Official Summary Text
SB 1271, as amended, Reyes.
Health and care facilities: health care decisions.
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 January 1, 2028, 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.
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.
Existing law establishes the Long-Term Care Patient Representative Program and the Office of the Long-Term Care Patient Representative in the California Department of Aging to train, certify, provide, and oversee patient representatives to protect the rights of nursing home residents, as specified.
Existing law requires that if the attending physician and surgeon of a resident in a skilled nursing facility or intermediate care facility prescribes or orders a medical intervention that requires that informed consent be obtained prior to administration of the medical intervention, but is unable to obtain informed consent because the physician and surgeon determines that the resident lacks capacity to provide informed consent, the physician and surgeon is required to document the determination that the resident lacks capacity and the basis for that
determination in the resident’s medical record. Existing law also requires the physician and surgeon to inform the skilled nursing facility or intermediate care facility of that determination.
Upon being notified by the attending physician of a determination that a resident lacks capacity to provide informed consent, existing law requires the skilled nursing facility or intermediate care facility to act promptly and identify, or use due diligence to search for, a legal decisionmaker, as defined. If no legal decisionmaker can be identified or located, existing law requires the facility to take further steps to promptly identify, or use due diligence to search for, a patient representative to participate in an interdisciplinary team review, as specified. Existing law requires the Long-Term Care Patient Representative Program to assign a public patient representative if no family member or friend is available to serve in that capacity and specified notice has been
provided. Existing law prohibits an interdisciplinary team review from occurring until a patient representative is available to participate and specified notice has been provided. If the Long-Term Care Patient Representative Program is not operational, existing law requires that all notices otherwise required to be provided to the Long-Term Care Patient Representative Program pursuant to these provisions be provided to the local long-term care ombudsman or any other person or entity as may be permitted by law.
This bill would make technical, nonsubstantive changes to this provision.