Bill Text: CA AB2270 | 2023-2024 | Regular Session | Amended
Bill Title: Healing arts: continuing education: menopausal mental or physical health.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-25 - Read second time. Ordered to Consent Calendar. [AB2270 Detail]
Download: California-2023-AB2270-Amended.html
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Amended
IN
Assembly
April 10, 2024 |
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Amended
IN
Assembly
April 01, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2270
| Introduced by Assembly Member Maienschein (Coauthor: Assembly Member Bains) |
February 08, 2024 |
An act to add Sections 2191.3, 2811.7, 2914.4, 3524.6, 4980.56, 4989.35, 4996.29, and 4999.77 to amend Sections 2191, 2811.5, 3524.5, 4980.54, 4989.34, 4996.22, and 4999.76 of, and to add Section 2914.4 to, the Business and Professions Code, relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2270, as amended, Maienschein.
Healing arts: continuing education: menopausal mental or physical health.
Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. surgeons, including osteopathic physicians and surgeons. Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing and sets forth its powers and duties relating to the licensure and regulation of the practice of nursing. Existing law, the Psychology Licensing Law, establishes the Board of Psychology and sets forth its powers and duties relating to the licensure and regulation of
psychologists. Existing law, the Physician Assistant Practice Act, establishes the Physician Assistant Board and sets forth its powers and duties relating to the licensure and regulation of physician assistants.
Existing law, the Licensed Marriage and Family Therapist Act, the Clinical Social Worker Practice Act, the Licensed Professional Clinical Counselor Act, and the Educational Psychologist Practice Act, provides for the licensure and regulation of the practices of marriage and family therapy, clinical social work, professional clinical counseling, and education psychology, respectively, by the Board of Behavioral Sciences.
Existing law establishes continuing education requirements for all of these various healing arts practitioners.
This bill would require licensees under these provisions to have the option of taking coursework on menopausal mental or physical health within the scope of their practice to satisfy continuing
education and professional development requirements. the above-specified boards, in determining their continuing education requirements, to consider including a course in menopausal mental or physical health.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2191 of the Business and Professions Code is amended to read:2191.
(a) In determining its continuing education requirements, the board shall consider including a course in human sexuality, defined as the study of a human being as a sexual being and how(b) The board shall consider including a course in child abuse detection and treatment to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with abused or neglected children.
(c) The board shall consider including a course in acupuncture to be taken by those licensees whose practices may require knowledge in the area of acupuncture and whose education has not included instruction in acupuncture.
(d) The board shall encourage every physician and surgeon to take nutrition as part of his or her their continuing education, particularly a physician and surgeon involved in primary care.
(e) The board shall consider including a course in elder abuse detection and treatment to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with abused or neglected persons 65
years of age and older.
(f) In determining its continuing education requirements, the board shall consider including a course in the early detection and treatment of substance abusing pregnant women to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with these women.
(g) In determining its continuing education requirements, the board shall consider including a course in the special care needs of drug addicted drug-addicted infants to be taken by those licensees whose practices are of a nature that there is a likelihood of contact with these infants.
(h) In determining its
continuing education requirements, the board shall consider including a course providing training and guidelines on how to routinely screen for signs exhibited by abused women, particularly for physicians and surgeons in emergency, surgical, primary care, pediatric, prenatal, and mental health settings. In the event the board establishes a requirement for continuing education coursework in spousal or partner abuse detection or treatment, that requirement shall be met by each licensee within no more than four years from the date the requirement is imposed.
(i) In determining its continuing education requirements, the board shall consider including a course in the special care needs of individuals and their families facing end-of-life issues, including, but not limited to, all of the following:
(1) Pain and symptom management.
(2) The psycho-social dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(j) In determining its continuing education requirements, the board shall give its highest priority to considering a course on pain management and the risks of addiction associated with the use of Schedule II drugs.
(k) In determining its continuing education requirements, the board shall consider including a course in geriatric care for emergency room physicians and surgeons.
(l) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical
health.
SEC. 2.
Section 2811.5 of the Business and Professions Code is amended to read:2811.5.
(a) Each person renewing their license under Section 2811 shall submit proof satisfactory to the board that, during the preceding two-year period, they have been informed of the developments in the registered nurse field or in any special area of practice engaged in by the licensee, occurring since the last renewal thereof, either by pursuing a course or courses of continuing education in the registered nurse field or relevant to the practice of the licensee, and approved by the board, or by other means deemed equivalent by the board.(b) Notwithstanding Section 10231.5 of the Government Code, the board, in compliance with Section 9795 of the Government Code, shall do the following:
(1) By January
1, 2019, deliver a report to the appropriate legislative policy committees detailing a comprehensive plan for approving and disapproving continuing education opportunities.
(2) By January 1, 2020, report to the appropriate legislative committees on its progress implementing this plan.
(c) For purposes of this section, the board shall, by regulation, establish standards for continuing education. The standards shall be established in a manner to ensure that a variety of alternative forms of continuing education are available to licensees, including, but not limited to, online, academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension studies, and home study programs. The standards shall take cognizance of specialized areas of practice, and content shall be relevant to the practice of nursing and shall be related to the scientific
knowledge or technical skills required for the practice of nursing or be related to direct or indirect patient or client care. The continuing education standards established by the board shall not exceed 30 hours of direct participation in a course or courses approved by the board, or its equivalent in the units of measure adopted by the board.
(d) The board shall audit continuing education providers at least once every five years to ensure adherence to regulatory requirements, and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements.
(e) The board shall encourage continuing education in spousal or partner abuse detection and treatment. In the event the board establishes a requirement for continuing education coursework in spousal or partner abuse detection or treatment, that requirement shall be met by each licensee within no
more than four years from the date the requirement is imposed.
(f) In establishing standards for continuing education, the board shall consider including a course in the special care needs of individuals and their families, including, but not limited to, all of the following:
(1) Pain and symptom management, including palliative care.
(2) The psychosocial dynamics of death.
(3) Dying and bereavement.
(4) Hospice care.
(g) In establishing standards for continuing education, the board shall consider including a course in menopausal mental or
physical health.
(g)
(h) This section shall not apply to licensees during the first two years immediately following their initial licensure in California or any other governmental jurisdiction, except that, beginning January 1, 2023, those licensees shall complete one hour of direct participation in an implicit bias course offered by a continuing education provider approved by the board that meets all the same requirements outlined in paragraph (1) of subdivision (f) of Section 2786, including, but not limited to, the identification of the licensees previous or current unconscious biases and misinformation and corrective measures to decrease implicit bias at the interpersonal and institutional
levels, including ongoing policies and practices for that purpose.
(h)
(i) The board may, in accordance with the intent of this section, make exceptions from continuing education requirements for licensees residing in another state or country, or for reasons of health, military service, or other good cause.
SEC. 3.
Section 2914.4 is added to the Business and Professions Code, to read:2914.4.
In determining its continuing professional development, the board shall consider including a course in menopausal mental or physical health.SEC. 4.
Section 3524.5 of the Business and Professions Code is amended to read:3524.5.
(a) The board may require a licensee to complete continuing education as a condition of license renewal under Section 3523 or 3524. The board shall not require more than 50 hours of continuing education every two years. The board shall, as it deems appropriate, accept certification by the National Commission on Certification of Physician Assistants (NCCPA), or another qualified certifying body, as determined by the board, as evidence of compliance with continuing education requirements.(b) (1) The board shall adopt regulations to require that, on and after January 1, 2022, all continuing education courses for licensees under this chapter contain curriculum that includes the understanding of implicit bias.
(2) Beginning January 1, 2023, continuing education providers shall ensure compliance with paragraph (1).
(3) Beginning January 1, 2023, the board shall audit continuing education providers at least once every five years to ensure adherence to regulatory requirements, and shall withhold or rescind approval from any provider that is in violation of the regulatory requirements.
(c) Notwithstanding the provisions of subdivision (b), a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of physician assistants.
(d) In order to satisfy the requirements of subdivision (a), continuing education courses shall
address at least one or a combination of the following:
(1) Examples of how implicit bias affects perceptions and treatment decisions of physician assistants, leading to disparities in health outcomes.
(2) Strategies to address how unintended biases in decisionmaking may contribute to health care disparities by shaping behavior and producing differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics.
(e) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health.
SEC. 5.
Section 4980.54 of the Business and Professions Code is amended to read:4980.54.
(a) The Legislature recognizes that the education and experience requirements in this chapter constitute only minimal requirements to ensure that an applicant is prepared and qualified to take the licensure examinations as specified in subdivision (d) of Section 4980.40 and, if an applicant passes those examinations, to begin practice.(b) In order to continuously improve the competence of licensed and registered marriage and family therapists and as a model for all psychotherapeutic professions, the Legislature encourages all licensees and registrants to regularly engage in continuing education related to the profession or scope of practice as defined in this chapter.
(c) (1) Except as provided in subdivision (e),
(f), the board shall not renew any license pursuant to this chapter unless the applicant certifies to the board, on a form prescribed by the board, that the applicant has completed not less than 36 hours of approved continuing education in or relevant to the field of marriage and family therapy in the preceding two years, as determined by the board.
(2) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education on the subject of California law and ethics during the preceding year.
(d) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain
records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(e) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health.
(e)
(f) The board may establish exceptions from the continuing education requirements of this section for good cause, as defined by the board.
(f)
(g) The continuing education shall be obtained from one of the following sources:
(1) An accredited school or state-approved school
that meets the requirements set forth in Section 4980.36 or 4980.37. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers, as specified by the board by regulation.
(g)
(h) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (f),
(g), shall adhere to procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(h)
(i) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of marriage and family therapy.
(2) Aspects of the discipline of marriage and family therapy in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of marriage and family therapy.
(i)
(j) A system of continuing education for licensed marriage and family therapists shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(j)
(k) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
SEC. 6.
Section 4989.34 of the Business and Professions Code is amended to read:4989.34.
(a) To renew a license, a licensee shall certify to the board, on a form prescribed by the board, completion in the preceding two years of not less than 36 hours of approved continuing education in, or relevant to, educational psychology.(b) (1) The continuing education shall be obtained from either an accredited university or a continuing education provider as specified by the board by regulation.
(2) The board shall establish, by regulation, a procedure identifying acceptable providers of continuing education courses, and all providers of continuing education shall comply with procedures established by the board. The board may revoke or deny the right of a provider to
offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(c) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health.
(c)
(d) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of educational psychology.
(2) Aspects of the discipline of educational psychology in which significant recent developments have occurred.
(3) Aspects of other disciplines that enhance the understanding or the practice of educational psychology.
(d)
(e) The board may audit the records of a licensee to verify completion of the continuing education requirement. A licensee shall maintain records of the completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon its request.
(e)
(f) The board may establish exceptions from the continuing education requirements of this section for good cause, as determined by the board.
(f)
(g) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
SEC. 7.
Section 4996.22 of the Business and Professions Code is amended to read:4996.22.
(a) (1) Except as provided in subdivision(2) The board shall not renew any license of an applicant who began graduate study before January 1, 2004, pursuant to this chapter unless the applicant certifies to the
board that during the applicant’s first renewal period after the operative date of this section, the applicant completed a continuing education course in spousal or partner abuse assessment, detection, and intervention strategies, including community resources, cultural factors, and same gender abuse dynamics. On and after January 1, 2005, the course shall consist of not less than seven hours of training. Equivalent courses in spousal or partner abuse assessment, detection, and intervention strategies taken before the operative date of this section or proof of equivalent teaching or practice experience may be submitted to the board and at its discretion, may be accepted in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph shall be applied to the 36 hours of approved continuing education required under paragraph (1).
(3) The board shall not renew any registration pursuant to this chapter unless the
registrant certifies under penalty of perjury to the board, and on a form prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year.
(b) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health.
(b)
(c) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completion of required continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c)
(d) The
board may establish exceptions from the continuing education requirement of this section for good cause as defined by the board.
(d)
(e) The continuing education shall be obtained from one of the following sources:
(1) An accredited school of social work, as defined in Section 4991.2, or a school or department of social work that is a candidate for accreditation by the Commission on Accreditation of the Council on Social Work Education. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) A school, college, or university accredited by a regional or national institutional accrediting agency that is recognized by the United States Department of Education or a school, college, or university that is approved by the Bureau for Private Postsecondary Education.
(3) Another continuing education provider, as specified by the board by regulation.
(e)
(f) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in
paragraphs (1) and (2) of subdivision (d), (e), shall adhere to the procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(f)
(g) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding, or the practice, of social work.
(2) Aspects of the social work discipline in which significant recent developments have occurred.
(3) Aspects of other related disciplines that enhance the understanding, or the practice, of social work.
(g)
(h) A system of continuing education for licensed clinical social workers shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(h)
(i) The continuing education requirements of this section shall comply fully with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
(i)
(j) The board may adopt regulations as necessary to implement this section.
SEC. 8.
Section 4999.76 of the Business and Professions Code is amended to read:4999.76.
(a) (1) Except as provided in subdivision(2) The board shall not renew any registration pursuant to this chapter unless the registrant certifies under penalty of perjury to the board, and on a
form prescribed by the board, that they have completed not less than three hours of continuing education in the subject of California law and ethics during the preceding year.
(b) In determining its continuing education requirements, the board shall consider including a course in menopausal mental or physical health.
(b)
(c) The board shall have the right to audit the records of any applicant to verify the completion of the continuing education requirement. Applicants shall maintain records of completed continuing education coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request.
(c)
(d) The board may establish exceptions from the continuing education requirement of this section for good cause, as defined by the board.
(d)
(e) The continuing education shall be obtained from one of the following sources:
(1) A school, college, or university that is accredited or approved, as defined in Section 4999.12. Nothing in this paragraph shall be construed as requiring coursework to be offered as part of a regular degree program.
(2) Other continuing education providers as specified by the board by regulation.
(e)
(f) The board shall establish, by regulation, a procedure for identifying acceptable providers of continuing education courses, and all providers of continuing education, as described in paragraphs (1) and (2) of subdivision (d),
(e), shall adhere to procedures established by the board. The board may revoke or deny the right of a provider to offer continuing education coursework pursuant to this section for failure to comply with this section or any regulation adopted pursuant to this section.
(f)
(g) Training, education, and coursework by approved providers shall incorporate one or more of the following:
(1) Aspects of the discipline that are fundamental to the understanding or the practice of professional clinical counseling.
(2) Significant recent developments in the discipline of professional clinical counseling.
(3) Aspects of other disciplines that enhance the understanding or the practice of professional clinical counseling.
(g)
(h) A system of continuing education for licensed professional clinical counselors shall include courses directly related to the diagnosis, assessment, and treatment of the client population being served.
(h)
(i) The continuing education requirements of this section shall fully comply with the guidelines for mandatory continuing education established by the Department of Consumer Affairs pursuant to Section 166.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental or physical health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental or physical health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental or physical health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental health within the scope of their practice to satisfy continuing education requirements.
Notwithstanding any law to the contrary, a licensee shall have the option of taking coursework on menopausal mental health within the scope of their practice to satisfy continuing education requirements.
