Cal. HSC § 124441 — California Code / Code hsc / Division 106 / Part 4 / Chapter 1 / Section 124441
Section 124441
Status: in_force

(a) For purposes of this section, the following definitions apply:

(1) “Medical chaperone” means a trained employee of a provider who assists or observes during the portion of a visit that includes a sensitive examination.

(2) “Provider” has the same meaning as in Section 127500.2, except that “provider” does not include any facility owned or operated by the Department of Corrections and Rehabilitation or any facility licensed by the State Department of Public Health.

(3) (A) “Sensitive examination” means an ultrasound examination performed by a sonographer of any of the following areas:

(i) Genitalia.

(ii) Breast.

(iii) Rectum.

(B) “Sensitive examination” also includes an ultrasound examination of the pubic or groin region.

(4) (A) “Sonographer” means any nonphysician who is a sonography technician whose primary duties consist of performing diagnostic medical ultrasounds and who is qualified by national certification or academic or clinical experience to perform diagnostic medical ultrasounds. National certification includes certification by the American Registry for Diagnostic Medical Sonography (ARDMS), Cardiovascular Credentialing International (CCI), or American Registry of Radiologic Technologists (ARRT).

(B) A sonographer is also known as an “ultrasound technologist” or “sonologist.”

(b) (1) Except as provided in paragraph (3), a provider that offers a sensitive examination shall provide notice to patients that a medical chaperone will be made available upon a patient’s request to assist or observe the sensitive examination. The notice shall be provided in any of the following methods:

(A) A hard copy provided to the patient, or their legal guardian, in person at a visit, or prior to a visit in a separate single document.

(B) An electronic transmission, including, but not limited to, a text message or email to the patient or their legal guardian prior to or during the visit.

(C) Verbally to the patient, or their legal guardian, either prior to or in person at a visit, with documentation of the offer in the patient’s health record.

(2) If a patient does not request a medical chaperone, but the provider determines, for any reason, that a medical chaperone must be present, the provider has the right to decline performing the sensitive examination in the absence of a medical chaperone.

(3) A provider that performs a sensitive examination to a patient receiving emergency services and care, as defined in Section 1317.1, shall, when feasible, inform the patient that a medical chaperone will be made available upon request to assist or observe the sensitive examination.

(c) (1) A provider shall educate sonographers and clinical and nonclinical staff who may serve as a medical chaperone about appropriate observational and intervention techniques, how to properly drape a patient, the importance of neutrality, and reporting procedures for any inappropriate behaviors observed or communicated by the patient.

(2) Except as provided in paragraph (3), if a patient requests a medical chaperone, the provider shall provide a medical chaperone for the entirety of an ultrasound examination if any portion of the ultrasound examination is a sensitive examination. The provider shall document the medical chaperone’s presence in the patient’s health record.

(3) In the event a medical chaperone is unavailable at the time of the sensitive examination, the provider shall coordinate with the patient to find an acceptable alternative, which may include, but not be limited to, waiting without undue delay for a medical chaperone to become available.

(d) This section shall become operative on January 1, 2027.