flawed assumption that OMSs may perform indicated plastic surgery safely and effectively. This assumption is supported by language deeming OMS education equivalent to plastic surgeons by legislative fiat alone. Plastic surgeons in fact have more complete physician training encompassing the entire range of the physical, mental and clinical manifestations of the human body. This more complete training ensures patient safety in ways that less comprehensive education cannot. Perhaps as troubling, instead of an objective occupational analysis as requested by you last year, SB 438 seems to rely on an analysis based on conclusions of an OMS task force as to the linkages between certain procedures and the requisite education required to practice safely and effectively. Where is the objectivity in such one sided methodology? The analysis is fatally flawed for this and other reasons and must not be relied on. “First, do not harm.” We believe that the proposal in SB 438 lacks sufficient patient protection and there exists significant risk of serious injury or even death. There is insufficient evidence that California patients would benefit in ways that outweigh the risks. Given these facts a veto is more than appropriate. We respectfully urge that you do so. Sincerely, Randall Hagar, Director of Government Affairs cc: Kacy Hutchison, Governor’s Legislative Unit |
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