BILL NUMBER: AB 1195 CHAPTERED
BILL TEXT
CHAPTER 514
FILED WITH SECRETARY OF STATE OCTOBER 4, 2005
APPROVED BY GOVERNOR OCTOBER 4, 2005
PASSED THE ASSEMBLY SEPTEMBER 1, 2005
PASSED THE SENATE AUGUST 31, 2005
AMENDED IN SENATE AUGUST 25, 2005
AMENDED IN SENATE JULY 6, 2005
AMENDED IN SENATE JUNE 21, 2005
AMENDED IN ASSEMBLY MAY 27, 2005
AMENDED IN ASSEMBLY APRIL 21, 2005
AMENDED IN ASSEMBLY MARCH 31, 2005
INTRODUCED BY Assembly Member Coto
(Principal coauthor: Assembly Member Chu)
FEBRUARY 22, 2005
An act to amend Section 2190.1 of the Business and Professions
Code, relating to physicians and surgeons.
LEGISLATIVE COUNSEL'S DIGEST
AB 1195, Coto Continuing education: cultural and linguistic
competency.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California. Under the act, a physician and surgeon is required to
demonstrate satisfaction of continuing education requirements. The
act also creates a voluntary program for interested physicians and
surgeons to learn a foreign language and cultural beliefs and
practices that may impact patient health care practices.
This bill would require on and after July 1, 2006, that continuing
medical education courses, except as specified, include curriculum
in the subjects of cultural and linguistic competency in the practice
of medicine, as defined. The bill would require accreditation
associations to develop standards for this curriculum before July 1,
2006.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to encourage
physicians and surgeons, continuing medical education providers
located in this state, and the Accreditation Council for Continuing
Medical Education to meet the cultural and linguistic concerns of a
diverse patient population through appropriate professional
development.
SEC. 2. Section 2190.1 of the Business and Professions Code is
amended to read:
2190.1. (a) The continuing medical education standards of Section
2190 may be met by educational activities that meet the standards of
the Division of Licensing and serve to maintain, develop, or
increase the knowledge, skills, and professional performance that a
physician and surgeon uses to provide care, or improve the quality of
care provided for patients, including, but not limited to,
educational activities that meet any of the following criteria:
(1) Have a scientific or clinical content with a direct bearing on
the quality or cost-effective provision of patient care, community
or public health, or preventive medicine.
(2) Concern quality assurance or improvement, risk management,
health facility standards, or the legal aspects of clinical medicine.
(3) Concern bioethics or professional ethics.
(4) Are designed to improve the physician-patient relationship.
(b) (1) On and after July 1, 2006, all continuing medical
education courses shall contain curriculum that includes cultural and
linguistic competency in the practice of medicine.
(2) Notwithstanding the provisions of paragraph (1), a continuing
medical education course dedicated solely to research or other issues
that does not include a direct patient care component and a course
offered by a continuing medical education provider that is not
located in this state are not required to contain curriculum that
includes cultural and linguistic competency in the practice of
medicine.
(3) Associations that accredit continuing medical education
courses shall develop standards before July 1, 2006, for compliance
with the requirements of paragraph (1). The associations may develop
these standards in conjunction with an advisory group that has
expertise in cultural and linguistic competency issues.
(4) A physician and surgeon who completes a continuing education
course meeting the standards developed pursuant to paragraph (3)
satisfies the continuing education requirement for cultural and
linguistic competency.
(c) In order to satisfy the requirements of subdivision (b),
continuing medical education courses shall address at least one or a
combination of the following:
(1) Cultural competency. For the purposes of this section,
"cultural competency" means a set of integrated attitudes, knowledge,
and skills that enables a health care professional or organization
to care effectively for patients from diverse cultures, groups, and
communities. At a minimum, cultural competency is recommended to
include the following:
(A) Applying linguistic skills to communicate effectively with the
target population.
(B) Utilizing cultural information to establish therapeutic
relationships.
(C) Eliciting and incorporating pertinent cultural data in
diagnosis and treatment.
(D) Understanding and applying cultural and ethnic data to the
process of clinical care.
(2) Linguistic competency. For the purposes of this section,
"linguistic competency" means the ability of a physician and surgeon
to provide patients who do not speak English or who have limited
ability to speak English, direct communication in the patient's
primary language.
(3) A review and explanation of relevant federal and state laws
and regulations regarding linguistic access, including, but not
limited to, the federal Civil Rights Act (42 U.S.C. Sec. 1981, et
seq.), Executive Order 13166 of August 11, 2000, of the President of
the United States, and the Dymally-Alatorre Bilingual Services Act
(Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1
of the Government Code).
(d) Notwithstanding subdivision (a), educational activities that
are not directed toward the practice of medicine, or are directed
primarily toward the business aspects of medical practice, including,
but not limited to, medical office management, billing and coding,
and marketing shall not be deemed to meet the continuing medical
education standards for licensed physicians and surgeons.
(e) Educational activities that meet the content standards set
forth in this section and are accredited by the California Medical
Association or the Accreditation Council for Continuing Medical
Education may be deemed by the Division of Licensing to meet its
continuing medical education standards.