Bill Text: CA AB154 | 2013-2014 | Regular Session | Amended

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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 662, Statutes of 2013. [AB154 Detail]

Download: California-2013-AB154-Amended.html
BILL NUMBER: AB 154	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  APRIL 30, 2013
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member Atkins
   (Principal coauthor: Senator Jackson)
   (Coauthors: Assembly Members Mitchell and Skinner)

                        JANUARY 22, 2013

   An act to amend Section 2253 of, and to add Sections 2725.4 and
3502.4 to, the Business and Professions Code, and to amend Section
123468 of the Health and Safety Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 154, as amended, Atkins. 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 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 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 Board within the jurisdiction of the Medical Board of
California.
   This bill would instead 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, except that it would not be a
public offense for a person to perform an abortion by medication or
aspiration techniques in the first trimester of pregnancy if he or
she holds a license or certificate authorizing him or her to perform
the functions necessary for an abortion by medication or aspiration
techniques. The bill would also require a nurse practitioner,
certified nurse-midwife, or physician assistant to complete training,
as specified, and to comply with standardized procedures or
protocols, as specified, in order to perform an abortion by
aspiration techniques, and 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 references to a nonsurgical abortion and
would delete the restrictions on assisting with abortion procedures.
The bill would also 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.
State-mandated local program: yes.


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

  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) 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.
   (2) A person shall not be subject to Section 2052 if he or she
performs an abortion by medication or aspiration techniques in the
first trimester of pregnancy, and at the time of so doing, has a
valid, unrevoked, and unsuspended license or certificate obtained in
accordance with the Nursing Practice Act (Chapter 6 (commencing with
Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7
(commencing with Section 3500)), that authorizes him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques.
   (c) In order to perform an abortion by aspiration techniques
pursuant to paragraph (2) of subdivision (b), a person shall comply
with Section 2725.4 or 3502.4.
  SEC. 2.  Section 2725.4 is added to the Business and Professions
Code, to read:
   2725.4.   (a)    
Notwithstanding any other provision of this chapter, the following
shall apply: 
    (a)    In order to perform an abortion by
aspiration techniques pursuant to Section 2253, 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. Beginning January 1, 2014, and until
January 1, 2016, the competency-based training protocols established
by Health Workforce Pilot Project (HWPP) No. 171 through the Office
of Statewide Health Planning and Development shall be used.
   (b) In order to perform an abortion by aspiration techniques
pursuant to Section 2253, a person with a license or certificate to
practice as a nurse practitioner or a certified nurse-midwife shall
adhere to standardized procedures developed in compliance with
subdivision (c) of Section 2725 that specify all of the following:
   (1) The extent of supervision by a physician and surgeon with
relevant training and expertise.
   (2) Procedures for transferring patients to the care of the
physician and surgeon or a hospital.
   (3) Procedures for obtaining assistance and consultation from a
physician and surgeon.
   (4) Procedures for providing emergency care until physician
assistance and consultation  is   are 
available.
   (5) The method of periodic review of the provisions of the
standardized procedures.
   (c) A nurse practitioner or certified nurse-midwife who has
completed training and achieved clinical competency through HWPP No.
171 shall be authorized to perform abortions by aspiration techniques
pursuant to Section 2253, in adherence to standardized procedures
described in subdivision (b).
   (d) It is unprofessional conduct for any nurse practitioner or
certified nurse-midwife to perform an abortion by aspiration
techniques pursuant to Section 2253 without prior completion of
training and validation of clinical competency.
  SEC. 3.  Section 3502.4 is added to the Business and Professions
Code, to read:
   3502.4.  (a) In order to receive authority from his or her
supervising physician and surgeon to perform an abortion by
aspiration techniques pursuant to Section 2253, a physician assistant
shall complete training either through training programs approved by
the board 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. Beginning January 1, 2014, and until January 1, 2016,
the training and clinical competency protocols established by Health
Workforce Pilot Project (HWPP) No. 171 through the Office of
Statewide Health Planning and Development shall be used as training
and clinical competency guidelines to meet this requirement.
   (b) In order to receive authority from his or her supervising
physician and surgeon to perform an abortion by aspiration techniques
pursuant to Section 2253, a physician assistant shall comply with
protocols developed in compliance with Section 3502 that specify:
   (1) The extent of supervision by a physician and surgeon with
relevant training and expertise.
   (2) Procedures for transferring patients to the care of the
physician and surgeon or a hospital.
   (3) Procedures for obtaining assistance and consultation from a
physician and surgeon.
   (4) Procedures for providing emergency care until physician
assistance and consultation  is   are 
available.
   (5) The method of periodic review of the provisions of the
protocols.
   (c) The training protocols established by HWPP No. 171 shall be
deemed to meet the standards of the board. A physician assistant who
has completed training and achieved clinical competency through HWPP
No. 171 shall be authorized to perform abortions by aspiration
techniques pursuant to Section 2253, in adherence to protocols
described in subdivision (b).
   (d) It is unprofessional conduct for any physician assistant to
perform an abortion by aspiration techniques pursuant to Section 2253
without prior completion of training and validation of clinical
competency.
  SEC. 4.  Section 123468 of the Health and Safety Code is amended to
read:
   123468.  The performance of an abortion is unauthorized if either
of the following is true:
   (a) The person performing the abortion is not a health care
provider authorized to perform an abortion pursuant to Section 2253
of the Business and Professions Code.
   (b) The abortion is performed on a viable fetus, and both of the
following are established:
   (1) In the good faith medical judgment of the physician, the fetus
was viable.
   (2) In the good faith medical judgment of the physician,
continuation of the pregnancy posed no risk to life or health of the
pregnant woman.
  SEC. 5.  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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