BILL ANALYSIS Ó AB 2348 Page 1 ASSEMBLY THIRD READING AB 2348 (Mitchell) As Amended May 29, 2012 Majority vote BUSINESS & PROFESSIONS 6-3 ----------------------------------------------------------------- |Ayes:|Hayashi, Allen, Butler, | | | | |Eng, Hill, Ma | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Bill Berryhill, Hagman, | | | | |Smyth | | | | | | | | ----------------------------------------------------------------- SUMMARY : Allows registered nurses (RNs) to dispense and administer hormonal contraceptives in primary care clinics. Specifically, this bill : 1)Allows RNs to dispense drugs or devices upon an order issued pursuant to existing law, as specified, by a certified nurse-midwife (CNM), nurse practitioner (NP), or physician assistant (PA) if the RN is functioning within a licensed primary care clinic, as specified. 2)Allows RNs to dispense self-administered hormonal contraceptives approved by the federal Food and Drug Administration (FDA) and to administer injections of hormonal contraceptives approved by the FDA in strict adherence to standardized procedures developed in compliance with existing law if the RN is functioning within a licensed primary care clinic, as specified. The standardized procedure shall specify all of the following: a) Which nurse may dispense or administer the hormonal contraceptives; b) Which hormonal contraceptives may be dispensed or administered under specified circumstances, utilizing the most recent version of the United States Medical Eligibility Criteria for Contraceptive Use; c) The extent of physician and surgeon supervision AB 2348 Page 2 required; d) The method of periodic review of the RN's competence; and, e) The method of periodic review of the standardized procedure, including, but not limited to, the required frequency of review and the person conducting that review. EXISTING LAW : 1)Regulates and licenses physicians and surgeons and PAs via the Medical Board of California (MBC). 2)Regulates and licenses RNs, including advanced practice nurses in the categories of CNM or NP, via the Board of Registered Nursing (BRN). 3)Allows RNs to dispense drugs or other devices upon an order by a physician and surgeon if the RN is functioning within a licensed clinic, as specified. 4)Defines "standardized procedures," as it pertains to RN's scope of practice, to mean policies and protocols developed by an organized health care system or a health facility licensed by Department of Public Health (DPH), as specified, through collaboration among administrators and health professionals, including physicians and nurses. These policies and protocols shall be subject to any guidelines for standardized procedures that the Division of Licensing of the MBC and the BRN may jointly promulgate. If promulgated, the guidelines shall be administered by the BRN. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "Across California, many women lack access to birth control, leaving them at significant risk of unintended pregnancy. In some parts of the state, patients of community health clinics cannot access hormonal contraceptives because of the limited supply of prescribers and others who are legally authorized to order or furnish these medications. Lack of enough appropriate staff can result in health centers closing or reducing hours, compounding many communities' unmet family planning needs. For a woman in need AB 2348 Page 3 of birth control these types of shortages can mean waiting long periods of time to schedule a health center appointment, sitting in a waiting room for hours before being seen, or driving long distances to see a provider. All of these barriers place her at greater risk of unintended pregnancy." The BRN regulates California RNs. There are more than 300,000 RNs in California providing health care services in a variety of settings. RNs use a number of titles in their practice, including certified nurse anesthetist, CNM, clinical nurse specialist, critical care nurse, NP, and public health nurse. Existing law allows RNs working in primary care clinics to dispense drugs or other devices only upon an order by a physician and surgeon. This bill expands the number of practitioners under whose orders an RN may dispense medications to include CNMs, NPs, and PAs. This bill also allows RNs to dispense hormonal contraceptives pursuant to standardized procedures as that term is defined in existing law governing RN's scope of practice. Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 FN: 0003989