California Business and Professions Code 2725.4 – Notwithstanding any other provision of this chapter, the following …
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 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:
Terms Used In California Business and Professions Code 2725.4
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(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) 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).
(Amended by Stats. 2022, Ch. 631, Sec. 1. (SB 1375) Effective January 1, 2023.)