Bill Text: CA AB1030 | 2019-2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pelvic examinations: informational pamphlet.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-09-14 - Ordered to inactive file at the request of Senator Bradford. [AB1030 Detail]

Download: California-2019-AB1030-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 1030

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Introduced by Assembly Members Calderon and Petrie-Norris

February 21, 2019

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An act to amend Section 2249 of, and to add Section 2248.9 to, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1030, as introduced, Calderon. Gynecological 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 medical practitioners, including 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, to develop an informational pamphlet for patients undergoing gynecological examinations that includes specified information, including what a Pap smear is and how it is performed and privacy expectations for patients. The bill would require the board to make the information sheet available for the use of licensees that perform gynecological examinations, as specified.

The bill, commencing one month after the board makes the informational pamphlet available, would require a physician and surgeon primarily responsible for providing a patient an annual gynecological examination, to provide a patient with the informational pamphlet prior to a patient’s first gynecological examination with that practitioner. The bill would require the practitioner to have the patient sign and date a form attesting that the patient has received the informational pamphlet and understood the contents prior to the first gynecological examination with that practitioner. The bill would make a violation of these provisions punishable by citation and an administrative fine.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 2248.9 is added to the Business and Professions Code, to read:

2248.9.

 (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, shall develop an informational pamphlet for patients undergoing gynecological examinations that includes, but is not limited to, all of the following:

(1) What a Pap smear is and how it is properly performed.

(2) The recommended age for a patient receiving a Pap smear and how often a Pap smear should be performed.

(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown should be worn during the entire examination.

(4) Appropriate questions that a practitioner may ask during the examination.

(5) An explanation of what a speculum is and how it should be properly used during an examination.

(6) That latex gloves should be worn by the practitioner during the examination.

(7) The duration of a Pap smear.

(8) 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 the use of licensees that provide gynecological services. The informational pamphlet shall either be posted as a printable file on the board’s internet website or made available for order as a printed deliverable on the board’s internet website, or both.

SEC. 2.

 Section 2249 of the Business and Professions Code is amended to read:

2249.

 (a) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient patient, during the annual examination in layperson’s language and in a language understood by the patient patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Public Health Services pursuant to Section 138.4 of the Health and Safety Code.

(b) (1) A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall, prior to a patient’s first gynecological examination with the physician and surgeon, provide the patient with the informational pamphlet developed pursuant to Section 2248.9. The physician and surgeon shall have the patient sign and date a form attesting that the patient has received the informational pamphlet and understood the contents prior to the first gynecological examination with that physician and surgeon. Forms showing receipt of the information shall be kept as part of the patient’s medical record.

(2) This subdivision shall become operative one month after the board posts availability information on its internet website as provided in Section 2248.9.

(b)

(c) A physician and surgeon who violates this section may be cited and assessed an administrative fine. No A citation shall not be issued and no a fine shall not be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed.

(c)

(d) Notwithstanding any other provision of 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 Services for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.

(d)

(e) Section 2314 shall not apply to this section.