BILL ANALYSIS �
SB 747
Page 1
SENATE THIRD READING
SB 747 (Kehoe)
As Amended August 26, 2011
Majority vote
SENATE VOTE :25-12
BUSINESS & PROFESSIONS 6-2
APPROPRIATIONS 12-5
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|Ayes:|Hayashi, Allen, Butler, |Ayes:|Fuentes, Blumenfield, |
| |Eng, | |Bradford, Charles |
| |Hill, Ma | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bill Berryhill, Smyth |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires physicians and surgeons, physician
assistants, registered nurses, nurse practitioners, licensed
vocational nurses, psychiatric technicians, psychologists,
marriage and family therapists, licensed clinical social
workers, and certified nurse assistants to complete specified
continuing education (CE) or training in cultural competency,
sensitivity, and best practices for providing adequate care to
lesbian, gay, bisexual and transgender (LGBT) persons.
Specifically, this bill :
1)Requires, on and after January 1, 2013, the healing arts
boards or committees, except the Board of Registered Nursing
(BRN), that regulate the professions specified above 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.
The course must be between two and five hours in duration and
must contain content similar to the content described in the
publication of the Gay and Lesbian Medical Association
entitled "Guidelines for Care of Lesbian, Gay, Bisexual, and
Transgender Patients." The boards or committees may specify
the required contents of the course by regulation.
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2)Requires persons licensed by these boards, except the BRN,
before January 1, 2013, to complete the course no later than
January 1, 2017. Persons who are newly licensed by these
boards on and after January 1, 2013, must complete the course
within four years of their initial license issuance date or
their second license renewal date, whichever occurs first.
These boards must enforce this requirement in the same manner
as they enforce other required CE requirements.
3)Allows the Medical Board of California to exempt physicians
and surgeons by practice status category from the requirements
of this bill if the physician and surgeon does not engage in
direct patient care, does not provide patient consultations,
or does not reside in California.
4)Exempts from this bill's requirements physicians and surgeons
practicing in pathology or radiology specialty areas.
5)Requires persons licensed by BRN before January 1, 2013, to
complete the course no later than January 1, 2018. The BRN
must not enforce this requirement nor shall the BRN ensure
compliance of licensees except to inform licensees that this
requirement exists and that proof of compliance must be
submitted during the license renewal process. The requirement
applies to all persons licensed by the BRN, including nurse
practitioners.
6)Requires, on and after January 1, 2013, at least two, but not
more than five, hours of the classroom training required for
nurse assistant certification to provide instruction on
cultural competency, sensitivity, and best practices for
providing adequate care to LGBT persons. Nurse assistants
certified by the Department of Public Health (DPH) before
January 1, 2013, must complete the course no later than
January 1, 2017. Persons who are newly certified on and after
January 1, 2013, must complete the course within four years of
their initial certificate issuance date or their second
certificate renewal date, whichever occurs first. The
instruction must contain content similar to the content
described in the publication of the Gay and Lesbian Medical
Association, as specified. DPH may specify the required
contents of the course by regulation, and must enforce this
requirement in the same manner as it enforces other training
SB 747
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requirements.
FISCAL EFFECT : According to Assembly Appropriations Committee:
1)One-time costs of approximately $100,000 to the Department of
Public Health (DPH) to notify certified nurse assistants
(CNAs) of the new requirements and approve training programs.
2)Minor, absorbable costs to the Board of Behavioral Sciences,
Board of Psychology, Board of Registered Nursing, Board of
Vocational Nursing and Psychiatric Technicians, and the
Medical Board within the Department of Consumer Affairs to
communicate the new requirements, modify license application
and renewal forms, and verify licensee compliance.
COMMENTS : Physicians and surgeons, physician assistants,
registered nurses, licensed vocational nurses, psychologists,
psychiatric technicians, marriage and family therapists, and
clinical social workers must complete CE 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.
This bill requires that CE course content required by this
measure be similar to the content described in the publication
of the Gay and Lesbian Medical Association entitled, "Guidelines
for the Care of Lesbian, Gay, Bisexual, and Transgender
Patients" (Guidelines). The Guidelines discuss three different
areas of patient care, creating a welcoming clinical environment
for LGBT patients in general, and additional considerations
specific to each gender. In creating a welcoming atmosphere,
the Guidelines suggest different methods for promoting openness
within the patient-provider relationship. Included in these
methods are placing materials within the office that will help
LGBT patients feel more comfortable sharing information with
their health care provider, changes to the standard intake form
to allow the patient to be more comfortable about being open
about their sexual orientation or gender identity expression,
methods to facilitate open patient and provider discussions in
the initial intake interview, and making assurances of
confidentiality. There are also some general health concerns
that are prevalent within this community, which includes
depression, stress, and anxiety.
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Additionally, the guidelines highlight common physical and
mental health issues and risk factors that may be particularly
relevant in the context of the lives of lesbian and bisexual
women as well as gay and bisexual men. Included in this section
are some screenings that health care providers should be
offering to these groups. Lastly, the Guidelines provide a list
of resources that can be used to obtain more information about
specific health concerns.
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301
FN: 0002226