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

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-Amended.html

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Amended  IN  Senate  June 03, 2019

Amended  IN  Assembly  March 26, 2019

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 amended, Calderon. Gynecological Pelvic 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, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing gynecological pelvic examinations that includes specified information, including what pelvic and other relevant exams and Pap smears are and how they are performed and privacy expectations for patients. The bill would require the board to make the information sheet informational pamphlet available for the use of licensees that perform gynecological use by licensees performing pelvic examinations, as specified.

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

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, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing gynecological pelvic examinations that includes, but is not limited to, all of the following:

(1) What a pelvic exam is and how it is properly performed.

(2) What a Pap smear is and how it is properly performed. If applicable, a description of other relevant exams.

(3)The recommended age for a patient receiving a pelvic exam or Pap smear and how often a pelvic exam or Pap smear should be performed.

(4)

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

(5)

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

(6)

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

(7)The duration of a pelvic exam and Pap smear.

(8)

(6) 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. use by licensees performing pelvic examinations. The informational pamphlet shall either be posted as a printable file on the board’s internet website or website, 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, 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. 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 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, before a patient’s first gynecological pelvic examination with the physician and surgeon, surgeon or medical group, 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 confirming that the patient has received the informational pamphlet and understood the contents before the first gynecological pelvic examination with that physician and surgeon. surgeon or medical group. 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 makes the informational pamphlet available on its internet website as provided in Section 2248.9.

(c) A physician and surgeon who violates this section may be cited and assessed an administrative fine. A citation shall not be issued and 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.

(d) Notwithstanding any other 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 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.

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