2022 California Code
Business and Professions Code - BPC
DIVISION 2 - HEALING ARTS
CHAPTER 5 - Medicine
ARTICLE 12 - Enforcement
Section 2253.
2253. (a) 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.
(b) (1) 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.
(2) A person shall not be subject to Section 2052 if the person performs an abortion by medication or aspiration techniques in the first trimester of pregnancy, 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 the functions necessary for an abortion by medication or aspiration techniques.
(c) In order to perform an abortion by aspiration techniques pursuant to paragraph (2) of subdivision (b), a person shall comply with Section 2725.4 or 3502.4.
(d) 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).
(e) 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:
(1) 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.
(2) 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.
(Amended by Stats. 2022, Ch. 565, Sec. 1. (AB 2626) Effective September 27, 2022.)
