California Business and Professions Code

Cal. Bus. & Prof. Code § 2253 (2011)[1]

(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) in performing, assisting, procuring or aiding, abetting, attempting, agreeing, or offering to procure an illegal abortion constitutes unprofessional conduct.

(b)  (1) A person is subject to Sections 2052 and 2053[2] if he or she performs or assists in performing a surgical abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon as provided in this chapter, or if he or she assists in performing a surgical abortion and does not have a valid, unrevoked, and unsuspended license or certificate obtained in accordance with some other provision of law that authorizes him or her to perform the functions necessary to assist in performing a surgical abortion.

(2) A person is subject to Sections 2052 and 2053[3] if he or she performs or assists in performing a nonsurgical abortion, and at the time of so doing, does not have a valid, unrevoked, and unsuspended license to practice as a physician and surgeon as provided in this chapter, or does not have a valid, unrevoked, and unsuspended license or certificate obtained in accordance with some other provision of law that authorizes him or her to perform or assist in performing the functions necessary for a nonsurgical abortion.

(c) For purposes of this section, “nonsurgical abortion” includes termination of pregnancy through the use of pharmacological agents.

 

Cal. Bus. & Prof. Code § 2254 (2011)

The violation of Section 123440 of the Health and Safety Code, relating to research on aborted products of human conception, constitutes unprofessional conduct



[1]   On March 31, 2007, the California Office of Statewide Health Planning and Development (“OSHPD”) approved the University of California, San Francisco’s proposal to conduct a demonstration project under the Health Workforce Pilot Project (“HWPP”) Program.  Under HWPP #171, participating nurse practitioners, certified nurse midwives, and physician assistants may provide 1st trimester aspiration abortion under a legal waiver of the following provisions: (1) Section 2253 Business and Professions Code, (2) Section 75043 of Title 22 of the California Code of Regulations, and (3) Section 1399.541 of Title 16 of the California Code of Regulations.  This waiver applies only to identified health care providers at demonstration sites participating in the HWPP project for the duration of project approval.

[2]   Cal. Bus. & Prof. Code § 2053 was repealed in 2002.

[3]    Id.