BILL NUMBER: SB 1080	CHAPTERED  10/11/01

	CHAPTER  730
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2001
	APPROVED BY GOVERNOR  OCTOBER 10, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 10, 2001
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2001
	AMENDED IN ASSEMBLY  AUGUST 20, 2001
	AMENDED IN SENATE  MAY 23, 2001
	AMENDED IN SENATE  MAY 8, 2001
	AMENDED IN SENATE  APRIL 25, 2001

INTRODUCED BY   Senator Bowen

                        FEBRUARY 23, 2001

   An act to add Section 2249 to the Business and Professions Code,
relating to health care.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1080, Bowen.  Medical care providers:  gynecological cancers.
   Existing law requires medical care providers, as defined, to give
to each patient during an annual gynecological examination a
standardized written summary describing symptoms and appropriate
methods of diagnoses of gynecological cancers.
   This bill would require that the standardized summary be in
layperson's language, explaining the symptoms and appropriate methods
of diagnoses for gynecological cancers in a language understood by
the patient.  The bill would make a physician and surgeon subject to
citation and an administrative fine upon the 2nd and subsequent
complaints of his or her failure to provide the patient with this
summary.  The bill would require that these fines be credited to the
Contingent Fund of the Medical Board of California to be used to
provide information to women about gynecological cancers, but would
specify that the expenditure of these funds is contingent upon an
appropriation by the Legislature.


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


  SECTION 1.  Section 2249 is added to the Business and Professions
Code, 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 Health
Services pursuant to Section 138.4 of the Health and Safety Code.
   (b) A physician and surgeon who violates this section may be cited
and assessed an administrative fine.  No citation shall be issued
and no fine shall be assessed upon the first complaint against a
physician and surgeon who violates this section.  Upon the second and
subsequent complaints against a physician or surgeon who violates
this section, a citation may be issued and an administrative fine may
be assessed.
   (c) Notwithstanding any other provision of law, all fines
collected pursuant to this section 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 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) Section 2314 shall not apply to this section.
  SEC. 2.  It is the intent of the Legislature in enacting this act
to ensure that women receive information on gynecological cancer as
currently required by Section 109278 of the Health and Safety Code.