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AB-1407 Nurses: implicit bias courses.(2021-2022)

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Date Published: 03/18/2021 09:00 PM
AB1407:v98#DOCUMENT

Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1407


Introduced by Assembly Member Burke
(Principal coauthor: Senator Bradford)

February 19, 2021


An act to amend Section 2811.5 of, and to add Section 2790 to, the Business and Professions Code, and to add Section 123630.5 to the Health and Safety Code, relating to health care.


LEGISLATIVE COUNSEL'S DIGEST


AB 1407, as amended, Burke. Health care: discrimination. Nurses: implicit bias courses.
Existing law, the Nursing Practice Act, requires the Board of Registered Nursing to prepare and maintain a list of approved schools of nursing in this state whose graduates are eligible to apply for a license to practice nursing. Existing law specifies that an approved school of nursing, or an approved nursing program, is one that has been approved by the board, gives the course of instruction approved by the board, covering not less than 2 academic years, is affiliated or conducted in connection with one or more hospitals, and is an institution of higher education.
This bill would require an approved school of nursing or an approved nursing program to include implicit bias coursework, as specified, in its curriculum. The bill would require the board to update regulations concerning prelicensure nursing program curriculum requirements in accordance with those provisions.
Existing law requires a person holding a regular renewable license under the act, whether in an active or inactive status, to renew their license and pay the biennial renewal fee, as specified. Existing law requires a person renewing their license to submit proof satisfactory to the board that, during the preceding 2-year period, they completed specified continuing education requirements, unless the licensee is still within the first 2 years of holding their license immediately following their initial licensure.
This bill would require a licensee still within the first 2 years of holding their license immediately following their initial licensure to complete one hour of direct participation in an implicit bias course, as specified, that has been approved by the board.
Existing law requires a hospital that provides perinatal care, and an alternative birth center or a primary clinic that provides services as an alternative birth center, to implement an evidence-based implicit bias program, as specified, for all health care providers involved in perinatal care of patients within those facilities.
This bill would require a hospital, as defined, to implement an evidence-based implicit bias program, as specified, as part of its new graduate training program that hires and trains new nursing program graduates.

Existing law requires the State Department of Public Health Office of Health Equity to perform strategic planning to develop plans for implementation of goals and objectives to close the gaps in health status and access to care for the state’s diverse racial and ethnic communities, women, persons with disabilities, and the lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ) communities.

This bill would state the intent of the Legislature to enact legislation that would address discrimination in health care.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 2790 is added to the Business and Professions Code, to read:

2790.
 (a) An approved school of nursing, or an approved nursing program, shall include in its curriculum implicit bias coursework which shall include all of the following:
(1) Identification of previous or current unconscious biases and misinformation.
(2) Identification of personal, interpersonal, institutional, structural, and cultural barriers to inclusion.
(3) Corrective measures to decrease implicit bias at the interpersonal and institutional levels, including ongoing policies and practices for that purpose.
(4) Information on the effects, including, but not limited to, ongoing personal effects, of historical and contemporary exclusion and oppression of minority communities.
(5) Information about cultural identity across racial or ethnic groups.
(6) Information about communicating more effectively across identities, including racial, ethnic, religious, and gender identities.
(7) Discussion on power dynamics and organizational decisionmaking.
(8) Discussion on health inequities within the perinatal care field, including information on how implicit bias impacts maternal and infant health outcomes.
(9) Perspectives of diverse, local constituency groups and experts on particular racial, identity, cultural, and provider-community relations issues in the community.
(10) Information on reproductive justice.
(b) The board shall update subdivision (d) of Section 1426 of Title 16 of the California Code of Regulations in accordance with subdivision (a).

SEC. 2.

 Section 2811.5 of the Business and Professions Code is amended to read:

2811.5.
 (a) Each person renewing his or her their license under Section 2811 shall submit proof satisfactory to the board that, during the preceding two-year period, he or she has they have been informed of the developments in the registered nurse field or in any special area of practice engaged in by the licensee, occurring since the last renewal thereof, either by pursuing a course or courses of continuing education in the registered nurse field or relevant to the practice of the licensee, and approved by the board, or by other means deemed equivalent by the board.
(b) Notwithstanding Section 10231.5 of the Government Code, the board, in compliance with Section 9795 of the Government Code, shall do the following:
(1) By January 1, 2019, deliver a report to the appropriate legislative policy committees detailing a comprehensive plan for approving and disapproving continuing education opportunities.
(2) By January 1, 2020, report to the appropriate legislative committees on its progress implementing this plan.
(c) For purposes of this section, the board shall, by regulation, establish standards for continuing education. The standards shall be established in a manner to ensure that a variety of alternative forms of continuing education are available to licensees, including, but not limited to, online, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension studies, and home study programs. The standards shall take cognizance of specialized areas of practice, and content shall be relevant to the practice of nursing and shall be related to the scientific knowledge or technical skills required for the practice of nursing or be related to direct or indirect patient or client care. The continuing education standards established by the board shall not exceed 30 hours of direct participation in a course or courses approved by the board, or its equivalent in the units of measure adopted by the board.
(d) The board shall audit continuing education providers at least once every five years to ensure adherence to regulatory requirements, and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements.
(e) The board shall encourage continuing education in spousal or partner abuse detection and treatment. In the event the board establishes a requirement for continuing education coursework in spousal or partner abuse detection or treatment, that requirement shall be met by each licensee within no more than four years from the date the requirement is imposed.
(f) In establishing standards for continuing education, the board shall consider including a course in the special care needs of individuals and their families, including, but not limited to, all of the following:
(1) Pain and symptom management, including palliative care.
(2) The psychosocial dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(g) This section shall not apply to licensees during the first two years immediately following their initial licensure in California or any other governmental jurisdiction. jurisdiction, except those licensees shall complete one hour of direct participation in an implicit bias course approved by the board that meets the same requirements outlined in subdivision (a) of Section 2790.
(h) The board may, in accordance with the intent of this section, make exceptions from continuing education requirements for licensees residing in another state or country, or for reasons of health, military service, or other good cause.

SEC. 3.

 Section 123630.5 is added to the Health and Safety Code, to read:

123630.5.
 A hospital, as defined in subdivision (a) of Section 1250, shall implement an evidence-based implicit bias program, as described in subdivision (b) of Section 123630.3, as part of its new graduate training program that hires and trains new nursing program graduates.

SECTION 1.

It is the intent of the Legislature to enact legislation that would address discrimination in health care.