| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate July 03, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1030Introduced by Assembly Members Calderon and Petrie-NorrisFebruary 21, 2019 An act to amend Section 2249 of, and to add Section 2248.9 to, add Article 10.8 (commencing with Section 750) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1030, as amended, Calderon. Pelvic examinations: informational pamphlet.Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine.This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified.The bill, commencing one month after the board makes the informational pamphlet available, would expand those provisions by additionally requiring a physician and surgeon primarily responsible for providing a patient an annual gynecological examination, require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination with that physician and surgeon or medical group. examination. The bill would require the physician and surgeon to have the patient sign and date a form confirming licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751.SECTION 1.Section 2248.9 is added to the Business and Professions Code, to read:2248.9.(a)On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1)What a pelvic exam is and how it is properly performed.(2)If applicable, a description of other relevant exams.(3)Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4)An explanation of what a speculum is and how it should be properly used during an examination.(5)That gloves should be worn by the practitioner during the examination.(6)A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b)The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.SEC. 2.Section 2249 of the Business and Professions Code is amended to read:2249.(a)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Public Health pursuant to Section 138.4 of the Health and Safety Code.(b)(1)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall, before a patients first pelvic examination with the physician and surgeon or medical group, provide the patient with the informational pamphlet developed pursuant to Section 2248.9. The physician and surgeon shall have the patient sign and date a form confirming that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. Forms showing receipt of the information shall be kept as part of the patients medical record.(2)This subdivision shall become operative one month after the board makes the informational pamphlet available on its internet website as provided in Section 2248.9. (c)A physician and surgeon who violates this section may be cited and assessed an administrative fine. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed.(d)Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e)Section 2314 shall not apply to this section. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate July 03, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1030Introduced by Assembly Members Calderon and Petrie-NorrisFebruary 21, 2019 An act to amend Section 2249 of, and to add Section 2248.9 to, add Article 10.8 (commencing with Section 750) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 1030, as amended, Calderon. Pelvic examinations: informational pamphlet.Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine.This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified.The bill, commencing one month after the board makes the informational pamphlet available, would expand those provisions by additionally requiring a physician and surgeon primarily responsible for providing a patient an annual gynecological examination, require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination with that physician and surgeon or medical group. examination. The bill would require the physician and surgeon to have the patient sign and date a form confirming licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate July 03, 2019 Amended IN Senate June 03, 2019 Amended IN Assembly March 26, 2019 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate August 13, 2019 | |
| 8 | 7 | Amended IN Senate July 03, 2019 | |
| 9 | 8 | Amended IN Senate June 03, 2019 | |
| 10 | 9 | Amended IN Assembly March 26, 2019 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Assembly Bill | |
| 15 | 14 | ||
| 16 | 15 | No. 1030 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Members Calderon and Petrie-NorrisFebruary 21, 2019 | |
| 19 | 18 | ||
| 20 | 19 | Introduced by Assembly Members Calderon and Petrie-Norris | |
| 21 | 20 | February 21, 2019 | |
| 22 | 21 | ||
| 23 | - | An act to add Article 10.8 (commencing with Section 750) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. | |
| 22 | + | An act to amend Section 2249 of, and to add Section 2248.9 to, add Article 10.8 (commencing with Section 750) to Chapter 1 of Division 2 of the Business and Professions Code, relating to healing arts. | |
| 24 | 23 | ||
| 25 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 27 | ||
| 29 | 28 | AB 1030, as amended, Calderon. Pelvic examinations: informational pamphlet. | |
| 30 | 29 | ||
| 31 | - | Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine.This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified.The bill, commencing one month after the board makes the informational pamphlet available, would require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination. The bill would require the licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine. | |
| 30 | + | Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine.This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified.The bill, commencing one month after the board makes the informational pamphlet available, would expand those provisions by additionally requiring a physician and surgeon primarily responsible for providing a patient an annual gynecological examination, require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination with that physician and surgeon or medical group. examination. The bill would require the physician and surgeon to have the patient sign and date a form confirming licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine. | |
| 32 | 31 | ||
| 33 | 32 | Existing law establishes the Medical Board of California within the Department of Consumer Affairs to enforce the licensing and regulatory provisions relating to physicians and surgeons. Existing law requires a physician and surgeon primarily responsible for providing a patient an annual gynecological examination to provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. Existing law makes a failure to provide that information punishable by citation and an administrative fine. | |
| 34 | 33 | ||
| 35 | 34 | This bill, on or before July 1, 2020, would require the board, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians, to develop an informational pamphlet for patients undergoing pelvic examinations that includes specified information, including what pelvic and other relevant exams are and how they are performed and privacy expectations for patients. The bill would require the board to make the informational pamphlet available for use by licensees performing pelvic examinations, as specified. | |
| 36 | 35 | ||
| 37 | - | The bill, commencing one month after the board makes the informational pamphlet available, would require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination. The bill would require the licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine. | |
| 36 | + | The bill, commencing one month after the board makes the informational pamphlet available, would expand those provisions by additionally requiring a physician and surgeon primarily responsible for providing a patient an annual gynecological examination, require a licensee, as defined, to provide a patient with the informational pamphlet before a patients first pelvic examination with that physician and surgeon or medical group. examination. The bill would require the physician and surgeon to have the patient sign and date a form confirming licensee to obtain a signed acknowledgment that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. maintain the signed acknowledgment as part of the patients medical record. The bill would make a violation of the bills provisions subject to a citation and an administrative fine. | |
| 38 | 37 | ||
| 39 | 38 | ## Digest Key | |
| 40 | 39 | ||
| 41 | 40 | ## Bill Text | |
| 42 | 41 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751.SECTION 1.Section 2248.9 is added to the Business and Professions Code, to read:2248.9.(a)On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1)What a pelvic exam is and how it is properly performed.(2)If applicable, a description of other relevant exams.(3)Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4)An explanation of what a speculum is and how it should be properly used during an examination.(5)That gloves should be worn by the practitioner during the examination.(6)A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b)The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.SEC. 2.Section 2249 of the Business and Professions Code is amended to read:2249.(a)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Public Health pursuant to Section 138.4 of the Health and Safety Code.(b)(1)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall, before a patients first pelvic examination with the physician and surgeon or medical group, provide the patient with the informational pamphlet developed pursuant to Section 2248.9. The physician and surgeon shall have the patient sign and date a form confirming that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. Forms showing receipt of the information shall be kept as part of the patients medical record.(2)This subdivision shall become operative one month after the board makes the informational pamphlet available on its internet website as provided in Section 2248.9. (c)A physician and surgeon who violates this section may be cited and assessed an administrative fine. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed.(d)Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e)Section 2314 shall not apply to this section. | |
| 44 | 43 | ||
| 45 | 44 | The people of the State of California do enact as follows: | |
| 46 | 45 | ||
| 47 | 46 | ## The people of the State of California do enact as follows: | |
| 48 | 47 | ||
| 49 | - | SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 48 | + | SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751. | |
| 50 | 49 | ||
| 51 | 50 | SECTION 1. Article 10.8 (commencing with Section 750) is added to Chapter 1 of Division 2 of the Business and Professions Code, to read: | |
| 52 | 51 | ||
| 53 | 52 | ### SECTION 1. | |
| 54 | 53 | ||
| 55 | - | Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 54 | + | Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751. | |
| 56 | 55 | ||
| 57 | - | Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 56 | + | Article 10.8. Pelvic Exams750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations.751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish.752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751. | |
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| 59 | 58 | Article 10.8. Pelvic Exams | |
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| 61 | 60 | Article 10.8. Pelvic Exams | |
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| 63 | 62 | 750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations. | |
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| 67 | 66 | 750. For purposes of this article, licensee means a person licensed, certified, registered, or otherwise subject to regulation under this division who, acting within the scope of their practice in accordance with standardized protocols where they exist and in conformity with the standard of care for their profession, is authorized to perform pelvic examinations. | |
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| 69 | 68 | 751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following:(1) What a pelvic exam is and how it is properly performed.(2) If applicable, a description of other relevant exams.(3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided.(4) An explanation of what a speculum is and how it should be properly used during an examination.(5) That gloves should be worn by the licensee during the examination.(6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred.(b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both.(c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish. | |
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| 73 | 72 | 751. (a) On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following: | |
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| 75 | 74 | (1) What a pelvic exam is and how it is properly performed. | |
| 76 | 75 | ||
| 77 | 76 | (2) If applicable, a description of other relevant exams. | |
| 78 | 77 | ||
| 79 | 78 | (3) Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided. | |
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| 81 | 80 | (4) An explanation of what a speculum is and how it should be properly used during an examination. | |
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| 83 | 82 | (5) That gloves should be worn by the licensee during the examination. | |
| 84 | 83 | ||
| 85 | 84 | (6) A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred. | |
| 86 | 85 | ||
| 87 | 86 | (b) The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both. | |
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| 89 | 88 | (c) The informational pamphlet shall be written in laypersons language and shall be made available in both English and Spanish. | |
| 90 | 89 | ||
| 91 | - | 752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 90 | + | 752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record.(b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board.(c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section.(d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute.(e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751. | |
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| 95 | 94 | 752. (a) Before a patients first pelvic examination, a licensee shall provide the patient the informational pamphlet developed pursuant to Section 751 and shall obtain a signed acknowledgment of receipt from the patient, which shall be maintained as part of the patients medical record. | |
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| 97 | 96 | (b) A licensee who violates this section may be cited and assessed an administrative fine by the appropriate licensing board. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a licensee who violates this section. Upon the second and subsequent complaints against a licensee who violates this section, a citation may be issued and an administrative fine may be assessed by the appropriate licensing board. | |
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| 99 | 98 | (c) Notwithstanding any other law, a licensee shall not be subject to criminal penalties for a violation of this section. | |
| 100 | 99 | ||
| 101 | - | (d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, | |
| 100 | + | (d) Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute. | |
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| 103 | 102 | (e) This section shall become operative one month after the board makes the informational pamphlet available on its internet website, as provided in Section 751. | |
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| 108 | + | (a)On or before July 1, 2020, the Medical Board of California, in coordination with the American College of Obstetricians and Gynecologists, the California Medical Association, and the California Academy of Family Physicians shall develop an informational pamphlet for patients undergoing pelvic examinations that includes, but is not limited to, all of the following: | |
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| 112 | + | (1)What a pelvic exam is and how it is properly performed. | |
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| 116 | + | (2)If applicable, a description of other relevant exams. | |
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| 120 | + | (3)Privacy expectations, including that privacy should be provided for the patient both when undressing and dressing and that a gown or a drape should be provided. | |
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| 124 | + | (4)An explanation of what a speculum is and how it should be properly used during an examination. | |
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| 128 | + | (5)That gloves should be worn by the practitioner during the examination. | |
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| 132 | + | (6)A telephone number for the Medical Board of California at which a patient may report any misconduct that the patient feels may have occurred. | |
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| 136 | + | (b)The informational pamphlet developed pursuant to subdivision (a) shall be made available for use by licensees performing pelvic examinations. The informational pamphlet shall be posted as a printable file on the boards internet website, made available for order as a printed deliverable on the boards internet website, or both. | |
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| 144 | + | (a)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall provide that patient, during the annual examination in laypersons language and in a language understood by the patient, a standardized summary containing a description of the symptoms and appropriate methods of diagnoses for gynecological cancers. This section does not preclude the use of existing publications or pamphlets developed by nationally recognized cancer organizations or by the State Department of Public Health pursuant to Section 138.4 of the Health and Safety Code. | |
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| 148 | + | (b)(1)A physician and surgeon primarily responsible for providing a patient an annual gynecological examination shall, before a patients first pelvic examination with the physician and surgeon or medical group, provide the patient with the informational pamphlet developed pursuant to Section 2248.9. The physician and surgeon shall have the patient sign and date a form confirming that the patient has received the informational pamphlet and understood the contents before the first pelvic examination with that physician and surgeon or medical group. Forms showing receipt of the information shall be kept as part of the patients medical record. | |
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| 152 | + | (2)This subdivision shall become operative one month after the board makes the informational pamphlet available on its internet website as provided in Section 2248.9. | |
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| 156 | + | (c)A physician and surgeon who violates this section may be cited and assessed an administrative fine. A citation shall not be issued and a fine shall not be assessed upon the first complaint against a physician and surgeon who violates this section. Upon the second and subsequent complaints against a physician and surgeon who violates this section, a citation may be issued and an administrative fine may be assessed. | |
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| 160 | + | (d)Notwithstanding any other law, all fines collected pursuant to this section for a violation of subdivision (a) shall be credited to the Contingent Fund of the Medical Board of California to be used by the Office of Womens Health within the State Department of Public Health for outreach services that provide information to women about gynecological cancers, but shall not be expended until they are appropriated by the Legislature in the Budget Act or another statute. | |
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| 164 | + | (e)Section 2314 shall not apply to this section. |