Bill Text: CA SB1338 | 2011-2012 | Regular Session | Amended


Bill Title: Abortion.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Introduced - Dead) 2012-05-07 - Set, second hearing. Hearing canceled at the request of author. [SB1338 Detail]

Download: California-2011-SB1338-Amended.html
BILL NUMBER: SB 1338	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN SENATE  APRIL 9, 2012
	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Kehoe
   (Principal coauthor: Senator Steinberg)
   (Principal coauthors: Assembly Members Atkins, John A. Pérez, and
Skinner)
   (Coauthors: Senators Alquist, De León, DeSaulnier, Evans, Hancock,
Leno, Lieu, Liu, and Wolk)
   (Coauthors: Assembly Members Ammiano, Blumenfield, Brownley,
Butler, Lara, and Williams)

                        FEBRUARY 24, 2012

   An act to amend  , repeal, and add  Section 2253
of the Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1338, as amended, Kehoe. Abortion.
   Existing law makes it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
or assist in performing a surgical abortion if the person does not
have a valid license to practice as a physician and surgeon, or to
assist in performing a surgical abortion without a valid license or
certificate obtained in accordance with some other provision of law
that authorizes him or her to perform the functions necessary to
assist in performing a surgical abortion. Existing law also makes it
a public offense, punishable by a fine not exceeding $10,000 or
imprisonment, or both, for a person to perform or assist in
performing a nonsurgical abortion if the person does not have a valid
license to practice as a physician and surgeon or does not have a
valid license or certificate obtained in accordance with some other
provision of law authorizing him or her to perform or assist in
performing the functions necessary for a nonsurgical abortion. Under
existing law, nonsurgical abortion includes termination of pregnancy
through the use of pharmacological agents.
   Existing law, the Nursing Practice Act, provides for the licensure
and regulation of registered nurses, including nurse practitioners
and certified nurse-midwives, by the Board of Registered Nursing.
Existing law, the Physician Assistant Practice Act, provides for the
licensure and regulation of physician assistants by the Physician
Assistant Committee of the Medical Board of California. 
    Existing law authorizes the Office of Statewide Health Planning
and Development to designate experimental health workforce projects
as approved projects that, among other things, teach new skills to
existing categories of health care personnel. The office has
designated a pilot project, known as the Access through Primary Care
Project, relating to the provision of health care services involving
pregnancy.  
   This bill would authorize a nurse practitioner, certified
nurse-midwife, or physician assistant who has completed training
through the pilot project described above on or before January 1,
2013, to continue, outside of that pilot project, to perform
abortions by aspiration techniques.  
   This bill would make it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
an abortion if the person does not have a valid license to practice
as a physician and surgeon, or to assist in performing an abortion
without a valid license or certificate obtained in accordance with
law authorizing him or her to perform the functions necessary to
assist in performing an abortion, except as specified. The bill would
also make it a public offense, punishable by a fine not exceeding
$10,000 or imprisonment, or both, for a person to perform an abortion
by medication or aspiration techniques without a valid license to
practice as a physician and surgeon or without a license or
certificate to practice as a nurse practitioner, a certified
nurse-midwife, or a physician assistant authorizing him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques. The bill would also, until January 1, 2015,
require a nurse practitioner, certified nurse-midwife, or physician
assistant to complete specified training in order to perform an
abortion by aspiration techniques, but would indefinitely authorize a
nurse practitioner, certified nurse-midwife, or physician assistant
who completed a specified training program and achieved clinical
competency to continue to perform abortions by aspiration techniques.
The bill would delete the description of what a nonsurgical abortion
includes and would make technical, nonsubstantive changes. 

   Because the bill would change the definition of crimes, the 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
ensure that state policy allows qualified health care practitioners
to provide safe, early, effective, and accessible aspiration
abortions within the scope of their licenses. 
   SEC. 2.    Section 2253 of the   Business
and Professions Code   is amended to read: 
   2253.  (a) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
   (b) (1) A person is subject to Sections 2052 and 2053 if he or she
performs or assists in performing a surgical abortion, and at the
time of so doing, does not have a valid, unrevoked, and unsuspended
license to practice as a physician and surgeon as provided in this
chapter, or if he or she assists in performing a surgical abortion
and does not have a valid, unrevoked, and unsuspended license or
certificate obtained in accordance with some other provision of law
that authorizes him or her to perform the functions necessary to
assist in performing a surgical abortion.
   (2) A person is subject to Sections 2052 and 2053 if he or she
performs or assists in performing a nonsurgical abortion, and at the
time of so doing, does not have a valid, unrevoked, and unsuspended
license to practice as a physician and surgeon as provided in this
chapter, or does not have a valid, unrevoked, and unsuspended license
or certificate obtained in accordance with some other provision of
law that authorizes him or her to perform or assist in performing the
functions necessary for a nonsurgical abortion.
   (c) For purposes of this section, "nonsurgical abortion" includes
termination of pregnancy through the use of pharmacological agents.

   (d) A nurse practitioner, certified nurse-midwife, or physician
assistant who has completed training through the Health Workforce
Pilot Project No. 171, The Access through Primary Care Project:
Demonstrating the Role of Advanced Practice Clinicians in Expanding
Early Pregnancy Care, on or before January 1, 2013, shall be
authorized to continue to perform abortions by aspiration techniques.
 
  SECTION 1.    Section 2253 of the Business and
Professions Code is amended to read:
   2253.  (a) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
   (b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs an abortion, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or if he or she assists in performing an abortion and does not have a
valid, unrevoked, and unsuspended license or certificate obtained in
accordance with law that authorizes him or her to perform the
functions necessary to assist in performing an abortion.
   (2) A person is subject to Section 2052 if he or she performs an
abortion by medication or aspiration techniques, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or does not have a valid, unrevoked, and unsuspended license or
certificate to practice as a nurse practitioner, a certified
nurse-midwife, or a physician assistant that authorizes him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques, subject to subdivision (c).
   (c) For purposes of paragraph (2) of subdivision (b), both of the
following shall apply:
   (1) In order to perform an abortion by aspiration techniques, a
person with a license or certificate to practice as a nurse
practitioner or a certified nurse-midwife shall complete training
recognized by the Board of Registered Nursing. The training protocols
established by Health Care Workforce Pilot Project (HWPP) No. 171
through the Office of Statewide Health Planning and Development shall
be considered as recognized by the board and deemed to satisfy this
requirement. A nurse practitioner or certified nurse-midwife who has
completed training and achieved clinical competency through HWPP No.
171 shall be authorized to continue to perform abortions by
aspiration techniques.
   (2) In order to receive authority from his or her supervising
physician and surgeon to perform an abortion by aspiration
techniques, a physician assistant shall complete training either
through training programs approved by the Physician Assistant
Committee pursuant to Section 3513 or by training to perform medical
services which augment his or her current areas of competency
pursuant to Section 1399.543 of Title 16 of the California Code of
Regulations. The training protocols established by HWPP No. 171 shall
be deemed to meet the standards of the Physician Assistant
Committee. A physician assistant who has completed training and
achieved clinical competency through HWPP No. 171 shall be authorized
to continue to perform abortions by aspiration techniques.
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.  
  SEC. 2.    Section 2253 is added to the Business
and Professions Code, to read:
   2253.  (a) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
   (b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs an abortion, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or if he or she assists in performing an abortion and does not have a
valid, unrevoked, and unsuspended license or certificate obtained in
accordance with law that authorizes him or her to perform the
functions necessary to assist in performing an abortion.
   (2) A person is subject to Section 2052 if he or she performs an
abortion by medication or aspiration techniques, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or does not have a valid, unrevoked, and unsuspended license or
certificate to practice as a nurse practitioner, a certified
nurse-midwife, or a physician assistant that authorizes him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques. A nurse practitioner, certified nurse-midwife,
or physician assistant who has completed training and achieved
clinical competency through Health Care Workforce Pilot Project
(HWPP) No. 171 through the Office of Statewide Health Planning and
Development shall be authorized to continue to perform abortions by
aspiration techniques.
   (c) This section shall become operative on January 1, 2015.
 
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution. 
    
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