California Acts of the 2023 Legislative Session
AB 1754, Chapter 131
An act to amend Sections 2270, 2530.2, 2533.6, 2570.3, 2786, 10083.2, 10166.07, and 18975 of the Business and Professions Code, to amend Sections 47, 1749.8, 1749.8.1, 1788.18, 1798.99.31, 2924f, and 3273.50 of the Civil Code, to amend Sections 98, 377.34, 681.030, 683.110, 685.010 and 1002 of the Code of Civil Procedure, to amend Sections 1151 and 13401 of the Corporations Code, to amend Sections 8902, 17250.62, 20091, 41329, 41490, 41585, 42238.01, 42238.5, 45301, 47605, 47605.6, 48432.5, 51461, 51747, 52073.3, 52511, 53071, 53076.1 54692, 67102.5, 67329.51, 67385.7, 71093, 78212.5, 94146, 94150, and 94151 of the Education Code, to amend Sections 2194, 2196, 7300, 12303, 13312, and 21575 of the Elections Code, to amend Section 1227 of the Evidence Code, to amend Sections 7571, 7572, and 17552 of the Family Code, to amend Sections 6539.8, 6588.7, 7906, 7929.011, 8586.5, 8588.9, 8594.13, 8699, 9902, 11019.81, 11188, 12100.63, 12100.101, 12100.103, 12100.163, 14560, 14838.1, 16429.10, 19402, 20825.14, 21024, 26666.5, 51010, 53087.9, 54953, 54954.2, 61105, 65585, 65850.52, 65852.24, 65912.113, 65912.123, 65913.4, and 68645.2 of, and to amend and renumber Section 8654.2 of, the Government Code, to amend Sections 1418.22, 1568.23, 1568.28, 1568.271, 1568.295, 1596.955, 1748, 11361.9, 18941.17, 25173.7, 25205.2, 25214.8.11.2, 25214.8.11.6, 25269.2, 25403.1, 25404, 25501, 38561.3, 39741.5, 44225, 44287, 50199.23, 50254, 50720.2, 53559, 105250.5, 105254, 127501.4, 127502.5, 127507.2, 128736, 150204.5, and 150204.6 of the Health and Safety Code, to amend Sections 1156.35, 1410, 1471, 1472, 1771.4, 2671, 2783, 3073.1, 4610, 4903.6, and 6409.6 of, and to amend and renumber Section 5414.3 of, the Labor Code, to amend Sections 146e, 236.14, 236.15, 653.29, 679.12, 680, 832.7, 1001.81, 1170, 1170.02, 1172.1, 1172.2, 1203.425, 1385, 1465.9, 11105, 11163.5, 13680, and 13683 of the Penal Code, to amend Section 854 of the Probate Code, to amend Section 20146 of the Public Contract Code, to amend Sections 2207, 5580, 5581, 9084, 21080.58, 21168.6.9, 25545, 25545.1, 25545.3.5, 25545.5, 25793, 25794.1, 35160, 42041, 42051, 42051.1, 42053, 42057, 42060, 42060.5, 42061, 42064.01, 42081, 42420.1, 42420.3, 42422.1, 42422.5, 42425.1, 42463, 42465, 42476, 42479 of, and to amend and renumber Section 25454.7.2 of, the Public Resources Code, to amend Sections 5900 and 125222 of the Public Utilities Code, to amend Sections 214.15.1, 327, 6377, 10783.2, 12206, 17053.80, 19586, 23628, and 34019 of, and to amend and renumber Section 17131.12 of, the Revenue and Taxation Code, to amend Section 894 of the Streets and Highways Code, to amend Sections 22, 5204, 12811, 23301.5, 40000.11, and 40225 of the Vehicle Code, to amend Sections 12687.5 and 80710 of the Water Code, and to amend Sections 726, 1732.9, 3200, 5275, 5346, 6609.1, 8257, 10850, 11454.5, 11495.15, 14197.45, 16501.1, and 18929 of the Welfare and Institutions Code, relating to maintenance of the codes.
AB 1754, Committee on Judiciary. Maintenance of the codes.
Existing law directs the Legislative Counsel to advise the Legislature from time to time as to legislation necessary to maintain the codes.
This bill would make nonsubstantive changes in various provisions of the law to effectuate the recommendations made by the Legislative Counsel to the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2270 of the Business and Professions Code is amended to read:
2270. (a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment, and the development, safety, and effectiveness of COVID-19 vaccines.
(b) For purposes of this section, the following definitions shall apply:
(1) "Board" means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.
(2) "Disinformation" means misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.
(3) "Disseminate" means the conveyance of information from the licensee to a patient under the licensee's care in the form of treatment or advice.
(4) "Misinformation" means false information that is contradicted by contemporary scientific consensus contrary to the standard of care.
(5) "Physician and surgeon" means a person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(c) Section 2314 shall not apply to this section.
SEC. 2. Section 2530.2 of the Business and Professions Code is amended to read:
2530.2. As used in this chapter, unless the context otherwise requires:
(a) "Board" means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(b) "Person" means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.
(c) A "speech-language pathologist" is a person who practices speech-language pathology.
(d) The practice of speech-language pathology means all of the following:
(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.
(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.
(3) Conducting hearing screenings.
(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facility's training protocols on suctioning procedures.
(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).
(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.
(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by a physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patient's medical needs that complies with procedures specified in paragraph (1) of subdivision (g).
(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.
(A) A clinic, as defined in Section 1200 of the Health and Safety Code.
(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.
(C) A health facility, as defined in Section 1250 of the Health and Safety Code.
(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.
(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.
(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent...
