BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 496
                                                                  Page  1

          Date of Hearing:   August 20, 2014

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                               Susan A. Bonilla, Chair
                     AB 496 (Gordon) - As Amended:  June 25, 2014
           
          SUBJECT  :   Medicine: continuing medical education: sexual  
          orientation, gender identity, and gender expression.

           SUMMARY  :  Includes information pertinent to the appropriate care  
          and treatment of lesbian, gay, bisexual, transgender (LGBT) and  
          intersex communities in recommended continuing medical education  
          (CME) requirements for cultural competency, and authorizes  
          associations that accredit CME courses to update continuing  
          education standards as needed.  Specifically,  this bill  :  

          1)Authorizes associations that accredit continuing medical  
            education courses to update as needed the standards for  
            continuing medical education courses that contain curriculum  
            that includes cultural and linguistic competency in the  
            practice of medicine. 

          2)Expands the definition of cultural competency to include  
            understanding and applying information pertinent to the  
            appropriate treatment of, and provision of care to, the  
            lesbian, gay, bisexual, transgender and intersex communities  
            to the process of clinical care, as appropriate.

          3)Makes other technical or clarifying changes.  

           EXISTING LAW  :

          1)Establishes the Medical Board of California (MBC) to regulate  
            physicians and surgeons.  Establishes CME standards for  
            physicians and surgeons.  (Business and Professions Code (BPC)  
            2000 et seq.)

          2)Requires that on and after July 1, 2006, all medical CME  
            courses shall contain curricula that include cultural and  
            linguistic competency in the practice of medicine. (BPC  
            2190.1) 

          3)Defines "cultural and linguistic competency" to mean cultural  
            and linguistic abilities that can be incorporated into  








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            therapeutic and medical evaluation and treatment, including,  
            but not limited to, the following:

             a)   Direct communication in the patient-client primary  
               language;

             b)   Understanding and applying the roles that culture,  
               ethnicity, and race play in diagnosis, treatment, and  
               clinical care; and,

             c)   Awareness of how the attitudes, values, and beliefs of  
               health care providers, patients, and society influence and  
               impact professional and patient relations. (BPC 2198.1) 

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   

           1)Purpose of this bill  .  This bill is intended to promote better  
            education of physicians on issues affecting the delivery of  
            care to individuals in the LGBT and intersex communities by  
            including these issues under the definition of "cultural  
            competency" for purposes of updating CME requirements.  This  
            bill is sponsored by Equality California. 

           2)Author's statement  .  According to the author's office, "The  
            Legislature has found culturally and linguistically competent  
            care to be essential in providing patients with the highest  
            level of care.  Medical groups, community organizations and  
            even the federal government are reaching a consensus that more  
            time and resources need to be dedicated to ensure that all  
            Americans have access to quality health care.  Extending  
            cultural competency provisions to members of the LGBT  
            community is not only a medical necessity, but makes common  
            sense.  By addressing the needs of the LGBT community, we can  
            reduce disease transmission and progression, reduce health  
            care costs and increase overall mental and physical well-being  
            for all Californians."

           3)Unique Health Challenges for the LGBT and Intersex Community  .   
            Multiple medical and dental studies have noted unique social  
            and health challenges of the LGBT community, and that  
            additional training for healthcare providers can enhance the  
            quality of care delivered to this population.








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          According to a 2011 article published in the Journal of the  
            American Medical Association, "[LGBT] individuals have  
            specific health and health care needs relating to chronic  
            disease risk, adult and adolescent mental health, unhealthy  
            relationships (e.g. intimate partner violence), gender  
            identity, sexually transmitted infections, and [HIV]  
            infection, among others. Compared with heterosexual and  
            nontransgender socioeconomically matched peers, LGBT  
            individuals are more likely to face barriers accessing  
            appropriate medical care, which may create or increase  
            existing disparities.  A 2011 Institute of Medicine report on  
            the health of LGBT individuals noted that 'although LGBT  
            individuals share with the rest of society the full range of  
            health risks, they also face a profound and poorly understood  
            set of additional health risks due largely to social stigma.'"  


            A 2009 article in the Journal of Dental Education noted the  
            need to make progress within the professional dental  
            population to understand the particular needs of LGBT patients  
            and create a more welcoming environment for both LGBT patients  
            and practitioners.    

           4)CME and cultural competency  .  Existing law requires MBC to  
            adopt and administer standards for CME, and requires that all  
            CME courses contain curriculum that includes cultural and  
            linguistic competency in the practice of medicine.  MBC  
            recognizes certain associations to accredit CME courses, and  
            requires these associations to develop standards to ensure  
            that accredited CME courses comply with MBC's standards.
             
             Current law defines "cultural competency" as a set of  
            integrated attitudes, knowledge, and skills that enable a  
            health care professional or organization to care effectively  
            for patients from diverse cultures, groups, and communities.   
            This bill specifies that cultural competency is recommended to  
            include information pertinent to the appropriate treatment of,  
            and provision of care to, the LGBT and intersex communities.   
            This bill also authorizes the accrediting associations to  
            update their standards to accommodate this new directive.  

           5)Senate amendments  .  The previous version of this bill  
            attempted to achieve the same goal of better educating  
            physicians about LGBT-specific health issues, but by a  








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            different means.  The prior version heard in the Assembly  
            reestablished and expanded the Task Force on Culturally and  
            Linguistically Competent Physicians and Dentists to consider  
            the needs of LGBT groups and required the Cultural and  
            Linguistic Physician Competency Program to address LGBT groups  
            of interest to local medical societies.  This bill now  
            integrates the goal of better understanding the healthcare  
            needs of LGBT and intersex communities into existing CME  
            requirements.  This bill no longer includes dentists, however,  
            but has included the intersex community.   

           6)Arguments in support  .  The American Federation of State,  
            County and Municipal Employees (AFSCME), AFL-CIO, states,  
            "This bill will promote a higher quality of patient care in  
            California for members of the LGBT community.  By directly  
            addressing the care needs of LGBT individuals, this bill will  
            mitigate disease transmission, reduce care costs, and increase  
            the overall mental and physical well-being of patients."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Equality California (sponsor)
          AFSCME
          Medical Board of California

           Opposition 
           
          None on file. 
          
          Analysis Prepared by  :    Sarah Huchel / B.,P. & C.P. / (916)  
          319-3301 


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