Health providers: medical chaperones.

Assembly Member Soria, joined by coauthors Krell and Rubio, advances a framework that adds three new provisions to the Health and Safety Code to require trained medical chaperones for certain ultrasound examinations. The core change is to require notice that a medical chaperone will be available on request, authorize chaperone presence during a sensitive examination upon request, and mandate staff education and documentation of chaperone use. The operative date for these requirements is January 1, 2027, and the provisions cover clinics, general acute care hospitals, and other providers defined through cross-referenced statutes, with explicit exclusions for Department of Corrections and Rehabilitation facilities.

Key mechanisms and definitions establish who qualifies as a medical chaperone, what constitutes a sensitive examination, and who counts as a provider. A medical chaperone is a trained provider employee who assists or observes during the portion of a visit that includes a sensitive examination. A sensitive examination encompasses ultrasound examinations involving genitalia, breast, rectum, and also the pubic or groin region. A sonographer is defined as a nonphysician ultrasound technician qualified by national certification or substantial academic or clinical experience, with recognized aliases such as “ultrasound technologist” or “sonologist.” Providers offering a sensitive examination must offer notice of chaperone availability through hard copy, electronic transmission, or verbal communication with the offer documented in the patient’s health record. If a patient does not request a chaperone, a provider may require one if the provider determines it is necessary and may decline to perform the examination without a chaperone. In emergency settings, when feasible, providers should inform patients that a chaperone will be available upon request. Providers must educate staff who may serve as chaperones on observational and intervention techniques, proper draping, neutrality, and procedures for reporting inappropriate behavior, and, if a chaperone is requested, furnish a chaperone for the entirety of the ultrasound examination with documentation in the health record. If a chaperone is unavailable, the provider must coordinate with the patient to pursue an acceptable alternative, which may include waiting for a chaperone. The provisions become operative on January 1, 2027.

Beyond clinics, the measures extend to general acute care hospitals and other cross-referenced providers, each with substantially similar notice, education, and documentation requirements, and the same operational date. The bill would create new crimes for noncompliance and characterizes the changes as imposing a state-mandated local program, while stating that no state reimbursement is required for local agencies. Local and fiscal governance are indicated through a mandatory Fiscal Committee review and an absence of an explicit appropriation, signaling that local entities would bear implementation costs without state funding allocated in the act. The scope includes explicit exclusions for DOC facilities and, in the hospital-oriented provision, facilities licensed by the State Department of Public Health.

The bill's framework sits alongside existing licensing and regulation regimes for health facilities and ultrasound practice, referencing standard licensing oversight and prenatal ultrasound contexts while extending duties around chaperone availability, patient notice, and health-record documentation. The timeline envisions a transition period through 2027 to implement notice mechanisms, staff training, and documentation workflows, with enforcement tied to existing health-facility regulatory mechanisms and potential criminal penalties for violations. The exclusions functioning across the three sections raise questions about coverage gaps depending on facility type and licensing status, while privacy considerations and specifics of enforcement are not elaborated within the text provided.