Today's Law As Amended


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AB-1236 Healing arts: licensees: data collection.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 502 is added to the Business and Professions Code, to read:

502.
 (a) A board that supervises healing arts licensees under this division shall request workforce data from its licensees and, if designated by the board, its registrants, as specified in subdivision (b) for future workforce planning. The data may be requested at the time of electronic application for a license and license renewal, or at least biennially from a scientifically selected random sample of licensees and registrants.
(b) The workforce data collected by each board about its licensees and, if applicable, registrants shall include, at a minimum, information concerning all of the following:
(A) City, county, and ZIP Code of practice.
(B) Type of employer or classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(C) Work hours.
(D) Titles of positions held.
(E) Time spent in direct patient care.
(F) Clinical practice area.
(G) Race or ethnicity, subject to paragraph (2).
(H) Gender identity.
(I) Languages spoken.
(J) Educational background.
(K) Future work intentions.
(L) Job satisfaction ratings.
(M) Sexual orientation.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall release information only in an aggregate form that cannot be used to identify an individual.
(d) Each board shall produce reports containing the workforce data it collects pursuant to this section, at a minimum, on a biennial basis. Aggregate information collected pursuant to this section shall be posted on each board’s internet website.
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and annually thereafter, provide the data it collects pursuant to this section to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report it produces pursuant to Section 128052 of the Health and Safety Code.
(f) A licensee or registrant shall not be required to provide any of the information listed in subdivision (b).

SEC. 2.

 Section 2717 of the Business and Professions Code is repealed.

2717.
 (a) The board shall collect and analyze workforce data from its licensees for future workforce planning. The board may collect the data at the time of license renewal or from a scientifically selected random sample of its licensees. The board shall produce reports on the workforce data it collects, at a minimum, on a biennial basis. The board shall maintain the confidentiality of the information it receives from licensees under this section and shall only release information in an aggregate form that cannot be used to identify an individual. The workforce data collected by the board shall include, at a minimum, employment information such as hours of work, number of positions held, time spent in direct patient care, clinical practice area, type of employer, and work location. The data shall also include future work intentions, reasons for leaving or reentering nursing, job satisfaction ratings, and demographic data.
(b) Aggregate information collected pursuant to this section shall be placed on the board’s Internet Web site.
(c) (1) Notwithstanding subdivision (a), the board shall collect, at least biennially, at the times of both issuing an initial license and issuing a renewal license, all of the following data on nurses licensed under this chapter:
(A) Location of practice, including city, county, and ZIP Code.
(B) Race or ethnicity, subject to paragraph (3).
(C) Gender.
(D) Languages spoken.
(E) Educational background.
(F) Classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(2) The board shall annually provide the data collected pursuant to paragraph (1) to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report required by Section 128052 of the Health and Safety Code.
(3) A licensee may, but is not required to, report his or her race or ethnicity to the board.
(d) The board is authorized to expend the sum of one hundred forty-five thousand dollars ($145,000) from the Board of Registered Nursing Fund in the Professions and Vocations Fund for the purpose of implementing this section.

SEC. 3.

 Section 2852.5 of the Business and Professions Code is repealed.

2852.5.
 (a) The board shall collect, at least biennially, at the times of both issuing an initial license and issuing a renewal license, all of the following data on vocational nurses licensed under this chapter:
(1) Location of practice, including city, county, and ZIP Code.
(2) Race or ethnicity, subject to subdivision (c).
(3) Gender.
(4) Languages spoken.
(5) Educational background.
(6) Classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(b) The board shall annually provide the data collected pursuant to subdivision (a) to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report required by Section 128052 of the Health and Safety Code.
(c) A licensee may, but is not required to, report his or her race or ethnicity to the board.

SEC. 4.

 Section 3518.1 of the Business and Professions Code is repealed.

3518.1.
 (a) The board shall collect, at least biennially, at the times of both issuing an initial license and issuing a renewal license, all of the following data on physician assistants licensed under this chapter:
(1) Location of practice, including city, county, and ZIP Code.
(2) Race or ethnicity, subject to subdivision (c).
(3) Gender.
(4) Languages spoken.
(5) Educational background.
(6) Classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(b) The board shall annually provide the data collected pursuant to subdivision (a) to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report required by Section 128052 of the Health and Safety Code.
(c) A licensee may, but is not required to, report his or her race or ethnicity to the board.

SEC. 5.

 Section 3770.1 of the Business and Professions Code is repealed.

3770.1.
 (a) The board shall collect, at least biennially, at the times of both issuing an initial license and issuing a renewal license, all of the following data on respiratory therapists licensed under this chapter:
(1) Location of practice, including city, county, and ZIP Code.
(2) Race or ethnicity, subject to subdivision (c).
(3) Gender.
(4) Languages spoken.
(5) Educational background.
(6) Classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(b) The board shall annually provide the data collected pursuant to subdivision (a) to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report required by Section 128052 of the Health and Safety Code.
(c) A licensee may, but is not required to, report his or her race or ethnicity to the board.

SEC. 6.

 Section 4506 of the Business and Professions Code is repealed.

4506.
 (a) The board shall collect, at least biennially, at the times of both issuing an initial license and issuing a renewal license, all of the following data on psychiatric technicians licensed under this chapter:
(1) Location of practice, including city, county, and ZIP Code.
(2) Race or ethnicity, subject to subdivision (c).
(3) Gender.
(4) Languages spoken.
(5) Educational background.
(6) Classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(b) The board shall annually provide the data collected pursuant to subdivision (a) to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report required by Section 128052 of the Health and Safety Code.
(c) A licensee may, but is not required to, report his or her race or ethnicity to the board.
SEC. 7.
  The Legislature finds and declares that Section 1 of this act, which adds Section 502 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of licensees and registrants, while also gathering useful workforce data, it is necessary that some information collected from licensees and registrants only be released in aggregate form.