AB 1236: Healing arts: licensees: data collection.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-04-29
Existing law requires the Board of Registered Nursing, the Physician Assistant Board, the Respiratory Care Board of California, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to regulate and oversee the practice of healing arts within their respective jurisdictions and to, among other things, collect and report specific demographic data relating to their licensees, subject to a licensees discretion to report their race or ethnicity, to the Office of Statewide Health Planning and Development. Existing law requires these boards to collect this data at least biennially, at the times of both issuing an initial license and issuing a renewal license. Existing law also authorizes the Board of Registered Nursing to expend $145,000 to implement these provisions.
This bill would repeal those provisions and would, instead, require all boards that oversee healing arts licensees to request at the time of electronic application for a license and license renewal, or at least biennially, specified demographic information from its licensees and, if designated by the board, its registrants and to post the information on the internet websites that they each maintain. The bill would specify that licensees and registrants shall not be required to provide the requested information.
This bill would, commencing July 1, 2022, require each board, or the Department of Consumer Affairs on its behalf, to provide the information annually to the Office of Statewide Health Planning and Development. The bill would require these boards to maintain the confidentiality of the information they receive from licensees and registrants and to release information only in deidentified aggregate from, 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 requires the Board of Registered Nursing, the Physician Assistant Board, the Respiratory Care Board of California, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to regulate and oversee the practice of healing arts within their respective jurisdictions and to, among other things, collect and report specific demographic data relating to their licensees, subject to a licensees discretion to report their race or ethnicity, to the Office of Statewide Health Planning and Development. Existing law requires these boards to collect this data at least biennially, at the times of both issuing an initial license and issuing a renewal license. Existing law also authorizes the Board of Registered Nursing to expend $145,000 to implement these provisions.
This bill would repeal those provisions and would, instead, require all boards that oversee healing arts licensees to collect request at the time of electronic application for a license and license renewal, or at least biennially, specified demographic information from its licensees and, if designated by the board, its registrants and to post the information on the internet websites that they each maintain. The bill would specify that licensees and registrants shall not be required to provide the requested information.
This bill would, commencing July 1, 2022, require each board, or the Department of Consumer Affairs on its behalf, to provide the information annually to the Office of Statewide Health Planning and Development. The bill would require these boards to maintain the confidentiality of the information they receive from licensees and registrants and to only release information only in deidentified aggregate from, 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 requires the Board of Registered Nursing, the Physician Assistant Board, the Respiratory Care Board of California, and the Board of Vocational Nursing and Psychiatric Technicians of the State of California to regulate and oversee the practice of healing arts within their respective jurisdictions and to, among other things, collect and report specific demographic data relating to their licensees, subject to a licensees discretion to report their race or ethnicity, to the Office of Statewide Health Planning and Development. Existing law requires these boards to collect this data at least biennially, at the times of both issuing an initial license and issuing a renewal license. Existing law also authorizes the Board of Registered Nursing to expend $145,000 to implement these provisions.
This bill would repeal those provisions and would, instead, require all boards that oversee healing arts licensees to collect at the time of electronic application for a license and license renewal, or at least biennially, specified demographic information and to post the information on the internet websites that they each maintain.
This bill would, commencing July 1, 2022, require each board, or the Department of Consumer Affairs on its behalf, to provide the information annually to the Office of Statewide Health Planning and Development. The bill would require these boards to maintain the confidentiality of the information they receive from licensees and to only release information in aggregate from, 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.
(a)A board that supervises healing arts licensees under this division shall request workforce data from its licensees and, if designated by the board, its registrants, as specified in subdivision (b) for future workforce planning. The data may be requested at the time of electronic application for a license and license renewal, or at least biennially from a scientifically selected random sample of licensees and registrants.
(b)The workforce data collected by each board about its licensees and, if applicable, registrants shall include, at a minimum, information concerning all of the following:
(A)City, county, and ZIP Code of practice.
(B)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.
(C)Work hours.
(D)Titles of positions held.
(E)Time spent in direct patient care.
(F)Clinical practice area.
(G)Race or ethnicity, subject to paragraph (2).
(H)Gender identity.
(I)Languages spoken.
(J)Educational background.
(K)Future work intentions.
(L)Job satisfaction ratings.
(M)Sexual orientation.
(N)Disability status.
(c)Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall release information only in an aggregate form that cannot be used to identify an individual.
(d)Each board shall produce reports containing the workforce data it collects pursuant to this section, at a minimum, on a biennial basis. Aggregate information collected pursuant to this section shall be posted on each boards internet website.
(e)Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and annually thereafter, provide the data it collects pursuant to this section to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report it produces pursuant to Section 128052 of the Health and Safety Code.
(f)A licensee or registrant shall not be required to provide any of the information listed in subdivision (b).
SEC. 2.Section 2717 of the Business and Professions Code is repealed.SEC. 3.Section 2852.5 of the Business and Professions Code is repealed.SEC. 4.Section 3518.1 of the Business and Professions Code is repealed.SEC. 5.Section 3770.1 of the Business and Professions Code is repealed.SEC. 6.Section 4506 of the Business and Professions Code is repealed.SEC. 7.The Legislature finds and declares that Section 1 of this act, which adds Section 502 of the Business and Professions Code, imposes a limitation on the publics 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 and registrants, while also gathering useful workforce data, it is necessary that some information collected from licensees and registrants only be released in aggregate form.
(a)A board that supervises healing arts licensees under this division shall collect request workforce data from its licensees and, if designated by the board, its registrants, as specified in subdivision (b) for future workforce planning. The data may be collected requested at the time of electronic application for a license and license renewal, or at least biennially from a scientifically selected random sample of licensees. licensees and registrants.
(b)(1)The workforce data collected by each board about its licensees and, if applicable, registrants shall include, at a minimum, information concerning all of the following:
(A)City, county, and ZIP Code of practice.
(B)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.
(C)Work hours.
(D)Titles of positions held.
(E)Time spent in direct patient care.
(F)Clinical practice area.
(G)Race or ethnicity, subject to paragraph (2).
(H)Gender or gender identity.
(I)Languages spoken.
(J)Educational background.
(K)Future work intentions.
(L)Job satisfaction ratings.
(M)Sexual orientation.
(2)A licensee may, but is not required to, report their race or ethnicity to the board.(c)Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information only in an aggregate form that cannot be used to identify an individual.
(d)Each board shall produce reports containing the workforce data it collects pursuant to this section, at a minimum, on a biennial basis. Aggregate information collected pursuant to this section shall be posted on each boards internet website.
(e)Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and annually thereafter, provide the data it collects pursuant to this section to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report it produces pursuant to Section 128052 of the Health and Safety Code.
(f)A licensee or registrant shall not be required to provide any of the information listed in subdivision (b).
SEC. 2.Section 2717 of the Business and Professions Code is repealed.SEC. 3.Section 2852.5 of the Business and Professions Code is repealed.SEC. 4.Section 3518.1 of the Business and Professions Code is repealed.SEC. 5.Section 3770.1 of the Business and Professions Code is repealed.SEC. 6.Section 4506 of the Business and Professions Code is repealed.SEC. 7.The Legislature finds and declares that Section 1 of this act, which adds Section 502 of the Business and Professions Code, imposes a limitation on the publics 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, licensees and registrants, while also gathering useful workforce data, it is necessary that some information collected from licensees and registrants only be released in aggregate form.
(a)A board that supervises healing arts licensees under this division shall collect workforce data from its licensees as specified in subdivision (b) for future workforce planning. The data may be collected at the time of electronic application for a license and license renewal, or at least biennially from a scientifically selected random sample of licensees.
(b)(1)The workforce data collected by each board about its licensees shall include, at a minimum, information concerning all of the following:
(A)City, county, and ZIP Code of practice.
(B)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.
(C)Work hours.
(D)Titles of positions held.
(E)Time spent in direct patient care.
(F)Clinical practice area.
(G)Race or ethnicity, subject to paragraph (2).
(H)Gender or gender identity.
(I)Languages spoken.
(J)Educational background.
(K)Future work intentions.
(L)Job satisfaction ratings.
(2)A licensee may, but is not required to, report their race or ethnicity to the board.
(c)Each board shall maintain the confidentiality of the information it receives from licensees under this section and shall only release information in an aggregate form that cannot be used to identify an individual.
(d)Each board shall produce reports containing the workforce data it collects pursuant to this section, at a minimum, on a biennial basis. Aggregate information collected pursuant to this section shall be posted on each boards internet website.
(e)Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and annually thereafter, provide the data it collects pursuant to this section to the Office of Statewide Health Planning and Development in a manner directed by the office that allows for inclusion of the data into the annual report it produces pursuant to Section 128052 of the Health and Safety Code.
SEC. 2.Section 2717 of the Business and Professions Code is repealed.SEC. 3.Section 2852.5 of the Business and Professions Code is repealed.SEC. 4.Section 3518.1 of the Business and Professions Code is repealed.SEC. 5.Section 3770.1 of the Business and Professions Code is repealed.SEC. 6.Section 4506 of the Business and Professions Code is repealed.SEC. 7.The Legislature finds and declares that Section 1 of this act, which adds Section 502 of the Business and Professions Code, imposes a limitation on the publics 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.
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Date
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Status
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|---|---|
| Feb 1, 2022 | Died on inactive file. |
| Jun 1, 2021 | Ordered to inactive file at the request of Assembly Member Ting. |
| Jun 1, 2021 | Action rescinded and record expunged whereby a roll call vote was taken. |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| May 12, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2021 | Re-referred to Com. on APPR. |
| Apr 29, 2021 | Read second time and amended. |
| Apr 28, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 27). |
| Apr 19, 2021 | Re-referred to Com. on B. & P. |
| Apr 15, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Mar 4, 2021 | Referred to Com. on B. & P. |
| Feb 22, 2021 | Read first time. |
| Feb 20, 2021 | From printer. May be heard in committee March 22. |
| Feb 19, 2021 | Introduced. To print. |
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