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

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Date Published: 08/13/2019 09:00 PM
AB1030:v95#DOCUMENT

Amended  IN  Senate  August 13, 2019
Amended  IN  Senate  July 03, 2019
Amended  IN  Senate  June 03, 2019
Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1030


Introduced by Assembly Members Calderon and Petrie-Norris

February 21, 2019


An act to add Article 10.8 (commencing with Section 750) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


AB 1030, as amended, Calderon. Pelvic examinations: informational pamphlet.
Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in layperson’s language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine.
This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified.
The bill, commencing one month after the board makes the informational pamphlet available, would require a licensee, as defined, to provide a patient with the informational pamphlet before a patient’s first pelvic examination. The bill would require the licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and maintain the signed acknowledgment as part of the patient’s medical record. The bill would make a violation of the bill’s provisions subject to a citation and an administrative fine.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


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 Contingent Fund of the Medical Board of California to be used by the Office of Women’s Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, 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.