BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2348
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2348 (Mitchell) 
          As Amended  May 29, 2012
          Majority vote 

           BUSINESS & PROFESSIONS               6-3                        
           
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          |Ayes:|Hayashi, Allen, Butler,   |     |                          |
          |     |Eng, Hill, Ma             |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Bill Berryhill, Hagman,   |     |                          |
          |     |Smyth                     |     |                          |
          |     |                          |     |                          |
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           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
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               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
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          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 


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