AB 2319 Strives to Ensure All Birthing Persons are Treated with Dignity and Respect

California passed AB 2319, which amends the California Dignity in Pregnancy and Childbirth Act (CDPCA) and aims to reduce the disproportionate maternal mortality rate of Black women and other pregnant persons of color.  The law further recognizes all birthing people, including nonbinary persons and transgender persons.

The CDPCA originally took effect in January 2020 and was meant to tackle the high maternal mortality rate, particularly for Black women. As a result, the CDPCA required implicit bias training for health care providers to reduce the effects of implicit bias in pregnancy, childbirth and postnatal care.

AB 2319 now also requires an expanded implicit bias program to include recognition of intersecting identities and potential biases that could result in harm to patients and their infants. Trainings conducted through the implicit bias program must be completed by June 1, 2025 for current health care providers and within 6 months of their start date for new health care providers.

AB 2319 also extends the implicit bias training to all individuals who interact with perinatal patients or individuals who provide perinatal care in hospitals, primary care clinics, alternative birthing centers, outpatient clinics and emergency departments. All applicable facilities must provide proof of compliance of the implicit bias training provided to the Attorney General by February 1 of each year, commencing in 2026, or face civil penalties. Facilities are also potentially subject to separate civil penalties if the Attorney General finds there is a systemic failure of providers to complete the training requirements. The Attorney General also has the option to post a list of facilities who either failed to comply with the CDPCA or were assessed penalties.

AB 2319 is a step in the right direction to ensure all birthing persons are treated with dignity and respect by addressing the potential biases that may exist in individuals that have a hand in facilitating, controlling, or coordinating access to timely and appropriate medical treatment for a birthing person.

For more information regarding this law or other benefits and healthcare rights related matters, contact your legal counsel.

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