Today's Law As Amended


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AB-1030 Pelvic examinations: informational pamphlet.(2019-2020)



As Amends the Law Today


SECTION 1.

 Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read:

Article  10.8. Pelvic Exams
750.
 For purposes of this article, “licensee” means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.
751.
 (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:
(1) What a pelvic exam is and how it is properly performed.
(2) If applicable, a description of other relevant exams.
(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.
(4) An explanation of what a speculum is and how it should be properly used during an examination.
(5) That gloves should be worn by the licensee during the examination.
(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.
(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the board’s internet website, made available for order as a printed deliverable on the board’s internet website, or both.
(c) The informational pamphlet shall be written in layperson’s language and shall be made available in both English and Spanish.
752.
 (a) Before a patient’s first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patient’s medical record.
(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.
(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.
(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the respective fund or account of the appropriate licensing board that assessed the fine, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.
(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751.