Cal. Bus. & Prof. Code § 2725.4
Scope of Regulation
Redline — January 1, 2013 → current.View current text →
Current — January 1, 2023
As of January 1, 2013
Notwithstanding any other provision of this chapter, the following shall apply:
Notwithstanding any other provision of this chapter, the following shall apply:
(a) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a nurse practitioner or a certified nurse-midwife shall complete training recognized by the Board of Registered Nursing. Beginning January 1, 2014, and until January 1, 2016, the competency-based training protocols established by Health Workforce Pilot Project (HWPP) No. 171 through the Office of Statewide Health Planning and Development shall be used.
(b) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a nurse practitioner or a certified nurse-midwife shall adhere to standardized procedures developed in compliance with subdivision (c) of Section 2725 that specify all of the following:
(1) The extent of supervision by a physician and surgeon with relevant training and expertise.
(2) Procedures for transferring patients to the care of the physician and surgeon or a hospital.
(3) Procedures for obtaining assistance and consultation from a physician and surgeon.
(4) Procedures for providing emergency care until physician assistance and consultation are available.
(5) The method of periodic review of the provisions of the standardized procedures.
(c) A nurse practitioner or certified nurse-midwife who has completed training and achieved clinical competency through HWPP No. 171 shall be authorized to perform abortions by aspiration techniques pursuant to Section 2253, in adherence to standardized procedures described in subdivision (b).
(a) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a nurse practitioner practicing pursuant to a standardized procedure, or a qualified nurse practitioner functioning pursuant to Section 2837.103 or 2837.104, shall achieve clinical competency by successfully completing requisite training, which shall include both a clinical and didactic component, in performing these procedures provided by any of the following:
(1) A board-approved nurse practitioner program or in a course offered by an accredited nurse practitioner program.
(2) A course offered by a board-approved continuing education provider that reflects evidence-based curriculum and training guidelines or a course approved for Category I continuing medical education.
(3) A course offered by a state or national health care professional or accreditation organization.
(4) Training based on the competency-based training protocols established by the Health Workforce Pilot Project (HWPP) No. 171 through the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information.
(5) Training and evaluation of clinical competency, performed at a clinic or hospital, on performing abortion by aspiration techniques that is provided by any of the following who have performed the procedure themselves:
(A) A physician and surgeon.
(B) A nurse practitioner or certified nurse midwife authorized to perform abortion by aspiration techniques pursuant to this section.
(C) A physician assistant authorized to perform abortion by aspiration techniques pursuant to Section 3502.4.
(b) In order to perform an abortion by aspiration techniques pursuant to Section 2253, a person with a license or certificate to practice as a certified nurse-midwife shall achieve clinical competency by successfully completing requisite training, which shall include both a clinical and didactic component, in performing these procedures provided by any of the following:
(1) A board-approved nurse-midwifery program or in a course offered by an accredited nurse-midwifery program.
(2) A course offered by a Board-approved continuing education provider that reflects evidence-based curriculum and training guidelines or a course approved for Category I continuing medical education.
(3) A course offered by a state or national health care professional or accreditation organization.
(4) Training based on the competency-based training protocols established by the Health Workforce Pilot Project (HWPP) No. 171 through the Office of Statewide Health Planning and Development, now known as the Department of Health Care Access and Information.
(5) Training and evaluation of clinical competency, performed at a clinic or hospital, on performing abortion by aspiration techniques that is provided by any of the following who have performed the procedure themselves:
(A) A physician and surgeon.
(B) A nurse practitioner or certified nurse midwife authorized to perform abortion by aspiration techniques pursuant to this section.
(C) A physician assistant authorized to perform abortion by aspiration techniques pursuant to Section 3502.4.
(c) A violation of this section by a nurse practitioner or certified nurse midwife constitutes unprofessional conduct.
(d) It is unprofessional conduct for any nurse practitioner or certified nurse-midwife to perform an abortion by aspiration techniques pursuant to Section 2253 without prior completion of training and validation of clinical competency.
(d) A nurse practitioner who has completed training required in this section and is functioning pursuant to Section 2837.103 or 2837.104 may perform an abortion by aspiration techniques pursuant to Section 2253 without supervision by a physician or surgeon.
(e) A nurse practitioner shall practice abortion by aspiration techniques pursuant to Section 2253 consistent with applicable standards of care and within the scope of their clinical and professional education and training.
(f) A person authorized to perform abortion by aspiration techniques described in paragraph (5) of subdivision (a) and paragraph (5) of subdivision (b) shall not be punished, held liable for damages in a civil action, or denied any right or privilege for any action relating to the evaluation of clinical competency of a nurse practitioner pursuant to paragraph (5) of subdivision (a) or a certified nurse-midwife pursuant to paragraph (5) of subdivision (b).
(g) This section shall not be interpreted to authorize a person with a license or certificate to practice as a nurse practitioner or certified nurse-midwife to perform abortion by aspiration techniques after the first trimester of pregnancy.
(h) For purposes of this section, exclusively online or simulation-based training programs that do not include mandatory clinical hours involving direct patient care shall not meet the clinical training requirements in subdivisions (a) and (b).
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.