BILL NUMBER: SB 1338 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
AMENDED IN SENATE MARCH 26, 2012
INTRODUCED BY Senator Kehoe
(Principal coauthor: Senator Steinberg)
(Principal coauthors: Assembly Members Atkins, John A. Pérez, and
Skinner)
(Coauthors: Senators Alquist, De León, DeSaulnier, Evans, Hancock,
Leno, Lieu, Liu, and Wolk)
(Coauthors: Assembly Members Ammiano, Blumenfield, Brownley,
Butler, Lara, and Williams)
FEBRUARY 24, 2012
An act to amend , repeal, and add Section 2253 of the
Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1338, as amended, Kehoe. Abortion.
Existing law makes it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
or assist in performing a surgical abortion if the person does not
have a valid license to practice as a physician and surgeon, or to
assist in performing a surgical abortion without a valid license or
certificate obtained in accordance with some other provision of law
that authorizes him or her to perform the functions necessary to
assist in performing a surgical abortion. Existing law also makes it
a public offense, punishable by a fine not exceeding $10,000 or
imprisonment, or both, for a person to perform or assist in
performing a nonsurgical abortion if the person does not have a valid
license to practice as a physician and surgeon or does not have a
valid license or certificate obtained in accordance with some other
provision of law authorizing him or her to perform or assist in
performing the functions necessary for a nonsurgical abortion. Under
existing law, nonsurgical abortion includes termination of pregnancy
through the use of pharmacological agents.
Existing law, the Nursing Practice Act, provides for the licensure
and regulation of registered nurses, including nurse practitioners
and certified nurse-midwives, by the Board of Registered Nursing.
Existing law, the Physician Assistant Practice Act, provides for the
licensure and regulation of physician assistants by the Physician
Assistant Committee of the Medical Board of California.
This bill would make it a public offense, punishable by a fine not
exceeding $10,000 or imprisonment, or both, for a person to perform
or assist in performing an abortion if the person
does not have a valid license to practice as a physician and surgeon,
or to assist in performing an abortion without a valid license or
certificate obtained in accordance with some other provision
of law authorizing him or her to perform the functions
necessary to assist in performing an abortion, except as specified.
The bill would also make it a public offense, punishable by a fine
not exceeding $10,000 or imprisonment, or both, for a person to
perform or assist in performing an abortion by
medication or aspiration techniques without a valid license to
practice as a physician and surgeon or without a license or
certificate obtained in accordance with some other provision
of law, including, but not limited to, the Nursing Practice Act or
the Physician Assistant Practice Act, to practice as a
nurse practitioner, a certified nurse-midwife, or a physician
assistant authorizing him or her to perform or assist
in performing the functions necessary for an abortion by
medication or aspiration techniques. The bill would also, until
January 1, 2015, require a nurse practitioner, certified
nurse-midwife, or physician assistant to complete specified training
in order to perform an abortion by aspiration techniques, but would
indefinitely authorize a nurse practitioner, certified nurse-midwife,
or physician assistant who completed a specified training program
and achieved clinical competency to continue to perform abortions by
aspiration techniques. The bill would delete the description of
what a nonsurgical abortion includes . The bill
and would make other technical,
nonsubstantive changes.
Because the bill would change the definition of crimes, the bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2253 of the Business and Professions Code is
amended to read:
2253. (a) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
(b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs or assists in
performing an abortion, and at the time of so doing, does
not have a valid, unrevoked, and unsuspended license to practice as a
physician and surgeon as provided in this chapter, or if he or she
assists in performing an abortion and does not have a valid,
unrevoked, and unsuspended license or certificate obtained in
accordance with some other provision of law that
authorizes him or her to perform the functions necessary to assist in
performing an abortion.
(2) A person is subject to Section 2052 if he or she performs
or assists in performing an abortion by medication
or aspiration techniques, and at the time of so doing, does not have
a valid, unrevoked, and unsuspended license to practice as a
physician and surgeon as provided in this chapter, or does not have a
valid, unrevoked, and unsuspended license or certificate
obtained in accordance with some other provision of law, including,
but not limited to, the Nursing Practice Act (Chapter 6 (commencing
with Section 2700)) or the Physician Assistant Practice Act (Chapter
7.7 (commencing with Section 3500)), to practice as a
nurse practitioner, a certified nurse- midwife, or a
physician assistant that authorizes him or her to perform
or assist in performing the functions necessary
for an abortion by medication or aspiration techniques , subject
to subdivision (c) .
(c) For purposes of paragraph (2) of subdivision (b), both of the
following shall apply:
(1) In order to perform an abortion by aspiration techniques, a
person with a license or certificate to practice as a nurse
practitioner or a certified nurse-midwife shall complete training
recognized by the Board of Registered Nursing. The training protocols
established by Health Care Workforce Pilot Project (HWPP) No. 171
through the Office of Statewide Health Planning and Development shall
be considered as recognized by the board and deemed to satisfy this
requirement. A nurse practitioner or certified nurse-midwife who has
completed training and achieved clinical competency through HWPP No.
171 shall be authorized to continue to perform abortions by
aspiration techniques.
(2) In order to receive authority from his or her supervising
physician and surgeon to perform an abortion by aspiration
techniques, a physician assistant shall complete training either
through training programs approved by the Physician Assistant
Committee pursuant to Section 3513 or by training to perform medical
services which augment his or her current areas of competency
pursuant to Section 1399.543 of Title 16 of the California Code of
Regulations. The training protocols established by HWPP No. 171 shall
be deemed to meet the standards of the Physician Assistant
Committee. A physician assistant who has completed training and
achieved clinical competency through HWPP No. 171 shall be authorized
to continue to perform abortions by aspiration techniques.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 2. Section 2253 is added to the
Business and Professions Code , to read:
2253. (a) Failure to comply with the Reproductive Privacy Act
(Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2
of Division 106 of the Health and Safety Code) in performing,
assisting, procuring or aiding, abetting, attempting, agreeing, or
offering to procure an illegal abortion constitutes unprofessional
conduct.
(b) (1) Except as provided in paragraph (2), a person is subject
to Section 2052 if he or she performs an abortion, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or if he or she assists in performing an abortion and does not have a
valid, unrevoked, and unsuspended license or certificate obtained in
accordance with law that authorizes him or her to perform the
functions necessary to assist in performing an abortion.
(2) A person is subject to Section 2052 if he or she performs an
abortion by medication or aspiration techniques, and at the time of
so doing, does not have a valid, unrevoked, and unsuspended license
to practice as a physician and surgeon as provided in this chapter,
or does not have a valid, unrevoked, and unsuspended license or
certificate to practice as a nurse practitioner, a certified
nurse-midwife, or a physician assistant that authorizes him or her to
perform the functions necessary for an abortion by medication or
aspiration techniques. A nurse practitioner, certified nurse-midwife,
or physician assistant who has completed training and achieved
clinical competency through Health Care Workforce Pilot Project
(HWPP) No. 171 through the Office of Statewide Health Planning and
Development shall be authorized to continue to perform abortions by
aspiration techniques.
(c) This section shall become operative on January 1, 2015.
SEC. 2. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.