Bill Text: CA SB320 | 2017-2018 | Regular Session | Amended

California Senate Bill 320 (Prior Session Legislation)

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

Bill Title: Public university student health centers: medication abortion readiness: abortion by medication techniques: College Student Health Center Sexual and Reproductive Health Preparation Fund.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2018-09-30 - In Senate. Consideration of Governor's veto pending. [SB320 Detail]

Download: California-2017-SB320-Amended.html

Amended IN Senate January 03, 2018

Amended IN Senate April 25, 2017

Amended IN Senate March 16, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 320

Introduced by Senator Leyva

February 13, 2017

An act to add Chapter 5.5 (commencing with Section 99250) to Part 65 of Division 14 of Title 3 of the Education Code, relating to public ~~health.~~ health, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

SB 320, as amended, Leyva. Public health: public postsecondary education: on-campus student health centers: abortion by medication techniques.

Existing law establishes the University of California, under the administration of the Regents of the University of California, and the California State University, under the administration of the Trustees of the California State University, as 2 of the segments of public postsecondary education in this state.

This bill would express findings and declarations of the Legislature relating to the availability of abortion by medication techniques at on-campus student health centers at public postsecondary educational institutions in the state.

The bill would require the Chancellor of the California State University, on and after March 1, 2018, to identify and report to the Legislature specified data relating to access for students of the university to comprehensive family planning and abortion services.
The bill would also require, on and after July 1, 2018, each campus of the California State University that does not offer medication abortion services through its on-campus health center to either provide transportation to a qualified provider for purposes of administering abortion by medication techniques or to arrange for the provision of abortion by medication techniques at least 3 days per week at its on-campus health care center through a contract or other arrangement with a qualified family planning provider, as specified.

The bill would ~~further~~ require, on and after January 1, ~~2020,~~ 2022, each ~~campus of the California State University that operates an on-campus~~ public university student health ~~care center~~ center, as defined, to ~~either~~ offer abortion by medication techniques and scientifically accurate abortion counseling services to its students or arrange for the provision of abortion by medication techniques at least 3 days per week at its on-campus health center through a contract or other arrangement with a qualified family planning provider, as specified. techniques.

The bill would require, on and after January 1, 2020, as a condition for the use of state funds for purposes of operating on-campus health care centers, each campus of the University of California that has an on-campus health care center to either offer abortion by medication techniques and scientifically accurate abortion counseling services to its students or arrange for the provision of abortion medication techniques at least 3 days per week at its on-campus health center through a contract or other arrangement with a qualified family planning provider, as specified.
The bill would require the Treasurer to administer the Medication Abortion Implementation Fund, which the bill would establish, and would continuously appropriate the moneys in that fund to the Treasurer for allocation for purposes of the bill, thereby making an appropriation. The bill would require the Treasurer to establish the Medication Abortion Implementation Advisory Council, with a designated membership, to develop the objectives and priorities of the fund, as specified.
The bill would require the Treasurer to report to the Legislature, on or before December 31, 2020, and then again on or before December 31, 2021, the number of public university student health centers that have begun to provide abortion by medication techniques.

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

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) Abortion care is a constitutional right and an integral part of comprehensive sexual and reproductive health care.

(b) More than 400,000 students classified as female are educated at California’s public university campuses, and it is central to the mission of California’s public university student health centers to minimize the negative impact of health concerns on students’ studies and to facilitate retention and graduation.
(c) The state has an interest in ensuring that every pregnant person in California who wants to have an abortion can obtain access to that care as easily and as early in pregnancy as possible. When pregnant young people decide that abortion is the best option for them, having early, accessible care can help them stay on track to achieve their educational and other aspirational life plans.
~~(b)Many California public higher education institutions with~~

(d) All California public university campuses have on-campus student health ~~centers do not currently provide~~ centers, but none of these health centers currently provide abortion by medication techniques. Abortion by medication techniques is extremely safe, highly effective, and cost effective. Abortion by medication techniques is an essential part of comprehensive women’s health care, and should be accessible at on-campus student health ~~care~~ centers.

~~(c)~~

(e) Staff at on-campus student health ~~care~~ centers include health professionals who are ~~trained and~~ licensed to provide abortion by medication techniques. Under current California law, all residency programs in obstetrics and gynecology include training in abortion. ~~Clinicians who~~ Physicians, nurse practitioners, physician assistants, and certified nurse-midwives are legally authorized to ~~provide abortion, but are~~ perform abortions by medication techniques. Any clinician legally authorized to provide abortion, but not currently trained to provide abortion by medication techniques, can be trained inexpensively to do so, and such training falls within the requirements of continuing education for medical providers.

~~(d)~~

(f) Students seeking early pregnancy termination, especially those enrolled at institutions outside of major urban centers, face prohibitively expensive travel, often without reliable means of transportation, to a clinic that may ~~be hours~~ require hours of travel from their campus, out of their city, county, or even geographic region. These financial and time burdens negatively impact academic performance and mental health.

(e)The health insurance plans of some University of California institutions include abortion care; however, students must go off campus to access this service. Alternatively, students who are not covered by the University of California health insurance plans that include abortion, and do not have their own private insurance that covers abortion, must either pay for abortion care out-of-pocket, or apply for Medi-Cal.

SEC. 2.

Chapter 5.5 (commencing with Section 99250) is added to Part 65 of Division 14 of Title 3 of the Education Code, to read:

CHAPTER 5.5. Student Health Care Services

99250.
~~(a)(1)On and after March 1, 2018, the Chancellor of the California State University shall identify and report to the Legislature all of the following:~~
~~(A)An assessment of access to comprehensive family planning and abortion services for its students in the geographic region surrounding each campus.~~
~~(B)The existing capacity of each campus to provide comprehensive family planning and abortion services to its students.~~
(C)An assessment of the infrastructure necessary at each campus to provide comprehensive family planning and abortion services to its students, including, but not limited to, physical space, staffing, and equipment necessary.
~~(2)The report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code.~~
~~(b)On and after July 1, 2018, each campus of the California State University that does not offer medication abortion services through its on-campus health center shall do one of the following:~~
~~(1)Provide transportation to a qualified provider for the purposes of administering abortion by medication techniques.~~
(2)Arrange for the provision of abortion by medication techniques at least three days per week at its on-campus health care center through a contract or other arrangement with a qualified family planning provider. The contract may stipulate that the qualified family planning provider supply all the staff, equipment, and medications to administer the abortion by medication techniques and that the provider bill payers for services separately from the on-campus health center.
~~(c)On and after January 1, 2020, each campus of the California State University that operates an on-campus health care center shall do one of the following:~~
~~(1)Offer abortion by medication techniques and scientifically accurate abortion counseling services to its students.~~
(2)Arrange for the provision of abortion by medication techniques at least three days per week at its on-campus health care center through a contract or other arrangement with a qualified family planning provider. The contract may stipulate that the qualified family planning provider supply all the staff, equipment, and medications to administer the abortion by medication techniques and that the provider bill payers for services separately from the on-campus health center.
(d)On and after January 1, 2020, as a condition for the use of state funds for purposes of operating on-campus health care centers, each campus of the University of California that has an on-campus health care center shall do one of the following:
~~(1)Offer abortion by medication techniques and scientifically accurate abortion counseling services to its students.~~
(2)Arrange for the provision of abortion by medication techniques at least three days per week at an on-campus health care center through a contract or other arrangement with a qualified family planning provider. The contract may stipulate that the qualified family planning provider supply all the staff, equipment, and medications to administer the abortion by medication techniques and that the provider bill payers for services separately from the on-campus health center.

99250.
For the purposes of this chapter, the following definitions apply:
(a) “Council” means the Medication Abortion Implementation Advisory Council.
(b) “Fund” means the Medication Abortion Implementation Fund established by Section 99251.
(c) “Grantee” means any qualifying student health center at a public or private college or university.
(d) “Implementation of abortion by medication techniques” includes, but is not limited to, assessment of each individual clinic to determine facility and training needs before beginning to provide medication abortion, purchasing equipment, making facility improvements, establishing clinical protocols, creating patient educational materials, and training staff.
(e) “Public university student health center” means a clinic providing primary health care services to students that is located on the campus of a university within the University of California or California State University systems.

99251.
(a) On and after January 1, 2022, each public university student health center shall offer abortion by medication techniques.
(b) The Treasurer shall establish an implementation schedule over the three-year time period that will take into account student health centers that are prepared to begin providing abortion by medication techniques in the first, second, or third year based on criteria to be established, which may include whether the clinic has already trained providers and ultrasound machines.
(c) (1) The Treasurer shall administer the Medication Abortion Implementation Fund, which is established by this chapter for the purposes of providing private moneys in the form of grants to on-campus student health centers at public and private colleges and universities for the implementation of abortion by medication techniques. Notwithstanding any other law, the Treasurer is authorized to receive moneys from nonstate entities, including, but not necessarily limited to, private sector entities and local and federal government agencies, and deposit these moneys in the fund.
(2) Notwithstanding Section 13340 of the Government Code, the moneys in the fund are continuously appropriated to the Treasurer for allocation for purposes of this chapter.
(3) The Treasurer shall utilize fund moneys to do all of the following:
(A) Provide grants to public university student health centers to pay for the cost, both direct and indirect, of implementing abortion by medication techniques.
(i) The Treasurer may additionally provide grants to student health centers at other public and private postsecondary educational institutions to pay for direct costs associated with implementing abortion by medication techniques.
(ii) The Treasurer shall prioritize grants to public university student health centers over grants to student health centers at other public and private postsecondary educational institutions.
(B) Hire appropriate individuals or contract with an external organization or organizations to provide consultation to each public university student health center to establish plans and budgets for implementation of abortion by medication techniques.
(C) Hire appropriate individuals or contract with external organizations to create and provide appropriate trainings for staff of each public university student health center.
(D) Hire an evaluator with experience in evaluating abortion services, to determine provider, staff, and patient satisfaction and experience with the implementation of abortion by medication techniques at each grantee, as well as report on usage and outcomes.
(E) Provide overall coordination of the fund.
(F) Pay itself direct costs and overhead.
(G) Maintain a system of financial reporting and accountability.
(4) The Treasurer may directly expend fund moneys for certain aspects of implementation, such as equipment purchases for grantees, if the Treasurer determines that such expenditure of funds would be financially prudent and timely.
(5) Each grantee shall, as condition of receiving a grant award from the fund, participate in an evaluation of their implementation of abortion by medication techniques.
(6) The requirements of this chapter shall be implemented only and to the extent that sufficient private moneys are made available to the fund to allow implementation of abortion by medication techniques by January 1, 2022.
(d) The Treasurer shall establish the Medication Abortion Implementation Advisory Council, in accordance with all of the following:
(1) The council shall develop the objectives and priorities of the fund, actively participate in the overall management of the fund, and make final recommendations on which student health centers should be funded based on the technical merits of their proposals.
(2) The council shall determine the qualifications and scope of work in a request for proposals to select an organization that will provide one-on-one support to each public university student health center for the purposes of creating individual student health center implementation plans, proposals, and budgets.
(3) The Treasurer shall work in close collaboration with the council and seek the consent of the council before taking an action different from the action recommended by the council.
(4) The council shall consist of at least nine and no more than 11 members representing a range of expertise and experience, appointed by the Treasurer. Individuals and organizations may submit nominations to the Treasurer, and the Treasurer shall solicit nominations from relevant organizations and individuals. The composition of the council shall be as follows:
(A) Two members from California nonprofit organizations providing supportive services to individuals seeking abortions.
(B) Three members who are scientists or clinicians who study or provide abortion by medication techniques.
(C) Two members who are currently students at a public university, who have utilized student health services in the past 12 months, and who seek to expand access to abortion by medication techniques on campus.
(D) Two members drawn from the ranks of staff or providers, or both, at a public university student health center.
(5) If the Treasurer appoints more than nine members, it is the intent of the Legislature that the proportional representation remains substantially the same as set forth in paragraph (4).
(6) Members of the council shall serve without compensation, but may receive reimbursement for travel and other necessary expenses actually incurred in the performance of their official duties.
(7) Members of the council shall serve at the pleasure of the Treasurer, and any vacancies shall be filled by the Treasurer, in consultation with the remaining council members, keeping the proportional representation as set forth in paragraph (4).
(e) The Treasurer, working with the public university student health centers, shall assist and advise on potential pathways for their student health centers to access public and private payers to provide funding for ongoing costs of providing abortion by medication techniques.
(f) (1) The Treasurer shall report to the Legislature, on or before December 31, 2020, and then again on or before December 31, 2021, the number of public university student health centers that have begun providing abortion by medication techniques.
(2) The requirement for submitting reports under paragraph (1) shall become inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code.