Health professionals., the official text

An act to amend Section 502 of the Business and Professions Code, and to add and repeal Section 30 of the Health and Safety Code, relating to health professions.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing federal law requires the Secretary of Health and Human Services to designate health professional shortage areas and requires the secretary, in establishing criteria for the designation of those areas, to consider, among other things, the ratio of available health manpower to the number of individuals in an area or population group and indicators of a need for health services, as specified. Existing state law makes references to federally recognized or designated health professional shortage areas in various contexts, including, among others, the California Physician Corps Program, the California Reproductive Health Services Corps, the Oral Health Program, the Virtual Health Hub for Rural Communities Pilot Program, and health professions planning grants.
This bill, until January 1, 2035, would define the term “health professional shortage area” to mean (1) an area determined by the Department of Health Care Access and Information to have a shortage of health professionals, (2) a health professional shortage area designated or recognized by the United States Department of Health and Human Services, or (3) an area designated or recognized as a health professional shortage area by the United States Department of Health and Human Services on January 1, 2025, regardless of whether that area remains designated or recognized by the United States Department of Health and Human Services as a health professional shortage area. For an area determined to be a health professional shortage area by the Department of Health Care Access and Information, the bill would authorize the department to revoke that designation.
(2) Existing law requires specified boards, including the Board of Registered Nursing and the Respiratory Care Board of California, to collect certain workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires other boards that regulate healing arts licensees or registrants to request workforce data from their respective licensees and registrants for future workforce planning at least biennially. Existing law requires the workforce data collected or requested to include specified information, including, among others, the type of employer or classification of primary practice site, as specified. Existing law prohibits a licensee or registrant from being required to provide the information as a condition for license or registration renewal and prohibits licensees or registrants from being subject to discipline for not providing the information. Existing law requires the boards and the Department of Health Care Access and Information to maintain the confidentiality of licensee and registrant information collected pursuant to these provisions and authorizes release of the information only in aggregate form. Existing law requires each board to provide individual licensee and registrant data to the Department of Health Care Access and Information on a quarterly basis, as specified.
This bill would require the workforce data to be collected or requested by boards at the time a license or registration is issued. The bill would require the information collected or requested by boards to also include, among other things, the hours worked in inpatient care, hours worked in outpatient care, and whether the licensee or registrant offers a formal sliding fee scale. The bill would instead require each board to provide licensee and registrant data on a monthly basis.
(3) 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.

The people of the State of California do enact as follows:

SECTION 1.
Section 502 of the Business and Professions Code is amended to read:
502.
(a) Notwithstanding any other law, both of the following apply:
(1) The Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Physician Assistant Board, and the Respiratory Care Board of California shall collect workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or registration is issued and at least biennially thereafter. The data shall be collected at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(2) All other boards that are not listed in paragraph (1) that regulate healing arts licensees or registrants under this division shall request workforce data from their respective licensees and registrants as specified in subdivision (b) for future workforce planning at the time the license or registration is issued and at least biennially thereafter. The data shall be requested at the time of electronic license or registration issuance and renewal for those boards that utilize electronic issuances and renewals for licensees or registrants.
(b) In conformance with specifications under subdivision (d), the workforce data collected or requested by each board about its licensees and registrants shall include, at a minimum, all of the following information:
(1) Anticipated year of retirement.
(2) Primary and secondary area of practice or specialty.
(3) City, county, and ZIP Code of practice.
(4) Date of birth.
(5) Educational background and the highest level attained at time of licensure or registration.
(6) Gender or gender identity.
(7) Hours spent in direct patient care, including telehealth hours as a subcategory, training, research, and administration.
(8) Hours worked in inpatient care.
(9) Hours worked in outpatient care.
(10) Languages spoken.
(11) National Provider Identifier.
(12) Hours worked providing direct outpatient primary care services.
(13) Race or ethnicity.
(14) Type of employer or classification of primary practice site, including, but not limited to, clinic, hospital, managed care organization, or private practice.
(15) Whether the licensee or registrant accepts Medicaid.
(16) Whether the licensee or registrant offers a formal sliding fee scale.
(17) Work hours.
(18) Sexual orientation.
(19) Disability status.
(c) Each board shall maintain the confidentiality of the information it receives from licensees and registrants under this section and shall only release information in an aggregate form that cannot be used to identify an individual other than as specified in subdivision (e).
(d) The Department of Consumer Affairs, in consultation with the Department of Health Care Access and Information, shall specify for each board subject to this section the specific information and data that will be collected or requested pursuant to subdivision (b). The Department of Consumer Affairs’ identification and specification of this information and data shall be exempt until June 30, 2023, from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(e) Each board, or the Department of Consumer Affairs on its behalf, shall, beginning on July 1, 2022, and monthly thereafter, provide the individual licensee and registrant data it collects pursuant to this section to the Department of Health Care Access and Information in a manner directed by the Department of Health Care Access and Information, including license or registration number and associated license or registration information. The Department of Health Care Access and Information shall maintain the confidentiality of the licensee and registrant information it receives and shall only release information in an aggregate form that cannot be used to identify an individual.
(f) A licensee or registrant shall not be required to provide the information listed in subdivision (b) as a condition for license or registration renewal, and licensees or registrants shall not be subject to discipline for not providing the information listed in subdivision (b).
(g) This section does not alter or affect mandatory reporting requirements for licensees or registrants established pursuant to this division, including, but not limited to, Sections 1715.5, 1902.2, 2425.3, and 2455.2.

SEC. 2.
Section 30 is added to the Health and Safety Code, to read:
30.
(a) Notwithstanding any other law, and for purposes of this code and any other law or regulation, “health professional shortage area” means all of the following:
(1) A health professional shortage area designated or recognized by the United States Department of Health and Human Services.
(2) An area designated or recognized as a health professional shortage area by the United States Department of Health and Human Services on January 1, 2025, regardless of whether that area remains designated or recognized by the United States Department of Health and Human Services as a health professional shortage area.
(3) (A) An area determined by the Department of Health Care Access and Information to have a shortage of health professionals.
(B) The Department of Health Care Access and Information may revoke a designation of a health professional shortage area described in subparagraph (A).
(b) Notwithstanding any other law, and for purposes of this code and any other law or regulation, any reference to a health professional shortage area, including, but not limited to, references qualified as referring to health professional shortage areas designated or recognized by a federal agency, shall be deemed to refer to the definition in subdivision (a).
(c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

SEC. 3.
The Legislature finds and declares that Section 1 of this act, which amends Section 502 of the Business and Professions Code, imposes a limitation on the public’s 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.