California Puts Forth Draft Standards Regarding CME Activities, Implicit Bias

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In 2006 and 2019, the California Legislature passed two laws (AB 1195 and AB 241) which require CME/CE activities in California to include education on cultural and linguistic competency (CLC) and implicit bias (IB) (where applicable). The law requires accrediting organizations to establish guidelines for education providers effective January 2022.

AB 1195 noted legislative intent to “encourage physicians and surgeons, continuing medical education providers located in this state… to meet the cultural and linguistic concerns of a diverse patient population through appropriate professional development.” AB 241 further noted legislative intent when declaring “The Legislature intends to provide specified healing arts licensees with strategies for understanding and reducing the impact of their biases in order to reduce disparate outcomes and ensure that all patients receive fair treatment and quality health care.”

On April 5, 2021, The California Medical Association released draft standards to meet the requirements of the new state law. The draft standards are aimed at reducing health disparities and are based on feedback CMA received from the continuing education and health equity stakeholder communities.

The standards would require California CME providers to include a link on their website to AB 1195 and AB 241 legislation that is accessible to planners, faculty, and speakers. Additionally, the definition of CLC and IB shall be presented to planners, faculty, and speakers, and CLC and IB educational resources shall be made available to those same groups.

In CLC education, patient populations shall be identified and it should be determined how cultural/linguistic factors should be addressed (i.e., data, surveys, research, etc.). These should be communicated to planners, faculty, and speakers. For education with an applicable IB component, disparities shall be identified in care for provider patient populations and the role IB plays in the disparities shall be reviewed and communicated to CME planners, speakers, and faculty. Educational components must be incorporated to address the factors identified.

The draft standards also require diverse planners, faculty, and/or patient representatives in the activity planning process and if there are CME activities with no applicable CLC or relevant IB content, it must be documented.

The California Medical Association encourages providers, physicians, and stakeholders to submit public comments on the proposed standards before May 5, 2021. If interested, you can submit a public comment online, via a fillable form, or even via email.

As indicated above, once the final standards are released in August 2021, California CME provider organizations physically located in California and accredited by either CMA CME or ACCME will be required by California statute to meet these standards as of January 1, 2022. However, CME courses that are dedicated solely to research or other issues that do not include a direct patient care component and CME courses that are offered by CME providers not located in California are excluded from the CLC and IB requirements.

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