Bill Text: CA AB1707 | 2023-2024 | Regular Session | Chaptered
Bill Title: Health professionals and facilities: adverse actions based on another state’s law.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-09-27 - Chaptered by Secretary of State - Chapter 258, Statutes of 2023. [AB1707 Detail]
Download: California-2023-AB1707-Chaptered.html
Assembly Bill
No. 1707
CHAPTER 258
An act to add Sections 805.9 and 850.1 to the Business and Professions Code, and to add Sections 1220.1 and 1265.11 to the Health and Safety Code, relating to health care.
[
Approved by
Governor
September 27, 2023.
Filed with
Secretary of State
September 27, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1707, Pacheco.
Health professionals and facilities: adverse actions based on another state’s law.
Existing law establishes various boards within the Department of Consumer Affairs to license and regulate various health professionals. Existing law prohibits the Medical Board of California, the Osteopathic Medical Board of California, the Board of Registered Nursing, and the Physician Assistant Board from denying an application for licensure or suspending, revoking, or otherwise imposing discipline upon a licensee because the person was disciplined in another state in which they are licensed solely for performing an abortion in that state or because the person was convicted in another state for an offense related solely to performing an abortion in that state.
Existing law provides for the licensure of clinics and health facilities by the Licensing and Certification Division of the State Department of Public Health. Existing law makes a
violation of these provisions punishable as a misdemeanor, except as specified.
This bill would prohibit a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful in this state, regardless of the patient’s location. The bill would similarly prohibit a health facility from denying staff privileges to,
removing from medical staff, or restricting the staff privileges of a licensed health professional on the basis of such a civil judgment, criminal conviction, or disciplinary action imposed by another state. The bill also would also prohibit the denial, suspension, revocation, or limitation of a clinic or health facility license on the basis of those types of civil judgments, criminal convictions, or disciplinary actions imposed by another state. The bill would exempt from the above-specified provisions a civil judgment, criminal conviction, or disciplinary action imposed by another state
based upon conduct in another state that would subject an applicant, licensee, or health care practitioner to a similar claim, charge, or action under the laws of this state. By imposing new prohibitions under the provisions related to clinics and health facilities, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 805.9 is added to the Business and Professions Code, to read:805.9.
(a) A health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code shall not deny staff privileges to, remove from medical staff, or restrict the staff privileges of a person licensed by a healing arts board in this state on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state.(b) This section does not apply to a civil judgment, criminal conviction,
or disciplinary action imposed in another state based upon conduct in another state that would subject a licensee to a similar claim, charge, or action under the laws of this state.
(c) For purposes of this section:
(1) “Healing arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2) “Sensitive services” has the same meaning as in Section 56.05
of the Civil Code.
SEC. 2.
Section 850.1 is added to the Business and Professions Code, to read:850.1.
(a) A healing arts board shall not deny an application for licensure or suspend, revoke, or otherwise impose discipline upon a licensee or health practitioner subject to this division on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state, regardless of the patient’s location.(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed in another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c) For purposes of this section:
(1) “Healing
arts board” means any board, division, or examining committee in the Department of Consumer Affairs that licenses or certifies health professionals.
(2) “Sensitive services” has the same meaning as in Section 56.05 of the Civil Code.
SEC. 3.
Section 1220.1 is added to the Health and Safety Code, to read:1220.1.
(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended, revoked, or otherwise limited, on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state.(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed by another state
based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c) For purposes of this section, “sensitive services” has the same meaning as in Section 56.05 of the Civil Code.
SEC. 4.
Section 1265.11 is added to the Health and Safety Code, to read:1265.11.
(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended, revoked, or otherwise limited, on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state.(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed by another state
based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c) For purposes of this section, “sensitive services” has the same meaning as in Section 56.05 of the Civil Code.
