BILL NUMBER: SB 1501 INTRODUCED
BILL TEXT
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, Hill, Lara, and Williams)
FEBRUARY 24, 2012
An act to amend Section 2253 of the Business and Professions Code,
relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
SB 1501, as introduced, 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.
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, authorizing him or her
to perform or assist in performing the functions necessary for an
abortion by medication or aspiration techniques. The bill would
delete the description of what a nonsurgical abortion includes. The
bill 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) A Except as provided in paragraph
(2), a person is subject to Sections
Section 2052 and 2053 if he or she performs
or assists in performing a surgical 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 a surgical 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 a surgical an
abortion.
(2) A person is subject to Sections
Section 2052 and 2053 if he or she performs
or assists in performing a nonsurgical abortion
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)), that authorizes him or her to
perform or assist in performing the functions necessary for
a nonsurgical an abortion by medication or
aspiration techniques .
(c) For purposes of this section, "nonsurgical abortion" includes
termination of pregnancy through the use of pharmacological agents.
SEC. 2. 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.