BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 747|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 747
Author: Kehoe (D)
Amended: 4/25/11
Vote: 21
SENATE BUSINESS, PROF & ECON DEVELOP COMM : 6-2, 04/11/11
AYES: Price, Corbett, Correa, Hernandez, Negrete McLeod,
Vargas
NOES: Walters, Wyland
NO VOTE RECORDED: Emmerson
SENATE APPROPRIATIONS COMMITTEE : 6-3, 05/09/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Continuing education: lesbian, gay, bisexual,
and
transgender patients
SOURCE : Equality California
DIGEST : This bill requires physicians and surgeons,
registered nurses, licensed vocational nurses,
psychologists, psychiatric technicians, marriage and family
therapists, and clinical social workers, to take at least
one continuing education course that provides instruction
on cultural competency, sensitivity, and best practices for
providing adequate care to lesbian, gay, bisexual, and
transgender persons (LGBT) on and after January 1, 2013, as
specified.
CONTINUED
SB 747
Page
2
ANALYSIS : Existing law:
1.Establishes the Medical Board of California (MBC) to
regulate physicians and surgeons. Establishes continuing
education (CE) standards for physicians and surgeons.
Requires that 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.Requires the MBC to adopt standards for the certification
of medical assistants.
3.Establishes the Board of Registered Nursing to regulate
the practice of registered nurses. Requires that any
registered nurse that renews a license to submit proof of
CE courses in the registered nurse field, as specified.
4.Establishes the Board of Vocational Nurses and
Psychiatric Technicians to regulate the practice of
licensed vocational nurses and psychiatric technicians.
Requires licensed vocational nurses and psychiatric
technicians to complete CE courses as part of licensure
renewal.
5.Establishes the Physician Assistant Committee within the
MBC to regulate the practice of physician assistants.
Prescribes CE requirements for physician assistants.
6.Establishes the Board of Psychology to regulate the
practice of psychologists. Requires licensed
psychologists to complete CE courses.
7.Establishes the Board of Behavioral Sciences to regulate
the practice of marriage and family therapists (MFTs) and
clinical social workers. Prescribes CE requirements for
these practitioners.
8.Establishes the Department of Public Health (DPH), to
among other functions, provide certification for nurse
assistants. Specifies the requirements for an approved
nurse assistant training program.
CONTINUED
SB 747
Page
3
This bill:
1.Requires the healing arts boards or committees that
regulate and license physicians and surgeons, registered
nurses, licensed vocational nurses, psychologists,
physician assistants, psychiatric technicians, marriage
and family therapists and clinical social workers to
require their licensees to take at least one CE course
that provides instruction on cultural competency,
sensitivity, and best practices for providing adequate
care to LGBT persons on and after January 1, 2013.
States that practitioners licensed by these boards before
January 1, 2013 must complete the course no later than
January 1, 2017. Requires that persons who are newly
licensed on and after January 1, 2013 to complete the
course within four years of initial license issuance date
or their second license renewal date, whichever occurs
first.
2.Requires that the CE course specified in item #2 above,
to be between two and five hours in duration and contain
content similar to the content described in the
publication of the Gay and Lesbian Medical Association,
as specified. Allows the specified healing arts boards
to specify the required contents of the course by
regulation, and to enforce these requirements in the same
manner as other required CE requirements are enforced.
3.States that on and after January 1, 2013, the training
program for nurse assistant certification must include at
least two, but not more than five, hours of the classroom
training to provide instruction on cultural competency,
sensitivity, and best practices for providing adequate
care to LGBT persons. States that nurse assistants
certified by DPH before January 1, 2013 shall complete
the course no later than January 1, 2017. Persons who
are newly certified on and after January 1, 2013 shall
complete the course within four years of their initial
certificate issuance date or their second certificate
renewal date, whichever occurs first. States that the
instruction must contain content similar to the content
described in the publication of the Gay and Lesbian
Medical Association, as specified.
CONTINUED
SB 747
Page
4
Background
Physicians and surgeons, physician assistants, registered
nurses, licensed vocational nurses, psychologists,
psychiatric technicians, MFTs and clinical social workers
must complete continuing education courses to renew their
license. Healing arts boards generally do not mandate the
courses that must be taken but they must be relevant to the
licensee's area of practice. However, there are certain
courses that are required to be taken by specific
licensees. For example, physicians and surgeons are
required to complete CE courses in cultural and linguistic
competency, pain management and the treatment of terminally
ill and dying patients. Additionally, psychologists are
required to show evidence of completion of training in
human sexuality, child abuse assessment and training, and
aging and long-term care. These required continuing
education courses, similar to the requirements of this
bill, are one-time course requirements.
Comments
Currently, DPH's Licensing and Certification Section is
responsible for the certification of nurse assistants. DPH
prepares and maintains a list of approved training programs
for nurse assistants, including programs conducted by
skilled nursing or intermediate care facilities.
Currently, a nurse assistant training program includes a
16-hour orientation program for facilities participating in
the Medicare or Medicaid programs; at least 60 classroom
hours of training on basic nursing skills, patient safety
and rights, as specified; 100 hours of supervised and
on-the-job training clinical practice. This bill requires
that for purposes of certification, nurse assistants, on
and after January 1, 2013, must fulfill at least two, but
not more than five hours of classroom training on cultural
competency, sensitivity, and best practices for providing
adequate care to LGBT persons.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
CONTINUED
SB 747
Page
5
Major Provisions 2011-12 2012-13
2013-14 Fund
Continuing education
requirement
- BRN* $35 $71 $71 Special**
- BVNPT*** $35 $61 $61
Special****
- Other Minor,
absorbable costs, ongoing
Special*****
* Board of Registered Nursing
** Board of Registered Nursing Fund
*** Board of Vocational Nursing and Psychiatric Technicians
**** Vocational Nursing and Psychiatric Technicians Fund
***** Psychology Fund, Contingent Fund of the Medical Board
of California, Behavioral Science Examiners' Fund
SUPPORT : (Verified 5/10/11)
Equality California (source)
Antioch University
California Association of Marriage and Family Therapists,
San Francisco Chapter
California Communities United Institute
California Mental Health Directors Assn.
California National Organization for Women
California STD Controllers Association
Dr. Susan Love Research Foundation
Gay and Lesbian Medical Association
Lesbian and Gay Psychotherapists Association of the San
Francisco Bay Area (Gaylesta)
Lesbian and Gay Psychotherapy Association of Southern
California
LGBTQ Youth Space of Santa Clara County
Los Angeles Gay and Lesbian Center
Mental Health America of Northern California
Openhouse
Pacific Center for Human Growth
Planned Parenthood Mar Monte
Planned Parenthood of orange and San Bernardino Counties
The Trevor Project
CONTINUED
SB 747
Page
6
OPPOSITION : (Verified 5/10/11)
California Association for Marriage and Family Therapists
California Orthopaedic Association
American Nurses Association California
California Academy of Family Physicians
California Psychological Association
California Right to Life Committee
Department of Consumer Affairs
Kaiser Permanente
ARGUMENTS IN SUPPORT : Supporters, such as the Gay and
Lesbian Medical Association state that continuing education
addressing cultural competency in LGBT health is a critical
component to improving health outcomes for California's
LGBT persons. Additionally, the California STD Controllers
Association, comprised of STD control officers who lead
sexually transmitted disease prevention and control
programs in California, state that education can improve a
providers' ability to care for LGBT patients, improve
knowledge and attitudes toward LGBT health, and reduce
health disparities among LGBT residents, including those
related to sexual health.
ARGUMENTS IN OPPOSITION : The California Psychological
Association has taken an oppose position and states that
competency to provide care to LGBT individuals is currently
being taught in multicultural courses, family systems,
lifespan development, and in real life applications through
practicum and internship. Further, it points out that the
course in human sexuality currently includes the study of
physiological-psychological and social-cultural variable
associated with sexual identity, sexual behavior, or sexual
disorders.
JJA:nl 5/16/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
SB 747
Page
7
CONTINUED