SB 1271

Introduced by Senator Reyes
(Coauthors: Senators Caballero and Wahab)
(Coauthor: Assembly Member Bonta)
An act to amend, repeal, and add Section 502 of the Business and Professions Code, relating to healing arts.
healing arts
Midwifery: workforce data: availability to be a clinical preceptorship.
Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure of midwives by the Medical Board of California. Existing law requires specified boards, including the Medical Board of California, to request certain workforce data from their licensees, including midwives, for future workforce planning at least biennially or at the time of electronic license renewal, as applicable. Existing law establishes the Department of Health Care Access and Information, and requires the board to provide the individual licensee and registrant data it collects to the department, as specified.
This bill would additionally require the board to request certain information from a licensed midwife related to their availability to serve as a clinical preceptor for student midwives enrolled in a midwifery education program, as specified. The
			 bill would require the board to quarterly provide that information to the department for the purpose of statewide midwifery workforce planning, analysis, and public reporting. The bill would require the department to submit a report to the Legislature, on or before June 30, 2029, detailing the department’s findings based on that information. The bill would require the board and department to maintain the confidentiality of information collected or provided, as specified. The bill would make these provisions inoperative on June 30, 2029, and would repeal them as of January 1, 2030.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This
			 bill would make legislative findings to that effect.
This bill would incorporate additional changes to Section 502 of the Business and Professions Code proposed by AB 1811 to be operative only if this bill and AB 1811 are enacted and this bill is enacted last.
The people of the State of California do enact as follows:
SECTION 1.
Section 502 of the
Business and Professions Code
 is amended to read:
502.
(a) Notwithstanding any other law, both of the following apply:
(1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be collected at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants.
(2) All other boards that are not listed in
						paragraph (1) that regulate healing arts licensees or registrants under this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be requested at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants.
(b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each board about its licensees and registrants shall include, at a minimum, all of the following information:
(1) Anticipated year of retirement.
(2) Area of practice or specialty.
(3) City, county, and ZIP Code of practice.
(4) Date of birth.
(5) Educational background and the highest level attained at time of licensure or registration.
(6) Gender or gender identity.
(7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration.
(8) Languages spoken.
(9) National Provider Identifier.
(10) Race or ethnicity.
(11) Type of employer or classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(12) Work hours.
(13) Sexual orientation.
(14) Disability status.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e).
(d) The Department of Consumer Affairs, in consultation with the Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and quarterly thereafter, provide the individual licensee and registrant data it collects pursuant to this section
						to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual.
(f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b).
(g) This section does not alter or affect
						mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2.
(h) (1) Pursuant to the workforce data collection requirement in paragraph (2) of subdivision (a), the Medical Board of California shall, by April 1, 2027, request all of the following, as applicable, from a licensed midwife in the form and manner prescribed by the board:
(A) The licensed midwife’s eligibility to serve as a clinical preceptor for student midwives enrolled in a midwifery education program approved by the Medical Board of California, including whether they have met the minimum requirements to become a clinical preceptor.
(B) If the licensed midwife responds that they are eligible to serve as a clinical preceptor pursuant to subparagraph (A), both of the following:
(i) Whether the licensed midwife is currently available, or anticipates becoming available within the next two years, to serve as a clinical preceptor for student midwives.
(ii) The primary practice setting or settings in which the licensed midwife would offer to serve as a clinical preceptor, including, but not limited to, home births, freestanding birth centers, hospital-based or integrated maternity settings, rural or frontier community settings, or federally qualified health centers, as defined by Section 1396(d)(l)(2) of Title 42 of the United States Code.
(C) If the licensed midwife responds that they are currently available pursuant to subparagraph (B), the maximum number of student midwives the licensed midwife is currently able to supervise concurrently and the county or counties in the state in which the licensed midwife currently practices and within which they would be available for clinical preceptorship.
(D) If the licensed midwife responds that they are not currently available pursuant to subparagraph (B), the primary reason or reasons for their unavailability.
(2) (A) The Medical Board of California shall maintain the confidentiality of the information it receives from licensed midwives under this subdivision and shall only release information in an aggregate form that cannot be used to identify an
						individual other than as specified in subparagraph (B).
(B) The Medical Board of California shall quarterly provide the individual licensed midwife data it collects pursuant to this subdivision to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information for the purpose of statewide midwifery workforce planning, analysis, and public reporting. The Department of Health Care Access and Information shall maintain the confidentiality of the licensed midwife information it receives and shall only release information in an aggregate form that cannot be used to identify an individual licensed midwife.
(C) On or before June 30, 2029, the Department of Health Care Access and Information shall submit a report to the
						Legislature, pursuant to Section 9795 of the Government Code, detailing the findings of the Department of Health Care Access and Information based on the information received pursuant to subparagraph (B).
(3) A licensed midwife shall not be required to provide the information requested in this subdivision as a condition for license renewal, and a licensed midwife shall not be subject to discipline for not providing the information requested in this subdivision.
(i) This section shall become inoperative on June 30, 2029, and, as of January 1, 2030, is repealed.
SEC. 1.5.
Section 502 of the
Business and Professions Code
 is amended to read:
502.
(a) Notwithstanding any other law, both of the following apply:
(1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or registration is issued and at least biennially
						thereafter. The data shall be collected at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(2) (A) All other boards that are not listed in paragraph (1) that regulate healing arts licensees or registrants under this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or
						registration is issued and at least biennially thereafter. The data shall be requested at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(B) Notwithstanding subparagraph (A) and until July 1, 2027, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board is not required to request workforce
						data at the time the license or registration is issued. On and after July 1, 2027, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall request the workforce data at the time the license or registration is issued.
(b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each board about its licensees and registrants shall include, at a minimum, all of the following information:
(1) Anticipated year of retirement.
(2) Primary and secondary area of practice or specialty.
(3) City, county, and ZIP Code of practice.
(4) Date of birth.
(5) Educational background and the highest level attained at time of licensure or registration.
(6) Gender or gender identity.
(7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration.
(8) Hours worked in inpatient care.
(9) Hours worked in outpatient care.
(10) Languages spoken.
(11) National Provider Identifier.
(12) Hours worked providing direct outpatient primary care services.
(13) Race or ethnicity.
(14) Type of employer or classification of primary practice
						site, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(15) Whether the licensee or registrant accepts Medicaid.
(16) Whether the licensee or registrant offers a formal sliding fee scale.
(17) Work hours.
(18) Sexual orientation.
(19) Disability status.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e).
(d) The Department of Consumer Affairs, in
						consultation with the Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and
						monthly thereafter, provide the individual licensee and registrant data it collects pursuant to this section to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual.
(f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b).
(g) This section does not alter or affect mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2.
(h) (1) Pursuant to the workforce data collection requirement in paragraph (2) of subdivision (a), the Medical Board of California shall, by April 1, 2027, request all of the following, as applicable, from a licensed midwife in the form and manner prescribed by the board:
(A) The licensed midwife’s eligibility to serve as a clinical preceptor for student midwives enrolled in a midwifery education program approved by the Medical Board of California, including whether they have met the minimum requirements to become a
						clinical preceptor.
(B) If the licensed midwife responds that they are eligible to serve as a clinical preceptor pursuant to subparagraph (A), both of the following:
(i) Whether the licensed midwife is currently available, or anticipates becoming available within the next two years, to serve as a clinical preceptor for student midwives.
(ii) The primary practice setting or settings in which the licensed midwife would offer to serve as a clinical preceptor, including, but not limited to, home births, freestanding birth centers, hospital-based or integrated maternity settings, rural or frontier community settings, or federally qualified health centers, as defined by Section 1396(d)(l)(2) of Title 42 of the United States Code.
(C) If the licensed midwife responds that they are currently available pursuant to subparagraph (B), the maximum number of student midwives the licensed midwife is currently able to supervise concurrently and the county or counties in the state in which the licensed midwife currently practices and within which they would be available for clinical preceptorship.
(D) If the licensed midwife responds that they are not currently available pursuant to subparagraph (B), the primary reason or reasons for their unavailability.
(2) (A) The Medical Board of California shall maintain the confidentiality of the information it receives from licensed midwives under this subdivision and shall only release information in an aggregate form that cannot be
						used to identify an individual other than as specified in subparagraph (B).
(B) The Medical Board of California shall quarterly provide the individual licensed midwife data it collects pursuant to this subdivision to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information for the purpose of statewide midwifery workforce planning, analysis, and public reporting. The Department of Health Care Access and Information shall maintain the confidentiality of the licensed midwife information it receives and shall only release information in an aggregate form that cannot be used to identify an individual licensed midwife.
(C) On or before June 30, 2029, the Department of Health Care Access and Information shall submit a report to the Legislature, pursuant to
						Section 9795 of the Government Code, detailing the findings of the Department of Health Care Access and Information based on the information received pursuant to subparagraph (B).
(3) A licensed midwife shall not be required to provide the information requested in this subdivision as a condition for license renewal, and a licensed midwife shall not be subject to discipline for not providing the information requested in this subdivision.
(i) This section shall become inoperative on June 30, 2029, and, as of January 1, 2030, is repealed.
SEC. 2.
Section 502 is added to the
Business and Professions Code
, to read:
502.
(a) Notwithstanding any other law, both of the following apply:
(1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be collected at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants.
(2) All other boards that are not listed in
						paragraph (1) that regulate healing arts licensees or registrants under this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at least biennially. The data shall be requested at the time of electronic license or registration renewal for those boards that utilize electronic renewals for licensees or registrants.
(b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each board about its licensees and registrants shall include, at a minimum, all of the following information:
(1) Anticipated year of retirement.
(2) Area of practice or specialty.
(3) City, county, and ZIP Code of practice.
(4) Date of birth.
(5) Educational background and the highest level attained at time of licensure or registration.
(6) Gender or gender identity.
(7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration.
(8) Languages spoken.
(9) National Provider Identifier.
(10) Race or ethnicity.
(11) Type of employer or classification of primary practice site among the types of practice sites specified by the board, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(12) Work hours.
(13) Sexual orientation.
(14) Disability status.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e).
(d) The Department of Consumer Affairs, in consultation with the Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and quarterly thereafter, provide the individual licensee and registrant data it collects pursuant to this section to the
						Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual.
(f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b).
(g) This section does not alter or affect
						mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2.
(h) This section shall become operative on June 30, 2029.
SEC. 2.5.
Section 502 is added to the
Business and Professions Code
, to read:
502.
(a) Notwithstanding any other law, both of the following apply:
(1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or registration is issued and at least biennially thereafter. The data shall be collected at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(2) (A) All other boards that are not listed in paragraph (1) that regulate healing arts licensees or registrants under
						this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or registration is issued and at least biennially thereafter. The data shall be requested at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(B) Notwithstanding subparagraph (A) and until July 1, 2027, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board is not required to request workforce data at the time the license or registration is issued. On and after July 1, 2027, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall request the workforce data at the time the license or registration is issued.
(b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each
						board about its licensees and registrants shall include, at a minimum, all of the following information:
(1) Anticipated year of retirement.
(2) Primary and secondary area of practice or specialty.
(3) City, county, and ZIP Code of practice.
(4) Date of birth.
(5) Educational background and the highest level attained at time of licensure or registration.
(6) Gender or gender identity.
(7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration.
(8) Hours worked in inpatient care.
(9) Hours worked in outpatient care.
(10) Languages spoken.
(11) National Provider Identifier.
(12) Hours worked providing direct
						outpatient primary care services.
(13) Race or ethnicity.
(14) Type of employer or classification of primary practice site, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(15) Whether the licensee or registrant accepts Medicaid.
(16) Whether the licensee or registrant offers a formal sliding fee scale.
(17) Work hours.
(18) Sexual orientation.
(19) Disability status.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e).
(d) The Department of Consumer Affairs, in consultation with the
						Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and monthly thereafter, provide the individual licensee and registrant data it collects pursuant to this section to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information
						shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual.
(f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b).
(g) This section does not alter or affect mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2.
(h)   This section shall become operative on June 30, 2029.
SEC. 3.
The Legislature finds and declares that Section 1 of this act, which amends Section 502 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of licensees, while also gathering useful workforce data, it is necessary that some information collected
				from licensees only be released in aggregate form.
SEC. 4.
Sections 1.5 and 2.5 of this bill incorporate amendments to Section 502 of the Business and Professions Code proposed by both this bill and Assembly Bill 1811. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2027, (2) this bill amends, repeals, and adds Section 502 of the Business and Professions Code and Assembly Bill 1811 amends Section 502 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 1811, in which case Sections 1 and 2 of this bill shall not become operative.