CPA Legislative Bill List and Positions

July 2010

Status: 3/15/2010-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

Location: 3/15/2010-S. APPR.

Summary: Would establish a buprenorphine medication assisted treatment pilot program under Drug Medi-Cal, commencing January 1, 2011, and concluding December 31, 2016, for the purpose of determining the efficacy of buprenorphine in treating opioid addiction. This bill would require all narcotic treatment programs participating in the pilot program to operate in accordance with prescribed requirements. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/2/2010-Failed Deadline pursuant to Rule 61(b)(13). (Last location was JUD. on 7/15/2009)

Location: 7/2/2010-S. DEAD

Summary: Would provide that allegations of physical or sexual abuse against a child are to be investigated using specified methods of data collection and analysis. The bill would provide that the rules of evidence applicable in criminal proceedings shall apply whenever the court considers an allegation of physical or sexual abuse against a child in a custody proceeding. The bill would also provide that unproven, nonscientific theories, including, but not limited to, alienation theories, as specified, are not consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The bill would prohibit a court from relying upon an unproven, unscientific theory and from accepting into evidence any finding provided by an expert witness or court appointed professional who has relied on an unproven, nonscientific theory that is a basis for that finding. The bill would require the Judicial Council to provide training consistent with these provisions . The bill would include a statement of legislative intent.

Position: Pending

Status: 7/15/2010-From inactive file. Read second time and amended. Ordered returned to second reading.

Location: 7/15/2010-S. SECOND READING

Summary: Would require a designating entity to consult with the governing body of a city, if the site is within city limits, and with representatives of the applicable fire department and child welfare agency, as specified . The bill would permit a local fire agency, upon the approval of the appropriate local governing body of the agency, to designate a safe-surrender site. The bill would specify certain circumstances in which a safe-surrender site and its personnel have no liability for a surrendered child. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/15/2010-From committee: Amend, do pass as amended, and re-refer to Com. on RLS. (Ayes 6. Noes 2.) (June 30).

Location: 7/15/2010-S. RLS.

Summary: Would establish the Patient-Centered Medical Home Act of 2010 to encourage licensed health care providers and patients to partner in a patient-centered medical home, as defined, that promotes access to high-quality, comprehensive care , in accordance with prescribed requirements .

Position: Approve

Status: 7/15/2010-From committee: Do pass. (Ayes 6. Noes 2.) (July 15).

Location: 6/24/2010-S. APPR.

Summary: Would expand this coverage requirement for certain health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2011, to include the diagnosis and treatment of a mental illness of a person of any age and would define mental illness for this purpose as a mental disorder defined in the Diagnostic and Statistical Manual IV, subject to regulatory revision, as specified. The bill would specify that this requirement does not apply to a health care benefit plan, contract, or health insurance policy with the Board of Administration of the Public Employees' Retirement System unless the board elects to purchase a plan, contract, or policy that provides mental health coverage. This bill contains other related provisions and other existing laws.

Position: Support

Status: 7/15/2010-Read second time and amended. Ordered to third reading.

Location: 7/15/2010-S. THIRD READING

Summary: Would require ski resorts to prepare an annual safety plan, make the safety plan available to the public upon request, and make available to the public a monthly report with specified details about any fatal incidents at the resort which resulted from a recreational activity. The bill would also require a standardized signage policy and a standardized equipment padding policy for the resort. This bill contains other related provisions.

Position: Approve

Status: 7/15/2010-From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (June 23).

Location: 6/23/2010-S. RLS.

Summary: Would delete the December 31, 2010, end dates for these authorizations and would thereby reestablish these authorizations indefinitely. This bill contains other existing laws.

Position: Approve

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. on 5/19/2010)

Location: 6/4/2010-A. DEAD

Summary: Would state the Legislature's findings and declarations on the use of telemedicine in the state's prisons. This bill would require the department , by January 1, 2012, to include protocols within its existing guidelines for determining when telemedicine services are appropriate, and would require the department to require an operational telemedicine services program at all adult institutions by January 1, 2015. The bill would require the department to schedule a patient for an evaluation with a distant physician when it is determined to be medically necessary, and would allow the department to use telemedicine only when it is in the best interest of the health and safety of the inmate patient. The bill would require the department to ensure that telemedicine shall not be used to supplant civil service physicians and dentists . This bill contains other related provisions.

Position: Approve

Status: 7/15/2010-From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 3.) (June 30). Read second time and amended. Re-referred to Com. on APPR.

Location: 7/15/2010-S. APPR.

Summary: Would permit the State Department of Public Health to authorize certain entities, that meet prescribed conditions, to provide hypodermic needle and syringe exchange services in any location where the department determines that the conditions exist for the rapid spread of HIV, viral hepatitis, or any other potentially deadly or disabling infection spread through the sharing of used hypodermic needles and syringes. The bill would require the entities to submit an application to the department, would require a 45 day public comment period, would specify that participants shall not be subject to criminal prosecution for possession of needles and syringes acquired under the program, and would make conforming changes. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/15/2010-Read second time and amended. Re-referred to Com. on APPR.

Location: 7/15/2010-S. APPR.

Summary: Would authorize superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. The bill would provide that county participation is voluntary. The bill would declare the intent of the Legislature that, where there are statutory requirements for certain education or counseling programs to be included in the terms of probation, the components of those counseling terms would be required to be incorporated into the treatment programs that are designed to treat the underlying psychological disorders rather than requiring them in lieu of the psychological treatments.

Position: Approve

Status: 6/22/2010-Read second time and amended. Re-referred to Com. on APPR.

Location: 6/22/2010-S. APPR.

Summary: Would authorize a health care provider or a health care service plan to disclose information relevant to the incident of child abuse or neglect, or to the incident of elder or dependent adult abuse, that may be given to an investigator from an agency investigating the case, including the investigation report and other pertinent materials that may be given to the licensing agency. By changing the definition of a crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/15/2010-In committee: Placed on APPR suspense file.

Location: 6/24/2010-S. APPR.

Summary: Would, instead, require the department to plan, conduct, and cause to be conducted scientific research into the prevention of sex crimes against children and into methods of identifying those who commit sexual offenses .

Position: Approve

Status: 6/22/2010-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 22).

Location: 6/22/2010-S. APPR.

Summary: Would authorize, during the pendency of any juvenile proceeding, the minor's counsel or the court to express a doubt as to the minor's competency. The bill would provide that a minor is incompetent to proceed if he or she lacks sufficient present ability to consult with counsel and assist in preparing his or her defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding, of the nature of the charges or proceedings against him or her. The bill would require proceedings to be suspended if the court finds substantial evidence raises a doubt as to the minor's competency . The bill would require the court to appoint an expert , as specified, to evaluate whether the minor suffers from a mental disorder, developmental disability, or developmental immaturity , or other condition and, if so, whether the condition impairs the minor's competency. The bill would require the Judicial Council to develop and adopt rules to implement these requirements. The bill would require that, if the minor is found to be incompetent by a preponderance of the evidence, all proceedings remain suspended to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future or the court no longer retains jurisdiction. This bill contains other existing laws.

Position: Watch

Status: 7/15/2010-Read second time and amended. Re-referred to Com. on APPR.

Location: 7/15/2010-S. APPR.

Summary: Would, until January 1, 2013, revise the above-described definition to also include any premises, place, or building that provides a program, accredited by a nationally recognized accrediting organization, that uses a multidisciplinary team, as specified, to provide limited medical services within a residential facility that do not require a health facility license, to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

Position: Approve

Status: 7/15/2010-Chaptered by Secretary of State - Chapter 93, Statutes of 2010.

Location: 7/16/2010-A. CHAPTERED

Summary: Would authorize a physician and surgeon who is registered with the federal Attorney General pursuant to the above-described federal law to provide treatment for addiction pursuant to this federal law. This bill contains other existing laws.

Position: Approve

Status: 7/15/2010-Chaptered by Secretary of State - Chapter 95, Statutes of 2010.

Location: 7/16/2010-A. CHAPTERED

Summary: Would provide, in addition, that information relevant to a report made relating to a child suffering, or in substantial risk of suffering, serious emotional damage may be given to that investigator and licensing agency.

Position: Approve

Status: 7/20/2010-Signed by the Governor

Location: 7/20/2010-A. CHAPTERED

Summary: Would provide that "reasonable suspicion" does not require certainty that child abuse or neglect has occurred nor does it require a specific medical indication of child abuse or neglect.

Position: Approve

Status: 6/4/2010-Failed Deadline pursuant to Rule 61(b)(11). (Last location was APPR. SUSPENSE FILE on 5/5/2010)

Location: 6/4/2010-A. DEAD

Summary: Would require the office to also submit to the Legislature for review a copy of each regulation that it submits to the Secretary of State. This bill would also require that a regulation become effective on the 90th day after it is filed with the Secretary of State, unless prescribed conditions occur. This bill contains other related provisions.

Position: Approve

Status: 6/30/2010-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (June 29).

Location: 6/30/2010-S. APPR.

Summary: Would prohibit a plan or insurer from canceling or rescinding an individual health care service plan contract or individual health insurance policy because of misrepresentation unless specified conditions are met and would require that plan or insurer decisions to cancel or rescind pursuant to that provision be reviewed by an independent review process that the bill would establish in the Department of Managed Health Care and the Department of Insurance commencing March 31, 2011 . The bill would require plans and insurers to provide specified notices to subscribers, enrollees, policyholders, and insureds concerning potential rescissions or cancellations and the independent review process and would also require a plan or insurer to annually report to the department the total number of individual health care service plan contracts or individual health insurance policies issued, canceled, or rescinded pursuant to these provisions during the preceding calendar year. The bill would require affected plans and insurers, as specified, to pay the cost of the independent review system pursuant to an assessment fee system established by the Director of Managed Health Care and the Insurance Commissioner. The bill would also impose administrative penalties upon a plan or insurer that engages in any conduct that has the effect of prolonging an independent review process or that fails to implement an independent review process decision. The bill would require that penalties collected from plans be deposited into the Managed Care Administrative Fines and Penalties Fund, and that penalties collected from insurers be deposited into the Major Risk Medical Insurance Fund for purposes of MRMIP, subject to appropriation by the Legislature. The bill would exempt certain types of plans and policies from the bill's requirements and would enact related provisions. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/1/2010-From committee: Do pass, and re-refer to Com. on APPR with recommendation: To Consent Calendar. Re-referred. (Ayes 8. Noes 0.) (June 30).

Location: 7/1/2010-S. APPR.

Summary: Would expand these provisions to apply to quality rating, as defined, utilized by the plan or insurer with respect to a particular physician, provider, medical group, or individual practice association. The bill would also require the department filings to be made immediately upon adoption of the policies and procedures and within 30 days of making any changes to the policies and procedures. The bill would modify the required content of the filings, as specified, and would require a plan or insurer that submitted a filing prior to January 1, 2011, to update the filing by March 31, 2011, to comply with the bill's requirements and to reflect the plan's or insurer's current policies and procedures . This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/7/2010-Chaptered by Secretary of State - Chapter No. 58, Statutes of 2010

Location: 7/7/2010-A. CHAPTERED

Summary: Would proclaim the 3rd Monday of each September as California Memorial Project Remembrance Day in California, to honor and restore dignity to individuals who lived and died in California institutions.

Position: Approve

Status: 7/2/2010-Failed Deadline pursuant to Rule 61(b)(13). (Last location was HEALTH on 5/14/2009)

Location: 7/2/2010-A. DEAD

Summary: Would subject to specified exceptions, commencing March 1, 2010, require the State Department of Mental Health to send a reimbursement claim to the Controller within 90 days after the receipt of a reimbursement claim from any fee-for-service county contractor , and would provide that interest shall accrue on an unpaid claim, as prescribed, commencing on the 91st day after receipt of the claim, except as provided. This bill contains other existing laws.

Position: Approve

Status: 6/22/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0.) Re-referred to Com. on APPR. (Heard in committee on June 22.)

Location: 6/22/2010-A. APPR.

Summary: Existing law provides for the licensure and regulation of various healing arts licensees by various boards, as defined, within the Department of Consumer Affairs, including the California Board of Occupational Therapy, the Physician Assistant Committee of the Medical Board of California, and the Veterinary Medical Board. Existing law requires the committee and authorizes the Veterinary Medical Board to appoint an executive officer. Under existing law, those provisions regarding the California Board of Occupational Therapy will become inoperative on July 1, 2013, and will be repealed on January 1, 2014. Those provisions governing the Physician Assistant Committee of the Medical Board of California and the Veterinary Medical Board will become inoperative on July 1, 2011, and will be repealed on January 1, 2012. Under this bill, the provisions relating to the California Board of Occupational Therapy would become inoperative and be repealed on January 1, 2014, and the provisions concerning the Physician Assistant Committee of the Medical Board of California and the Veterinary Medical Board would become inoperative and be repealed on January 1, 2013. This bill contains other related provisions and other existing laws.

Position: Oppose Unless Amended

Status: 7/1/2010-Read second time. To third reading.

Location: 7/1/2010-A. THIRD READING

Summary: Would authorize a prisoner who was under 18 years of age at the time of committing an offense for which the prisoner was sentenced to life without parole to submit a petition for recall and resentencing to the sentencing court, and to the prosecuting agency, as specified. The bill would establish certain criteria, at least one of which shall be asserted in the petition, to be considered when a court decides whether to conduct a hearing on the petition for recall and resentencing and additional criteria to be considered by the court when deciding whether to grant the petition. The bill would require the court to hold a hearing if the court finds that the defendant's statement is true, as specified. The bill would apply retroactively, as specified.

Position: Approve

Status: 6/30/2010-Set, first hearing. Referred to APPR. suspense file.

Location: 6/30/2010-A. APPR. SUSPENSE FILE

Summary: Would authorize the board to administer a program to award , upon appropriation by the Legislature, up to $3 million in grants, annually, to trauma centers, as defined.

Position: Approve

Status: 6/24/2010-Read second time. Amended. Re-referred to Com. on APPR.

Location: 6/24/2010-A. APPR.

Summary: Would expand those provisions to apply when the victim of the offense observed is under 18 years of age, and would specify that this obligation to report crimes to a peace officer applies to sodomy, oral copulation, and sexual penetration, as specified, where those crimes are accomplished by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person , and rape in concert. The bill would provide additional exceptions to the reporting requirement for domestic partners, for children under 12 years of age, and for victims of the offenses that are subject to reporting. The bill would provide that a violation of these reporting obligations may also be punished as an infraction by a fine of $250. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/6/2010-From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 7. Noes 2.) (Heard in committee on June 29.)

Location: 7/6/2010-A. SENATE SECOND

Summary: Would require a person under 18 years of age to wear a properly fitted and fastened snow sport helmet while operating snow skis or a snowboard while participating in the sport of downhill skiing or snowboarding, or while riding upon a seat or other device that is attached to the snow skis or a snowboard while participating in the sport of downhill skiing or snowboarding. The bill would impose a $25 fine for a violation of this requirement. The bill would, however, provide that the charge against a person be dismissed if it is the first charge against that person for a violation of this requirement , as specified . Because this bill would create a new crime, it would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 6/10/2010-To Com. on BUDGET.

Location: 6/10/2010-A. BUDGET

Summary: Would require that the budget submitted by the Governor to the Legislature for the 2014-15 fiscal year and each fiscal year thereafter be developed pursuant to performance-based budgeting, as defined, for each state agency. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 6/30/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 2.) Re-referred to Com. on APPR. (Heard in committee on June 29.)

Location: 6/30/2010-A. APPR.

Summary: Would delete the prohibition against any person possessing or having under his or her control any hypodermic needle or syringe, except in accordance with the aforementioned regulatory provisions. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/2/2010-Failed Deadline pursuant to Rule 61(b)(13). (Last location was B. & P. on 6/2/2010)

Location: 7/2/2010-A. DEAD

Summary: Would create the Volunteer Insured Physicians Program, administered by the board, to provide specified medical malpractice insurance coverage to volunteer physicians providing uncompensated care to patients pursuant to a contract with a qualified health care entity, as defined. The bill would provide funding for the program from the Contingent Fund of the Medical Board of California for a limited period of time. The bill would require annual reports to the Legislature until January 1, 2015.

Position: Approve

Status: 6/22/2010-From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR. (Heard in committee on June 22.)

Location: 6/22/2010-A. APPR.

Summary: Would provide that a physician assistant acts as the agent of the supervising physician when performing authorized activities, and would authorize a physician assistant to perform physical examinations and other specified medical services, as defined, and sign and attest to any document evidencing those examinations and other services, as required pursuant to specified provisions of law. The bill would further provide that a delegation of services agreement may authorize a physician assistant to order durable medical equipment, certify disability, as specified, and make arrangements with regard to home health services or personal care services. The bill would make conforming changes to provisions in the Education Code, the Public Utilities Code, and the Unemployment Insurance Code with regard to the performance of those examinations and services and acceptance of those attestations. The bill would also authorize a physician assistant to perform a physical examination that is required for participation in an interscholastic athletic program, as specified. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 6/30/2010-From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 17. Noes 0.) Re-referred to Com. on APPR. (Heard in committee on June 29.)

Location: 6/30/2010-A. APPR.

Summary: Would subject to the receipt of federal financial participation, make individuals awaiting adjudication in county juvenile detention facilities eligible for Medi-Cal benefits if the individual is receiving Medi-Cal benefits at the time he or she is admitted to the detention facility, or the individual is subsequently determined to be eligible for Medi-Cal benefits by the county welfare department, and the county agrees to pay the state's share of Medi-Cal expenditures and the state's administrative costs through an intergovernmental transfer of funds. This bill would provide that these individuals would have their Medi-Cal benefits continued for the first 30 days of the individual's stay in the county juvenile detention facility, or until the date of adjudication, whichever period of time is less. This bill contains other related provisions and other existing laws.

Position: Approve

Status: 7/1/2010-Read second time. To third reading.

Location: 7/1/2010-A. THIRD READING

Summary: Would require plans and insurers to assign a tracking number to a claim or provider request for authorization, upon receipt thereof, and to provide acknowledgment of receipt thereof, including identification of the tracking number, to the provider, as specified. With respect to claims that are contested on the basis that the plan or insurer has not received all information necessary to determine payer liability for the claim, the bill would require the plan or insurer to provide acknowledgment of receipt of any of that information within 3 working days, as specified. This bill contains other related provisions and other existing laws.

Position: Co-sponsor