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<ns0:Id>20250AB__197398AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-13</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2026-03-19</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Aguiar-Curry</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Aguiar-Curry</ns0:Name>
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<ns0:Title> An act to amend Sections 2253, 2725.4, and 3502.4 of the Business and Professions Code, relating to healing arts.</ns0:Title>
<ns0:RelatingClause>healing arts</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Abortion: authorized procedures.</ns0:Subject>
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<html:p>Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses, including nurse practitioners and certified nurse-midwives, by the Board of Registered Nursing. Existing law, the Physician Assistant Practice Act, provides for the licensure and regulation of physician assistants by the Physician Assistant Board.</html:p>
<html:p>Existing law generally makes it a public offense, punishable by a fine not exceeding $10,000 or by imprisonment, or both, for a person to perform an abortion without a valid license to practice as a physician and surgeon. As an exception to that prohibition, existing law
authorizes a person to perform an abortion by medication or aspiration techniques in the first trimester of pregnancy if they have a valid, unrevoked, and unsuspended license or certificate under the Medical Practice Act, the Osteopathic Act, the Nursing Practice Act, or the Physician Assistant Practice Act that authorizes the person to perform the functions necessary for abortion by medication or aspiration techniques.</html:p>
<html:p>This bill would instead authorize a person to perform an abortion if they are authorized under those acts to perform an abortion and would delete the restriction that the abortion be performed only in the first trimester of pregnancy. The bill would make conforming changes to specified training requirements imposed on nurse practitioners, qualified nurse practitioners, certified nurse midwives, and physician assistants to perform those
abortions.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_8E332178-ACD8-4A75-928D-7AE7A8CE01C9">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 2253 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>2253.</ns0:Num>
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<html:p>
(a)
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Failure to comply with the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) constitutes unprofessional conduct.
</html:p>
<html:p>
(b)
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(1)
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Except as provided in paragraph (2), a person is subject to Section 2052 if the person performs an abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon.
</html:p>
<html:p>
(2)
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A person shall not be subject to Section 2052 if the person performs
an abortion and,
at the time of so doing, has a valid, unrevoked, and unsuspended license or certificate obtained in accordance with the Medical Practice Act (Chapter 5 (commencing with Section 2000)), the Osteopathic Act (Article 21 (commencing with Section 2450) of Chapter 5), the Nursing Practice Act (Chapter 6 (commencing with Section 2700)), or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)) that authorizes the person to perform
an abortion.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In order to perform an abortion pursuant to paragraph (2) of subdivision (b), a person with a valid, unrevoked, and unsuspended license or certificate obtained in accordance with the Nursing Practice Act (Chapter 6 (commencing with Section 2700)) or the Physician Assistant Practice Act (Chapter 7.7 (commencing with Section 3500)) shall comply with Section 2725.4 or 3502.4.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Medical Board of California and the Osteopathic Medical Board of California shall not suspend or revoke the certificate of a physician and surgeon solely for performing an abortion if they performed the abortion in accordance with
the provisions of this chapter and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, including, but not limited to, Sections 141, 480, 490, 2221, 2305, 2234, and 2236, the Medical Board of California and the Osteopathic Medical Board of California, as applicable, shall not deny an application for licensure as a physician and surgeon, or suspend, revoke, or otherwise impose discipline upon a physician and surgeon licensed in this state under either of the following circumstances:
</html:p>
<html:p>
(1)
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The physician and surgeon is licensed to practice medicine in another state and was disciplined in that state solely for performing an abortion in that state.
</html:p>
<html:p>
(2)
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The physician and surgeon is licensed to
practice medicine in another state and was convicted in that state for an offense related solely to the performance of an abortion in that state.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 2725.4 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>2725.4.</ns0:Num>
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<html:p>Notwithstanding any other provision of this chapter, the following shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to perform a procedural abortion 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A board-approved nurse practitioner program or in a course offered by an accredited nurse practitioner program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A course offered by a state or national health care professional or accreditation organization.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Training and evaluation of clinical competency, performed at a clinic or hospital, on performing procedural abortion that is provided by any of the following who have performed the procedure themselves:
</html:p>
<html:p>
(A)
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A physician and surgeon.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nurse practitioner or certified nurse midwife authorized to perform procedural abortion
pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A physician assistant authorized to perform procedural abortion pursuant to Section 3502.4.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In order to perform a procedural abortion 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A board-approved nurse-midwifery program or in a course offered by an accredited nurse-midwifery program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A course offered by a state or national health care professional or accreditation organization.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Training and evaluation of clinical competency, performed at a clinic or hospital, on performing procedural abortion that is provided by any of the following who have performed the procedure themselves:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A physician and surgeon.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nurse practitioner or certified nurse midwife authorized to perform procedural abortion pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A physician assistant authorized to perform procedural abortion pursuant to Section 3502.4.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A violation of this section by a nurse practitioner or certified nurse midwife constitutes unprofessional conduct.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A nurse practitioner who has completed training required in this section and is functioning pursuant to Section 2837.103 or 2837.104 may perform a procedural abortion
pursuant to Section 2253 without supervision by a physician or surgeon.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A nurse practitioner or certified nurse midwife shall perform medication or procedural abortion pursuant to Section 2253 consistent with applicable standards of care and within the scope of their clinical and professional education and training.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A person authorized to perform procedural abortion 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).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
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).
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 3502.4 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
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<ns0:Num>3502.4.</ns0:Num>
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(a)
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In order to receive authority from the physician assistant’s supervising physician and surgeon to perform a procedural abortion pursuant to Section 2253, a physician assistant shall achieve clinical competency by successfully completing requisite training in performing these procedures. The requisite training shall include a clinical and didactic component and be provided by any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Training programs approved by the board pursuant to Section 3513.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Training to perform medical services that augment the physician assistant’s current areas of competency pursuant to Section 1399.543 of Title 16 of the California Code of Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A course offered by a state or national health care professional or accreditation organization.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Training and evaluation of clinical competency, performed at a clinic or hospital, on performing a procedural abortion
that is provided by any of the following who have performed the procedure themselves:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A physician and surgeon.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nurse practitioner or certified nurse midwife authorized to perform a procedural abortion pursuant to Section 2725.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A physician assistant authorized to perform a procedural abortion pursuant to this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A physician assistant who has completed training and achieved clinical competency, as required by this section, and is functioning pursuant to Section 3502 shall be authorized to perform procedural abortions pursuant to Section 2253 without the personal presence of a supervising physician and
surgeon unless specified by their practice agreement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A physician assistant shall practice a medication or procedural abortion pursuant to Section 2253 consistent with applicable standards of care, within the scope of their clinical and professional education and training, and pursuant to their practice agreement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
It is unprofessional conduct for any physician assistant to perform a procedural abortion
pursuant to Section 2253 without prior completion of training and validation of clinical competency.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A person authorized to perform a procedural abortion described in paragraph (5) of subdivision (a) 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 physician assistant pursuant to paragraph (5) of subdivision (a).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
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 subdivision (a).
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