BILL NUMBER: AB 496	CHAPTERED
	BILL TEXT

	CHAPTER  630
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2014
	PASSED THE SENATE  AUGUST 7, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN SENATE  JUNE 25, 2014
	AMENDED IN SENATE  JUNE 25, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013
	AMENDED IN ASSEMBLY  APRIL 2, 2013

INTRODUCED BY   Assembly Member Gordon
   (Coauthors: Assembly Members Ammiano and Atkins)
   (Coauthors: Senators Lara and Leno)

                        FEBRUARY 20, 2013

   An act to amend Section 2190.1 of the Business and Professions
Code, relating to medicine.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 496, Gordon. Medicine: continuing medical education: sexual
orientation, gender identity, and gender expression.
   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.
Existing law requires all continuing medical education courses on or
after July 1, 2006, to contain curriculum that includes cultural and
linguistic competency, as defined, in the practice of medicine.
Existing law requires accrediting associations to develop standards
for compliance with the cultural competency requirement before July
1, 2006, and authorizes the development of these standards in
conjunction with an advisory group that has expertise in cultural and
linguistic competency issues, as specified.
   This bill would authorize the accrediting associations to update
these compliance standards, as needed, in conjunction with the
advisory group described above.
   Existing law, for purposes of these provisions, defines cultural
competency as 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. Existing law recommends that this definition, at a
minimum, include, among other things, understanding and applying
cultural and ethnic data to the process of clinical care.
   This bill would expand this recommendation to include, as
appropriate, information pertinent to the appropriate treatment of,
and provision of care to, the lesbian, gay, bisexual, transgender,
and intersex communities.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 that serve to maintain, develop, or
increase the knowledge, skills, and professional performance that a
physician and surgeon uses to provide care, or to improve the quality
of care provided to patients. These may include, but are 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 or a course
offered by a continuing medical education provider that is not
located in this state is 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 update
these standards, as needed, 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, including, as appropriate, information
pertinent to the appropriate treatment of, and provision of care to,
the lesbian, gay, bisexual, transgender, and intersex communities.
   (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.