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AIDS
Cancer
Developmentally Disabled
Health Professionals
Medi-Cal
Mental Health
Public Health and Safety

 

 

 

AIDS

SB 391* (Solis-D) Health

Conforms the existing AIDS Drug Assistance Program's rebate policy with federal law, as specified, for the purpose of enhancing the collection of existing statutory rebates. Provides specified patient protections for AIDS Drug Assistance Program beneficiaries.

Chapter 294, Statutes of 1997

SB 462 (Rosenthal-D) Clinical tests: Medi-Cal

Requires Medi-Cal to reimburse physicians for the cost of HIV tests, including laboratory services. Prohibits the reimbursement rate from being less than the amount currently paid to laboratories, plus the physician's charges for sample collection.

(In Senate Appropriations Committee)

SB 705 (Rainey-R) Human immunodeficiency virus

Provides that any person who exposes another to HIV by engaging in unprotected sexual activity when the infected person knows at the time of the unprotected sex that he or she is infected with HIV, has not disclosed his or her HIV-positive status, and acts with the specific intent to infect the other person with HIV, is guilty of a felony. Provides that evidence that the person had knowledge of his or her HIV-positive status is not sufficient to prove specific intent.

(On Assembly Inactive File)

SB 885 (Watson-D) AIDS: Clean Needle and Syringe Exchange Pilot Project

Establishes a Clean Needle and Syringe Exchange Pilot Project in Los Angeles, Long Beach, San Jose, and San Francisco. Requires reports to the Legislature on the program's effectiveness.

(In Assembly Appropriations Committee)

SB 1007 (Vasconcellos-D) HIV: strategic plan

Establishes the AIDS Strategic Planning Committee to develop a strategic plan to address public health issues related to AIDS and HIV. Membership includes 8 citizen members, 4 appointed by the Governor, 2 by the Speaker, and 2 by the Senate Rules Committee. Also includes the Directors of Health Services, Alcohol and Drug Programs, Rehabilitation, the UC president, the Superintendent of Public Instruction, the Director of Corrections and members from the AIDS Care and Treatment Working Group and the Office of Aids Prevention Working Group. Requires a report to the Legislature by June 1, 1999.

Vetoed by the Governor

SB 1035 (Polanco-D) Health care

Requires the State Department of Health Services to respond within 90 days to any federal Department of Health and Human Services or Health Care Financing Administration solicitation for states to propose expanding coverage within Medicaid for individuals who have tested positive for the HIV but who are not otherwise eligible because they are not disabled.

Vetoed by the Governor

SB 1110 (Leslie-R) Education

Requires written notification to be sent to the parent or guardian of a pupil at the beginning of the school year, upon enrollment, or 10 to 15 days prior, for any course or instruction on family life, sexuality, sexually transmitted diseases, or AIDS. Requires an alternative education activity to be made available to the pupil, if the pupil's parent or guardian declines to permit the pupil to receive such instruction.

(Senate refuses to concur in Assembly amendments)

AB 49 (Murray-D) Workers' compensation: death benefits

Extends the statute of limitation for claims for workers' compensation death benefits for HIV-related diseases caused by employment to within 1 year of the date of death.

Vetoed by the Governor

AB 441 (Richter-R) Tissue donors: sperm donors

Deletes from current law a prohibition against using tissues from donors who test reactively for agents of hepatitis B, hepatitis C, HTLV-1 or syphilis in California for transplantation by means of therapeutic insemination or ingestion if certain conditions are met. Prohibits the deposit of human breast milk into a milk bank for human ingestion if the donor tests reactively to any of 5 infectious diseases.

Chapter 511, Statutes of 1997

AB 818 (Martinez-D) HIV: information, counseling, and testing

Requires a medical care provider in counties with an estimated HIV prevalence rate equal to or greater than 0.2% to offer HIV counseling, testing, information and referral services to any patient between 15 and 54 years of age.

(In Senate Health and Human Services Committee)

AB 881 (Runner-R) Health care: HIV testing

Requires every general acute care hospital to administer an HIV test to every newborn baby born in that hospital, and to keep the results of the test confidential. Requires disclosure to the baby's parents or guardian. Requires the general acute care hospital to report the number of tests with positive results to the State Department of Health Services, without revealing the identity of the babies being tested.

(In Assembly Health Committee)

AB 967 (Migden-D) HIV: drug treatment

Authorizes the State Department of Health Services to request, but not require, an eligible metropolitan area or a county to shift local or federal funds to administer a program to provide drug treatments to persons infected with HIV.

Vetoed by the Governor

AB 1052 (Villaraigosa-D) Medi-Cal

Requires Medi-Cal managed care plans and primary care case management contracts to cover any drug approved by the federal Food and Drug Administration for the treatment of AIDS and AIDS-related conditions, as specified.

(On Senate Inactive File)

AB 1099 (Migden-D) Medi-Cal: eligibility

Continues Medi-Cal eligibility without a share of cost, or with a reduced share of cost, for individuals who return to work and are being treated for symptoms of HIV, AIDS, or who are disabled.

Vetoed by the Governor

AB 1137 (Ducheny-D) Medi-Cal

Requires drugs approved by the federal Food and Drug Administration for use in the treatment of AIDS or an AIDS-related condition, and certain other drugs, to be added to the drug formularies used by defined Medi-Cal managed care plans.

(In Assembly Health Committee)

Cancer

SB 1* (Burton-D) Health: prostate cancer

Requires physicians and surgeons during a physical examination, when examining the prostate gland, to provide information to the patient about the availability of appropriate diagnostic procedures, including, but not limited to, the prostate specific antigen test, under certain conditions.

Chapter 11, Statutes of 1997

SB 70 (Hayden-D) Health coverage: breast cancer

Requires health care service plans and disability insurers that provide coverage for mastectomies and lymph node dissections to allow the length of hospital stay to be determined by the attending physician and surgeon in consultation with the patient. Also requires health care service plans and disability insurers that provide coverage for mastectomy to include coverage for all complications from mastectomy, including lymphedema.

Vetoed by the Governor

SB 77 (Watson-D) Prostate Cancer Act of 1997

Creates a prostate cancer research program to be operated by a nonprofit foundation or other public entity under contract with the State Department of Health Services. Establishes a 15-member research council to develop the program's objectives and priorities and advise on the awarding of grants. Appropriates $18 million from the General Fund to the Prostate Cancer Fund with enhancement by annual allocations in subsequent budget acts.

(In Senate Appropriations Committee)

SB 273 (Burton-D) Cancer: research

Provides for the establishment of the Cancer Research Program to be administered by the State Department of Health Services for the purpose of cancer research.

Double-joined to AB 1554 (Ortiz), which creates the 15-member Cancer Research Council and the Cancer Research Fund, including a $2 million appropriation to the fund.

Chapter 756, Statutes of 1997

SB 296 (Karnette-D) Health care coverage: prostate screening

Requires health plans and insurers to provide coverage for the screening and diagnosis of prostate cancer.

Vetoed by the Governor

SB 371 (Sher-D) Prostate cancer

Establishes the Prostate Cancer Fund to support a cancer screening program for uninsured or underinsured men over 50 and men over 40 who are at high risk for prostate cancer.

(In Senate Appropriations Committee)

SB 602 (Alpert-D) California Breast Cancer Research Fund

Extends the check-off for the California Breast Cancer Research Fund to January 1, 2003. Allocates the monies collected, upon appropriation by the Legislature, to the University of California for support of breast cancer research.

Chapter 337, Statutes of 1997

SB 1060 (Vasconcellos-D) Prostate cancer

Appropriates $500,000 from the General Fund to the State Department of Health Services for research on prostate cancer, and requires the department to allocate the amount to 1 or more research organizations that meet certain criteria.

(In Assembly Appropriations Committee)

SCR 46 (Karnette-D) Cancer awareness: William "Walkin' Willie" Croker

Commends William "Walkin' Willie" Croker for his efforts to promote the need for cancer screening.

Resolution Chapter 117, Statutes of 1997

SCR 52 (O'Connell-D) National Lymphoma Awareness Week

Designates the week of October 12 through October 18, 1997, as National Lymphoma Awareness Week and honors the work of the Lymphoma Research Foundation of America.

Resolution Chapter 119, Statutes of 1997

AB 7 (Brown-D) Health coverage: breast cancer

Enacts the Breast Cancer Patient Protection Act of 1997. Requires insurers that provide coverage for mastectomies and lymph node dissections to allow the length of a hospital stay associated with these procedures to be determined by the attending physician and surgeon in consultation with the patient, as specified.

(On Senate Inactive File)

AB 12 (Figueroa-D) Health coverage: mastectomies

Enacts the Brown-Figueroa-Hayden Breast Cancer Patient Protection Act, which requires health care service plans and disability insurers to include coverage for (1) a post-mastectomy inpatient hospital stay, as determined by the physician and patient; (2) a post-discharge follow-up, as specified; (3) prosthetic devices or reconstructive surgery to achieve symmetry; and (4) complications of mastectomy, including lymphedema.

(In Assembly, concurrence in Senate amendments pending)

AB 126 (Papan-D) Child care

Creates the Child Care Reform Task Force for the purpose of reforming the state's child care delivery system.

(In Assembly Human Services Committee)

AB 571 (House-R) Workers' compensation: cancer: peace officers

Provides that if peace officers employed by the State Department of Fish and Game develop or manifest cancer during a period of employment, it is presumed that the illness is caused by employment and is compensable for purposes of receiving workers' compensation benefits.

Vetoed by the Governor

AB 760 (Migden-D) Health coverage: autologous bone marrow transplant

Deems a health plan enrollee or insured with breast cancer to be eligible for an external independent review process if the enrollee's physician determines that autologous bone marrow transplantation or other commonly recognized breast cancer treatment is medically necessary, but has been denied by the health care service plan.

Vetoed by the Governor

AB 833 (Ortiz-D) Gynecological cancers

Requires the State Department of Health Services to place priority on providing information about women's gynecological cancers to consumers, patients and health care providers, contingent upon receiving funds for this purpose.

Chapter 754, Statutes of 1997

AB 933 (Figueroa-D) Child day care facilities: juvenile court records

Requires criminal background checks of minors over 10 years of age who reside or provide care and supervision in child care facilities.

(In Assembly Human Services Committee)

AB 1554 (Ortiz-D) Cancer: research

Creates the Cancer Research Fund and appropriates $2 million to the fund. Also creates the 15-member Cancer Research Council.

Double-joined with SB 273 (Burton), which provides for the establishment of the Cancer Research Program.

Chapter 755, Statutes of 1997

ACR 76 (Wayne-D) Breast Cancer

Designates the month of October as Breast Cancer Awareness Month.

Resolution Chapter 128, Statutes of 1997

AJR 25 (Baca-D) Breast cancer research

Asks Congress and the President to enact legislation enabling postal stamp patrons to voluntarily donate the one-cent-per-stamp supplemental breast cancer research.

Resolution Chapter 84, Statutes of 1997

AJR 37 (Ortiz-D) Ovarian cancer research

Urges the President and Congress to support House Bill No. 953 by Representative Patsy Mink, the Ovarian Cancer Research and Information Amendments of 1997.

Resolution Chapter 130, Statutes of 1997

Developmentally Disabled

SB 381 (Watson-D) Adult residential care facilities

Changes certification requirements for administrators of adult residential care facilities and residential care facilities for the elderly.

Chapter 555, Statutes of 1997

SB 391* (Solis-D) Health

Establishes statutory requirements and guidance for the State Department of Developmental Services (DDS) to contract for tracking and monitoring the well-being of individuals with developmental disabilities who move from developmental centers into the community. Requires DDS to contract with a nonprofit organization to provide client rights advocacy services. Requires DDS to contract on a multi-year basis for quality of life assessments of individuals with developmental disabilities living in the community.

Chapter 294, Statutes of 1997

SB 1038 (Thompson-D) Community living facilities for developmentally disabled

Requires the State Department of Developmental Services (DDS) to conduct a comprehensive evaluation of the Adult Residential Model process and the extent to which the rate formula accomplishes specified goals. Requires DDS to convene an advisory group to assist in the evaluation and to submit a report to the Legislature by January 31, 1999.

(In Assembly Human Services Committee)

SB 1039* (Thompson-D) Disabilities: regional centers

Modifies the process of assessing and moving residents of developmental centers into community settings, modifies requirements of the State Department of Developmental Services and the regional centers, and makes technical changes.

Chapter 414, Statutes of 1997

AB 244 (Aguiar-R) Developmentally disabled adults

Requires the State Department of Developmental Services to establish a pilot project in the Inland Regional Center in which the regional center would reimburse parents of developmentally disabled adults for supportive living services. Sunsets January 1, 2001.

(In Senate Appropriations Committee)

AB 715 (Figueroa-D) Habilitation services

Changes rate-setting procedures for reimbursement to providers of supported employment services under the Habilitation Services program, and repeals the January 1, 1999 sunset date.

(On Senate Inactive File)

AB 1320 (Bordonaro-R) Developmentally disabled

Modifies the Habilitation Services program for developmentally disabled individuals, and alters the funding of independent living centers.

Chapter 749, Statutes of 1997

AB 1543 (Assembly Human Services Committee) Developmentally disabled: regional centers

Revises provisions of current law regarding the delivery of services to persons with developmental disablities through regional centers to, among other things, require regional centers to submit an annual report to the State Department of Developmental Services, require notice of the public hearing to contain specified information, and prohibit the department from delegating its authority to review and approve these proposals. Extends the operation of this program to January 1, 2000.

Chapter 474, Statutes of 1997

Health Professionals

SB 1* (Burton-D) Health: prostate cancer

Establishes the Grant H. Kenyon Prostate Cancer Detection Act, and requires physicians to provide information to their patients who are having their prostate examined about the availability of diagnostic procedures, including the prostate specific antigen test, under certain conditions.

Chapter 11, Statutes of 1997

SB 80 (Kopp-I) Veterinary medicine: euthanasia

Authorizes the registration of registered Veterinary Technicians, who are employed by specified organizations, to obtain and use sodium pentobarbital without the supervision or authority of a licensed veterinarian to euthanize animals. Permits the Veterinary Medical Board to adopt regulations, as specified.

Chapter 380, Statutes of 1997

SB 114 (Johnson-R) Pharmacy: dialysis

Revises statutory provisions regarding distribution of "hemodialysis" supplies, to instead apply to "dialysis" supplies. Adds optometrists to the list of health care providers upon whose prescription a person may furnish a dangerous drug or device.

Chapter 308, Statutes of 1997

SB 288 (Haynes-R) Healing arts: social workers

Eliminates the oral component of the licensing examination for Licensed Clinical Social Workers.

(In Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

SB 324 (Rosenthal-D) Medicine: physicians and surgeons

Requires a California medical license of anyone who makes a decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription. Becomes operative only if SB 557 (Leslie-R) is enacted and takes effect by January 1, 1998.

(In Assembly Appropriations Committee)

SB 385 (Johnson-R) Medicine: disciplinary proceedings

Permits the inspection of specified documents in the record of any disciplinary proceeding of a licentiate by the Medical Board of California, the Osteopathic Medical Board of California and the State Board of Dental Examiners without an administrative subpoena.

(In Assembly Health Committee)

SB 440 (Maddy-R) Pharmacy: home health agencies: adjusting drug regimen

Authorizes pharmacists to provide services as part of the care provided by "home health agencies," including the adjustment of a patient's drug regimen, under specified conditions.

(In Assembly Health Committee)

SB 446 (Knight-R) Volunteer physicians and surgeons: immunity from liability

Provides a qualified immunity from civil liability to licensed or retired volunteer doctors who provide specified medical services at emergency shelters or at transitional housing in a negligent manner.

Applies immunity to services such as general medical examinations, examination for communicable diseases, sports health screening for school and extracurricular activities, children's physical examinations, immunizations, tuberculosis testing, primary care type screening, treatment of minor medical illness and soft tissue injuries, and the provision of first aid treatment.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 461 (Karnette-D) Optometry: unprofessional conduct

Allows the State Board of Optometry to require certain persons to take a professional competency exam if there is good cause to believe that the licensee is unable to practice optometry with reasonable skill. Requires training for optometrists to learn how to detect child abuse and alcoholism and other chemical substance dependencies. Provides definitions of unprofessional conduct, and authorizes imposition of $500 civil penalty for altering or modifying medical records.

Chapter 556, Statutes of 1997

SB 497 (Brulte-R) Health care service plans: optometrists

Prohibits health care service plans from requiring optometrists certified to use therapeutic agents to register under the federal Controlled Substances Act of 1970.

Chapter 120, Statutes of 1997

SB 518 (Monteith-R) Hemodialysis technician training program

Expands the institutions that may be certified to offer hemodialysis technician training programs to include accredited colleges and universities and private entities.

Chapter 122, Statutes of 1997

SB 557 (Leslie-R) Healing arts

Makes it unlawful for any person to make a decision regarding the necessity or appropriateness to any dental diagnosis, treatment, operation or prescription unless the person has a valid, unexpired license or special permit from the State Board of Dental Examiners. States that such decisions constitute the practice of dentistry. Becomes operative only if SB 234 (Rosenthal-D) is enacted and takes effect by January 1, 1998.

(In Assembly Appropriations Committee)

SB 571 (Wright-R) Radiologic technology: venipuncture

Authorizes radiologic technologists with certified additional training to perform venipuncture in an upper extremity to administer contrast materials.

Chaper 384, Statutes of 1997

SB 650 (Lewis-R) Marriage, family, and child counselors and social workers

Authorizes additional clinical settings in which marriage, family and child counselors (MFCC) may receive the clinical training required for licensing and extends, by 1 year, the date by which currently-licensed MFCC's and social workers must complete 36 hours of continuing education.

Chapter 196, Statutes of 1997

SB 694 (Polanco-D) Psychology

Authorizes certified psychologists to prescribe medication.

(In Senate Business and Professions Committee)

SB 713 (Rosenthal-D) Dentistry: dental auxiliaries

Makes various changes to existing law relating to the Committee on Dental Auxiliaries, including the composition of the committee.

Chapter 539, Statutes of 1997

SB 826 (Greene-D) Dentistry

Extends the sunset date for the Board of Dental Examiners of California and the Committee on Dental Auxiliaries to July 1, 2002. Specifies the responsibilities of the committee and requires that the Director of Consumer Affairs designate 7 peace officers assigned to the investigation unit of the Board of Examiners.

Chapter 704, Statutes of 1997

SB 827 (Greene-D) Professional licensing: boards

Extends the sunset date of the following boards:

1. Board of Registered Nursing
2. Board of Vocational Nurse and Psychiatric Technician Examiners, changing the composition of the board.
3. Board of Pharmacy, adding 1 public member.
4. Board of Architectural Examiners, adding 1 member, and extending immunity from liability when providing services at the scene of a flood, riot, or fire that is a declared emergency.
5. Veterinary Medical Board, adding 1 public member.
6. Structural Pest Control Board.

Requires the State Department of Consumer Affairs to submit to the Legislature, by October 1, 1998, a report on the extent to which boards are using cost recovery and cite and fine programs.

Chapter 759, Statutes of 1997

SB 829 (Greene-D) Board of Pharmacy

Establishes a 5-year pilot project to permit the State Board of Pharmacy to hire in-house legal counsel to handle a portion of the board's disciplinary cases.

(Failed passage on Senate Floor)

SB 833 (Rosenthal-D) Physical therapy: students

Clarifies that physical therapist or physical therapist assistant students who are regularly matriculated in an approved educational program or related clinical training program may perform physical therapy as part of their course of study.

Chapter 213, Statutes of 1997

SB 863 (Lee-D) Acupuncture

Specifies that nothing in the Acupuncture Licensing Act shall be construed to prevent the practice of acupuncture by a licensed physician and surgeon, if the licensee has received a course of instruction in acupuncture.

Renames the Acupuncture Committee as the Acupuncture Board.

(In Senate Business and Professions Committee)

SB 891 (Watson-D) Physio-technology

Provides for the regulation of physio-technologists and physio-technologist assistants by the newly created California Physio-Technology Licensure Commission within the Division of Medical Quality of the Medical Board of California. Establishes the Physio-Technology Fund, and prescribes certain licensure fees for deposit in the fund.

(In Senate Business and Professions Committee)

SB 922 (Thompson-D) Telemedicine

Makes several changes to current law related to "telemedicine," including authorizing the patient's legal representative to provide consent for telemedicine services.

Chapter 199, Statutes of 1997

SB 945 (Wright-R) Health

Requires nurse assistants or home health aide candidates for training to submit fingerprint cards with the training and exam application and prior to direct contact with residents. Adds to the list of offenses that exclude a person from training or certification as a nurse assistant or home health aid. Authorizes a contract between the State Department of Justice and the State Department of Health Services to share the cost for access to the California Law Enforcement Telecommunications System.

Chapter 558, Statutes of 1997

SB 958 (Hughes-D) Behavior analysis

Creates the Behavior Analysts Certification Act to certify behavior analysts, associate behavior analysts and behavior technicians.

(In Senate Business and Professions Committee)

SB 1014 (Brulte-R) Dentistry: dental auxiliaries

Generally requires, with specified exceptions, that a dentist examine, complete a medical and dental history of, and diagnose and develop a treatment plan for, every "new" patient before treating the patient for the first time.

Chapter 752, Statutes of 1997

SB 1017 (Leslie-R) Medicine

Provides that the Medical Board of California is the only licensing board authorized to investigate or commence specified disciplinary actions relating to physicians.

Chapter 200, Statutes of 1997

SB 1094 (Schiff-D) Medicine: employment of physicians and surgeons

Provides an exemption to the Medical Practice Act, permitting limited employment of physicians in order to encourage and support medical research.

Chapter 673, Statutes of 1997

SB 1125 (Alpert-D) Health Manpower Plan

Revises reporting requirements, under which certain health facilities that operate as a group are permitted to submit a group report, by prohibiting nursing staff data from being reported as a group; applies this provision to facilities that receive a preponderance of revenue from health care service plans, as specified. Adds registered dental assistants to an Office of Statewide Health Planning and Development Health Manpower study determining the adequacy of the current supply of health professionals.

(On Assembly Inactive File)

SB 1243 (Hughes-D) Dentistry

Increases the maximum allowable fee limit the Board of Dental Examiners can charge for various licenses. Extends, for 1 year, the sunset repeal date on the 4-attempt limit for international dental candidate passage of the restorative techniques examination, and the deadline for submission of a report by the board on the status of international dental candidates who take the restorative techniques examination.

Chapter 791, Statutes of 1997

SB 1255 (Polanco-D) Health care: payment of claims

Authorizes health providers to grant discounts to persons without HMO, health insurance or Medi-Cal coverage, and provides that such discounted rates shall not be deemed to be the usual and customary rate, nor the lowest payment rate for other contracting purposes with HMO's and insurers. Applies to a provider contract that is issued, amended, or renewed on or after January 1, 1998.

(On Senate Inactive File)

SB 1295 (Maddy-R) Patient access to health records

Includes licensed marriage, family and child counselors and licensed clinical social workers in the class of mental health professionals who may review patient mental health records when the health care provider determines that release of the records to the patient will be detrimental to the patient.

Chapter 388, Statutes of 1997

SB 1331 (Knight-R) Hemodialysis technician training program

Revises hemodialysis training and testing requirements.

(In Senate Business and Professions Committee)

SB 1346 (Senate Business and Professions Committee) Professions and vocations

Makes technical and clean-up changes to the laws governing the professional boards in the State Department of Consumer Affairs. Authorizes department boards to obtain fingerprint and criminal history records from the Federal Bureau of Investigation.

Chapter 758, Statutes of 1997

SB 1347 (Senate Business and Professions Committee) Healing arts

A healing arts omnibus measure relating to podiatric medicine, perfusionists, optometry and recreation therapists.

Chapter 677, Statutes of 1997

SB 1349 (Senate Business and Professions Committee) Pharmacy Law

An omnibus bill to clarify and update provisions of the recently reorganized Pharmacy Act and to strengthen the Pharmacy Board's enforcement efforts. Major substantive changes include the registration requirement and related fees for management firms, the registration requirement for non-resident medical device retailers, the increased recordkeeping requirements and related penalties, the limit on retaking of the pharmacy license exam, the expansion of the board's authority to issue probationary licenses to all license categories, cancellation of un-renewed licenses (except pharmacists' licenses) after 60 days, and the expansion of a pharmacist's authority to refill a prescription in emergencies and to provide patient consultation and clinical advice.

Chapter 549, Statutes of 1997

SCR 23 (Polanco-D) Minority enrollment in medical schools

Requests the University of California to provide specified information on ethnic minority enrollment in its medical schools. Also requests the California Postsecondary Education Commission, to the extent sufficient non-state funds are available, to (1) prepare recommendations for innovative strategies and incentive programs to encourage physicians and other health care professionals to practice in geographic areas where health needs are underserved, and (2) report its findings to the Legislature and the Governor by June 30, 1998.

Resolution Chapter 103, Statutes of 1997

AB 90 (Cunneen-R) Registered nurses: clinical nurse specialists

Prohibits any person from holding himself or herself out as a "clinical nurse specialist" unless he or she is licensed by the State Board of Registered Nursing and meets specified standards established by the board. Becomes operative on July 1, 1998.

Chapter 159, Statutes of 1997

AB 103 (Figueroa-D) Physicians and surgeons: professional reporting

Removes the $30,000 threshold above which certain professional liability judgments or arbitration awards have to be reported to the Medical Board of California. Requires the board to post certain information on the Internet.

Chapter 359, Statutes of 1997

AB 150 (Alby-R) Chiropractors

Designates chiropractors as independent contractors for the purpose of Unemployment Insurance.

Chapter 39, Statutes of 1997

AB 174 (Napolitano-D) Healing arts: acupuncture

Makes supervision of unlicensed practice of acupuncture unprofessional conduct for specified licensed health care professionals, and makes the supervision of the actual performance of unlicensed practice of acupuncture both unprofessional conduct and a misdemeanor for specified licensed health care practitioners.

Chapter 400, Statutes of 1997

AB 219* (Alby-R) Health care

Creates a temporary approval process to allow a successor agency to a previously qualified medical accrediting agency that was operating prior to January 1, 1995 to continue operating as a medical accrediting agency until January 1, 1998.

Chapter 769, Statutes of 1997

AB 250 (Kuehl-D) Liability: health care providers

Increases the cap across the board to $700,000, and creates 5 exceptions to the higher cap on "pain and suffering" damages.

(On Assembly Inactive File)

AB 255 (Thomson-D) Prescription lenses: spectacles

Statutorily requires all spectacle lens prescriptions to include certain information, including an expiration date; and prohibits the dispensing after its expiration date of a spectacle lens prescription that lacks the required information.

(On Assembly Inactive File)

AB 276 (Woods-R) Hypnotherapists: Hypnotherapist Practices Act

Establishes the Hypnotherpist Practices Act to set standards for the qualifications and experience for persons practicing hypnotherapy.

(In Assembly Health Committee)

AB 348 (Cunneen-R) Dentistry: dental corporations

Repeals the requirement that dental corporations register with, and provide information and pay-related fees, to the State Board of Dental Examiners.

Chapter 168, Statutes of 1997

AB 404 (Gallegos-D) Optometry

Allows an optometrist to advertise that his or her practice is limited to a specific area of optometry.

(On Senate Inactive File)

AB 410 (Gallegos-D) Sales and use taxes: partial exemptions: acupuncturists

Extends a partial sales and use tax exemption to herbs, herbal formula or preparations, vitamins, dietary supplements, orthotic devices, and drugless substances that are used or furnished by acupuncturists in the performance of their services.

(In Senate Appropriations Committee)

AB 434 (Gallegos-D) Managed care organizations: participation

Requires "managed care organizations" to provide health care providers with a reason for contract termination or non-renewal, and to provide an opportunity for binding arbitration related to the termination or non-renewal.

(In Senate Insurance Committee)

AB 460 (House-R) Veterinary medicine: licensure

Sets forth special provisions for obtaining a license to practice veterinary medicine in the commercial poultry industry.

Chapter 895, Statutes of 1997

AB 471 (Cardoza-D) Dentistry: Board of Dental Examiners

Prohibits any of the 4 public members of the State Board of Dental Examiners from having engaged in the practice of dentistry, dental hygiene or dental assisting.

(In Senate Business and Professions Committee)

AB 515 (Ashburn-R) Psychiatric technicians

Authorizes psychiatric technicians (PT) to perform the following treatments on a patient with a mental illness or development disability, when prescribed by a physician: the administration of medications by hypodermic injection, the drawing of blood, and the performance of specified skin tests and immunization techniques.

Establishes a $20 certification fee for PT's who are authorized to draw blood, and a $150 biennial fee for providers of courses to meet certification requirements for blood withdrawal.

Chapter 720, Statutes of 1997

AB 523 (Lempert-D) Physicians and surgeons: special faculty permits

Establishes a special faculty permit to allow for the practice of medicine by "academically eminent" medical professors.

Chapter 332, Statutes of 1997

AB 560 (Perata-D) Registered dental hygienist in alternative practice

Provides for the creation of a new category of dental auxiliary known as Registered Dental Hygienist in Alternative Practice.

Chapter 753, Statutes of 1997

AB 563 (Prenter-R) Physicians and surgeons: licensure

Provides for automatic suspension of a physician's California medical license when an outright suspension or revocation of his or her license to practice medicine in another state or granted by the federal government has occurred and been reported to the National Practitioners Data Bank, except under specified circumstances.

Chapter 514, Statutes of 1997

AB 610 (Margett-D) Marijuana

Makes protections under the Compassionate Use Act of 1996 applicable only if the patient, or the patient's primary caregiver, is in possession of a written prescription at the time of arrest for possession or cultivation of marijuana. Authorizes marijuana for medical purposes to be grown only through a grower licensed by the State Department of Food and Agriculture. Requires a supplier of marijuana to be licensed by the State Board of Pharmacy, requires a distributor to complete a prescribed course, and requires the sale and distribution of marijuana to be through a licensed pharmacist.

(In Assembly Health Committee)

AB 695 (Kuehl-D) Health facilities: nursing staff

Requires general acute care hospitals, acute psychiatric hospitals and special hospitals to provide minimum nurse-to-patient ratios based on the patient's treatment unit. Prohibits these hospitals from assigning unlicensed personnel to perform nursing functions in lieu of a registered nurse, or from allowing unlicensed personnnel to perform certain functions, including administration of medication, venipuncture or sterile procedures.

(On Assembly Inactive File)

AB 745 (Thompson-R) Outpatient settings: general anesthesia

Permits general anesthesia to be administered by a physician and surgeon in the office of a licensed dentist, whether or not the dentist has been certified to perform general anesthesia, if the licensed physician and surgeon holds a valid permit issued by the Board of Dental Examiners of California.

(In Senate Business and Professions Committee)

AB 794 (Figueroa-D) Health care

Stipulates that any appropriately California-licensed healing arts professional may make "medical necessity or appropriateness" decisions that are within the scope of practice of the licensed professional making the decision. Requires HMO's and health insurers to disclose the process and criteria they use to authorize or deny care, and requires a patient physical exam before an HMO or insurer could deny recommended care for patients facing grave health risks.

Vetoed by the Governor

AB 823 (Papan-D) Health care

1. Prohibits any person from making any decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription unless he or she is licensed to practice medicine in California, and provides that this prohibition does not restrict other licensed health care professionals from making decisions within their scope of practice.
2. Specifically states that making any decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription constitutes the practice of medicine.
3. Creates a new crime by providing that any person making a "medical necessity or appropriateness" decision without being a California-licensed physician is guilty of a misdemeanor, and that any remedy provided pursuant to existing law does not preclude anyone from seeking other lawful remedies.

(In Senate Appropriations Committee)

AB 839 (Thomson-D) Veterinary medicine

1. Creates an advisory committee known as the Registered Veterinary Technician Committee to advise on issues pertaining to the practice of veterinary technicians.
2. Eliminates the Registered Veterinary Technicians Examining Committee Fund, and transfers all unappropriated funds and revenues to the Veterinary Medical Board Contingent Fund.
3. Establishes an examination filing fee of up to $100 for veterinary applicants.
4. Makes other technical amendments to veterinary law.

Chapter 642, Statutes of 1997

AB 892 (Escutia-D) Nurses

Extends indefinitely the State Board of Nursing authorization for a $5 biennial licensure renewal fee. Restricts participation in the Minority Health Professions Education Foundation and the Registered Nurse Education Program to those who agree, in writing, to serve in eligible county health facilities or health manpower shortage areas. Requires the Foundation, when developing the Nurse Education Program, to solicit advice of representatives who reflect the demographic diversity of California.

(Action rescinded whereby the Assembly concurred in Senate amendments; ordered returned to the Senate)

AB 949 (Ducheny-D) Social workers

Restricts the use of the title "social worker" to those receiving a degree in social work from an accredited school.

(In Conference Committee)

AB 1051 (Martinez-D) Deaf or hearing impaired individuals

Authorizes a licensed hearing aid dispenser to certify the need of an individual to participate in the program to facilitate the use of telephone service by the deaf or hearing-impaired through the provision of appropriate telephone equipment if that individual has been previously fitted with an amplified device by the dispenser and the dispenser has the individual's hearing records on file prior to certification. Declares legislative intent that the bill's provisions shall not increase the surcharge to fund the program.

(In Senate Energy, Utilities and Communications Committee)

AB 1079 (Cardoza-D) Physicians and surgeons

Authorizes a medical school graduate to practice medicine without licensure as part of a training program for a maximum of 3 years. Increases the postgraduate training requirement from 1 to 2 years for applicants who graduate as of January 1, 2003. Requires foreign medical graduates to receive their medical certificate by the completion of the graduates' third year of postgraduate education, instead of the existing 2- year requirement.

(In Senate Business and Professions Committee)

AB 1116 (Keeley-D) Dentistry: foreign dental school graduates

Eliminates the Restorative Technique exam for foreign dental school graduates as of January 1, 2003 and, until that time, permits foreign graduates to attempt the exam 4 times, instead of 3 times, before being required to complete specified additional coursework.

Chapter 792, Statutes of 1997

AB 1220 (Migden-D) Negligence: health care: noneconomic damages

Provides that the $250,000 limitation on the amount of damages for non-economic losses that the injured plaintiff is entitled to recover in an action for injury against a health care provider based on professional negligence shall not apply when the trier of the fact finds that the health care provider took or failed to take certain specified actions.

(In Assembly Judiciary Committee)

AB 1245 (Martinez-D) Hearing aid dispensers

Explicitly authorizes testing of hearing by hearing aid dispensers under specified conditions.

Chapter 807, Statutes of 1997

AB 1333 (Martinez-D) Health care: prescription drugs

Generally authorizes HMO's and health insurance medical providers to prescribe any drug approved by the Federal Drug Administration if the appropriate drugs on the HMO or insurer's formulary have been prescribed and have been successful in treating the patient's medical condition.

(In Senate Insurance Committee)

AB 1555 (Assembly Health Committee) Physicians and surgeons

1. Deletes the requirement that foreign "guest physicians" at a medical school be board certified or board eligible.
2. Expands the authority for out-of-state physicians to practice medicine in California at the invitation of the World Cup, to be applicable to more than just the XV World Cup.
3. Revises the reciprocal issuance of medical licenses to physicians licensed in another state or Canadian province.
4. Allows license applicants who have failed the oral or written licensure exam more than twice to take their required remedial training in an approved postgraduate program, as well as in an approved medical school program.
5. Provides that the fee for a duplicate fictitious name permit shall not exceed the cost of processing, up to $50 maximum.

Chapter 654, Statutes of 1997

AB 1556 (Assembly Health Committee) Podiatric medicine

Conforms the diversion program of the Board of Podiatric Medicine for doctors of podiatric medicine to that of the Medical Board for physicians, and updates the curriculum required for podiatry medical schools approved by the Board of Podiatric Medicine.

Chapter 655, Statutes of 1997

Medi-Cal

SB 34* (Vasconcellos-D) Medi-Cal

Provides for Medi-Cal prenatal and obstetric care to undocumented non-resident aliens.

(On Senate Third Reading File)

SB 213 (Kopp-I) Medi-Cal: case management

Ends the requirement that local government entities contribute to the Medi-Cal program 1/3 of the federal funds received under Medi-Cal Administrative Activities and Targeted Case Management programs, up to a statewide total of $20 million. Specifies that each participating county retains the funds that otherwise would have been contributed to Medi-Cal, and is required to account for them as revenue, and to annually report this revenue, expenditures and other information to the State Department of Health Services.

(In Senate Appropriations Committee)

SB 229 (Johnston-D) Federally qualified health centers

Extends and modifies statutory arrangements for the sharing of risk between the Medi-Cal program and local initiative plans in Medi-Cal managed care for the costs of services provided by federally qualified health centers to local initiative enrollees. Continues through September 2000 and is extended to all local initiatives.

Chapter 188, Statutes of 1997

SB 267 (Maddy-R) Medi-Cal: disproportionate share hospitals

Reduces the time permitted the State Department of Health Services to determine refund amounts left in the Medi-Cal Disproportionate Share Hospital fund for transferring entities from 90 to 60 days, and reduces the time permitted to return such funds from 45 to 30 days.

(In Senate Appropriations Committee)

SB 306 (Haynes-R) Medi-Cal

Adds the review of reimbursement levels for optometry services to the existing required annual review of Medi-Cal reimbursement levels for physician and dental services.

Vetoed by the Governor

SB 392 (Rosenthal-D) Health care coverage: termination of Medi-Cal coverage

Authorizes an eligible employee or the dependent of an enrolled eligible employee receiving small group health coverage, who has lost or will lose Medi-Cal, to enroll for health coverage after the initial enrollment period.

Chapter 581, Statutes of 1997

SB 415 (Haynes-R) Medi-Cal: disproportionate share hospitals

Includes "transitional inpatient days" in the definition of "annualized Medi-Cal inpatient days" in existing law pertaining to the Medi-Cal Disproportionate Share Hospital Payment Adjustment Program.

(In Senate Appropriations Committee)

SB 462 (Rosenthal-D) Clinical tests: Medi-Cal

Requires Medi-Cal to reimburse physicians for the cost of HIV tests, including laboratory services. Prohibits the reimbursement rate from being less than the amount currently paid to laboratories, plus the physician's charges for sample collection.

(In Senate Appropriations Committee)

SB 592 (Brulte-R) Medi-Cal: ambulance transportation services

Increases the rates paid for paramedic/ambulance services by linking Medi-Cal reimbursement to Medicare rates.

(In Senate Appropriations Committee)

SB 782 (Costa-D) Disproportionate share hospitals: capital projects

Authorizes a hospital that is a surviving entity of an agreement between a county and a California nonprofit public benefit corporation to qualify for supplemental reimbursement under the State Hospital Construction and Renovation Reimbursement Program if certain conditions are met.

Vetoed by the Governor

SB 809* (Johnston-D) Benefits: aged, blind, and disabled persons

Revises the eligibility for personal care services under the Medi-Cal program to include any other category that would be eligible for the full scope of Medi-Cal benefits without a share of cost or any person eligible under the medicaid program but for the provisions of federal law.

(In Senate Health and Human Services Committee)

SB 852 (Kelley-R) Medi-Cal: disproportionate share hospitals

Requires the State Department of Health Services to ensure that inpatient days in the provision of transitional care services are included in the payment adjustment program in the same fashion as all other Medi-Cal days of acute inpatient hospital service, as payable days under the payment adjustment program and in the total annualized Medi-Cal inpatient days. Authorizes each eligible disproportionate share hospital that remains in operation as of June 30, 1998 to receive a supplemental lump-sum payment adjustment.

(In Senate Appropriations Committee)

SB 892 (Watson-D) Medi-Cal: public hospitals

Requires private managed care service plans or prepaid health plans which contract to provide Medi-Cal services to offer to contract with public hospitals in the plan's service area.

(In Senate Insurance Committee)

SB 903 (Lee-D) Children's health care coverage

Provides that for purposes of Medi-Cal eligibility and to the extent that federal financial participation is available, the State Department of Health Services (DHS) shall disregard all family income up to 100% of the federal income poverty level for the size of the family and adopt a birth date so that the age requirement is met for those who have not yet attained 19 years of age. Provides for 1 month of additional Medi-Cal eligibility for children in certain circumstances. Requires DHS to implement a simplified application package for children and pregnant women and infants, and to adopt a federal option to waive the use of a resource standard for determining the eligibility of pregnant women and children.

Chapter 624, Statutes of 1997

SB 915 (Haynes-R) Medi-Cal: prepaid health plans

Prohibits the State Department of Health Services from approving or renewing a contract with a prepaid health plan on or after January 1, 1998, unless the prepaid health plan is required to process, at the discretion of the provider, either paper hard copy or electronically prepared and submitted claims for Medi-Cal covered out-of-plan emergency care services and services necessary following an emergency. Allows the department to exempt any plans from the requirement for good cause.

(On Assembly Inactive File)

SB 942 (Solis-D) Long-term care reimbursement rates

Requires the State Department of Health Services to increase rate payments for various facilities under the Medi-Cal program to maintain reasonable wage differentials for employees earning wages above minimum wage levels and appropriates $12.2 million from the General Fund for that purpose.

(In Senate Appropriations Committee)

SB 983 (Lee-D) Medi-Cal: CCS-eligible children

Requires the State Department of Health Services to initiate at least 1 pilot program examining the transition of California Children's Services children into managed care systems.

(In Assembly Health Committee)

SB 1009 (Vasconcellos-D) Medi-Cal: safety net provider reimbursement

Requires the Medi-Cal local initiatives, commercial plans, county organized health systems, and geographic managed care organizations, to consider the protection of safety net services in rate negotiations with providers.

Vetoed by the Governor

SB 1030 (Polanco-D) Medi-Cal

Extends transitional Medi-Cal eligibility an additional 12 months for those persons whose family income does not exceed 250% of the federal poverty level. Imposes share-of-cost requirements for families with incomes in excess of 185% of the federal poverty level.

(In Senate Appropriations Committee)

SB 1032 (Polanco-D) Vision care

Applies to Medi-Cal managed care plans the general prohibition against prohibiting an eligible person from selecting either an optometrist or physician and surgeon operating within their scope of license to render vision services.

(In Assembly Health Committee)

SB 1036 (Polanco-D) Medi-Cal

Provides that any child eligible to receive full-scope Medi-Cal benefits shall remain eligible for a period of no less than 12 months, subject to the availability of federal financial participation.

(In Assembly Appropriations Committee)

SB 1099 (Solis-D) Medi-Cal disproportionate share hospitals: capital projects

Extends, for Los Angeles County only, the Medi-Cal hospital construction capital debt program by permitting the LAC-USC Medical Center to submit a revised capital project plan not later than December 31, 2000. Limits Medi-Cal reimbursement for revised project cost to the level of what it would have been were the original project to have been built without changes.

(In Assembly Appropriations Committee)

SB 1140 (Senate Health and Human Services Committee) Medi-Cal

Requires the provision of non-emergency Medi-Cal services to legal immigrants who arrive in the United States after August 22, 1996, continues the state-only program of prenatal care to illegal immigrants and continues the state-only program of long-term care for illegal immigrants.

(In Assembly Appropriations Committee)

SB 1147* (Senate Health and Human Services Committee) Medi-Cal

Subject to the availability of federal financial participation in its costs, requires the State Department of Health Services to provide Medi-Cal benefits without a share of cost to persons (1) who would be eligible for SSI/SSP, but choose not to receive it or (2) who would be eligible for SSI/SSP but are now excluded from it due to their status as legal immigrants per recent changes in federal law.

(In Assembly Appropriations Committee)

SB 1194 (Rosenthal-D) Medi-Cal: contracts for services and case management

Extends to "commercial" health plans serving Medi-Cal patients the current requirement of Medi-Cal "local initiatives" to offer a subcontract to federally qualified health centers, and requires certain Medi-Cal contractors to assign Medi-Cal beneficiaries who do not choose a primary care provider to safety net clinics, as defined.

(In Assembly Health Committee)

SB 1256* (Polanco-D) Medi-Cal disproportionate share hospitals

Reduces to $1 million the $228 million transfer of funds required of public disproportionate providers participating in the special payment program for disproportionate share Medi-Cal hospitals.

(In Senate Appropriations Committee)

SB 1299 (Watson-D) Medi-Cal

Provides for an equivalent group of health centers to be represented on the Los Angeles Care Health Plan's governing commission, should the status of federally qualified health centers no longer exist.

Chapter 676, Statutes of 1997

SCR 4 (Burton-D) Medi-Cal: smoking-related diseases

Requests the State Attorney General to bring suit against all tobacco companies to seek reimbursement for costs incurred by the Medi-Cal program for treating persons afflicted with smoking-related diseases.

Resolution Chapter 14, Statutes of 1997

AB 67* (Escutia-D) Social services

Among other provisions, extends, until July 1, 2002, the personal care option services under the Medi-Cal program and extends eligibility for those services to persons who would be eligible but for federal welfare reform law.

Chapter 606, Statutes of 1997

Similar legislation was AB 1153 (Escutia-D) which was vetoed by the Governor.

AB 106 (Napolitano-D) Medi-Cal: substance abuse

Creates a state-only program to extend Medi-Cal eligibility to substance abusing women in treatment who lose custody of their children and, therefore, lose their linkage to Aid to Families with Dependent Children.

(In Assembly Appropriations Committee)

AB 112 (Escutia-D) Health care services

States legislative intent to expand Medi-Cal eligibility to cover uninsured, poor children.

(In Conference)

AB 147 (Prenter-R) Disproportionate share payments: Good Samaritan Hospital

1. Requires the State Department of Health Services (DHS) to recalculate the 1993 payment limitation for the 1995-96 disproportionate share hospital payment period for Good Samaritan Hospital in Bakersfield, as specified.
2. Requires the recalculated amount to be retained by the department as a compromise for any disputed discrepancies for all related prior DHS payment periods between the department and Good Samaritan Hospital.

(In Assembly Appropriations Committee)

AB 193 (Murray-D) Medi-Cal: health plans: solicitation of beneficiaries

Requires information provided to Medi-Cal enrollees selecting a prepaid health plan to be listed, as specified. Requires the enrollment contractor to assign Medi-Cal enrollees to plans which contract with their prior primary care provider or clinic, as specified, and requires plans to assign beneficiaries to prior providers or clinics if a choice of provider has not been made.

Vetoed by the Governor

AB 214* (Thomson-D) Medi-Cal managed care plans: prescribed drugs

Requires managed care plans covering prescription drugs that contract with the State Department of Health Services to provide Medi-Cal health services to utilize a prior authorization process which includes a response within 24 hours or 1 business day to a request for prior authorization made by telephone or other telecommunication device, and the dispensing of at least a 72-hour supply of a covered outpatient drug in an emergency situation. Requires these same managed care plans to permit a Medi-Cal enrollee to continue using a "single-source" drug which is part of a therapy prescribed prior to enrollment, whether or not the drug is covered by the plan, until the prescribed therapy is no longer prescribed by the contracting physician.

(On Senate Inactive File)

AB 217 (Figueroa-D) Medi-Cal

Makes a technical clarifying change to the language in the conference report on SB 903. Updates the reference to federal law provisions to conform to recent changes made by the federal Balanced Budget Act. These federal law references relate to the provisions of SB 903 that increase Medi-Cal eligibility thresholds to 100% of the federal poverty level for all children under 19.

Chapter 626, Statutes of 1997

AB 426 (Gallegos-D) Medi-Cal: managed care

Requires testing of Medi-Cal managed care enrollment material; requires the enrollment contractor to take all reasonable steps to contract with community organizations; and requires the State Department of Health Services to develop enrollment contractor performance standards.

(On Senate Inactive File)

AB 501 (Migden-D) Medi-Cal

Requires the State Department of Health Services to implement federal law 105-33, relating to medicaid benefits, with all deliberate speed and to ensure that no child who received Medi-Cal benefits on August 22, 1996, is denied Medi-Cal benefits as result of the enactment of federal welfare reform. Specifies that any child under 18 years of age, who retains or is restored to Medi-Cal eligibility under Public Law 105-33, shall receive benefits as a categorically needy individual on the basis of eligibility under the state Supplementary Program for the Aged, Blind, and Disabled.

Vetoed by the Governor

AB 534 (Thomson-D) Health care

States legislative intent to cover more children through the Medi-Cal program and create a Medi-Assist program for low-income employees and dependents to provide a basic benefit package.

(In Conference)

AB 537 (Firestone-R) Medi-Cal

Changes the methodology used by the State Department of Health Services to compute the Medi-Cal rates of reimbursement for inpatient services for hospitals contracting with the Santa Barbara Regional Health Authority. The reimbursement rates affected by this measure are those paid directly by Medi-Cal to the hospitals for beneficiaries not receiving services through the authority.

(In Assembly Appropriations Committee)

AB 545 (Gallegos-D) Medi-Cal: managed care

Establishes disenrollment procedures for Medi-Cal beneficiaries enrolled in managed care.

Vetoed by the Governor

AB 549 (Wildman-D) Postsecondary education institutions: health services

Adds community college districts, a California State University campus, or a University of California campus to the definition of "local educational agency" as a provider of services for the purpose of seeking federal Medi-Cal funds.

Chapter 883, Statutes of 1997

AB 659 (Miller-R) Medi-Cal: drugs

Adds any federal Food and Drug Administration approved drug for the treatment of psychosis and psychotic disorders to the Medi-Cal list of contract drugs, as specified.

(In Senate Appropriations Committee)

AB 680 (House-R) Medi-Cal reimbursement procedures

Authorizes the State Department of Health Services to negotiate settlements with 2 specified acute psychiatric care hospitals that unintentionally violate Medi-Cal cost-reimbursement policies or procedures, as specified. Authorizes the department to waive all or part of the overpayments made for any case described above, that would otherwise be reimbursable. Limits application to Stanislaus and Tuolumne Counties.

Chapter 639, Statutes of 1997

AB 768* (Gallegos-D) Medi-Cal: disproportionate share hospitals

Alters the application and distribution of supplemental Medi-Cal funds in the disproportionate share hospital program in order to maximize federal disproportionate share hospital funds for the 1997-98 fiscal year.

Chapter 552, Statutes of 1997

AB 925 (Davis-D) Medically fragile children: demonstration project

Establishes 2 demonstration programs in San Diego County. 1 program allows San Diego County to establish a pilot program for provision of services for children who qualify for California Children's Services. Permits the continuous exclusion of California Children's Services-eligible children from enrollment in Medi-Cal managed care plans. The second program, Assistance to Children at Home, provides an appropriation to San Diego Children's Hospital to continue a program to assist medically fragile children to reduce unavoidable health problems. Provides funding for the project for 1 year.

Vetoed by the Governor

AB 1017 (Aguiar-R) Medi-Cal: managed care plans and local initiatives

Requires the State Department of Health Services (DHS) to establish up to 3 pilot projects for testing reimbursement methodologies for 2-plan contracts. Authorizes DHS to terminate the pilot if it determines the pilot results in additional costs to the General Fund. Requires DHS to implement a pilot program to establish an alternative reimbursement methodology for federally qualified health centers (FQHC's), with participation of up to 15 FQHC's, whereby the rates would be fixed and not subject to reconciliation. Increases the amount of time a community health center has to make repayment of amounts determined as audit exceptions.

Vetoed by the Govenror

AB 1052 (Villaraigosa-D) Medi-Cal

Requires Medi-Cal managed care plans and primary care case management contracts to cover any drug approved by the federal Food and Drug Administration for the treatment of AIDS and AIDS-related conditions, as specified.

(On Senate Inactive File)

AB 1099 (Migden-D) Medi-Cal: eligibility

Continues Medi-Cal eligibility without a share of cost, or with a reduced share of cost, for individuals who return to work and are being treated for symptoms of HIV, AIDS, or are disabled.

Vetoed by the Governor

AB 1137 (Ducheny-D) Medi-Cal

Provides that drugs approved by the federal Food and Drug Administration for use in the treatment of AIDS or an AIDS-related condition, and certain other drugs, shall be added to the drug formularies used by defined Medi-Cal managed care plans.

(In Assembly Health Committee)

AB 1138 (Ducheny-D) Medi-Cal: disproportionate share hospitals

Reduces, from 45 days to 30 days, the time permitted for refunding remaining funds in the Medi-Cal Inpatient Adjustment Fund upon termination of the disproportionate share hospital program.

(In Senate Health and Human Services Committee)

Similar legislation is AB 1397 (Gallegos-D), which is in the Assembly Health Committee.

AB 1139 (Gallegos-D) Medi-Cal: disproportionate share hospitals

Modifies existing provisions allowing modifications in plans for hospital construction financed by the Medi-Cal disproportionate share hospital capital program. Allows modifications in projects for which debt was issued prior to July 1, 1996 and substitute plans are needed. Allows substitute plans to (1) reduce the size and scope of the original project, (2) include tenant improvements, (3) modify the core and shell, and (4) make modifications to meet current seismic safety standards.

Chapter 723, Statutes of 1997

AB 1197 (Villaraigosa-D) Health and social services

1. Provides eligibility for long-term care to any alien otherwise eligible for Medi-Cal services who does not meet specific requirements for full-scope Medi-Cal benefits; states that this provision is intended to reconfirm and be declarative of existing law.
2. Requires the State Department of Health Services to follow certain rules and procedures so that long-term care services provided to aliens through Medi-Cal may be matched with federal financial participation as an emergency Medicaid benefit.
3. Provides, as a covered Medi-Cal benefit, to the extent federal financial participation is available, personal care services (currently provided as a covered benefit to categorically needy persons) to any other category of person eligible for full scope Medi-Cal benefits without a share of cost, or to any person for whom coverage would be mandatory under federal law but for the federal welfare reform law.

(In Senate Appropriations Committee)

AB 1230* (Wright-D) Health: health care provider loans: Medi-Cal managed care

States legislative intent that Medi-Cal managed care local initiatives inform and encourage nonprofit traditional and safety net providers to apply for loans to the California Health Facility Financing Authority and that the California Small Business Development Corporation Loan Guarantee Fund give serious consideration to applications from for-profit traditional providers. Authorizes the Office of Small Business Development to authorize corporations to exceed the leverage ratio for certain guaranteed loans, as specified. Requires corporations to give loan consideration to applications from traditional Medi-Cal and safety net providers.

Chapter 924, Statutes of 1997

AB 1247 (Washington-D) Health care service plans

Requires a health care service plan providing services to Medi-Cal patients to contract with public teaching hospitals to provide services to those Medi-Cal patients that reside within a 3-mile radius of the public teaching hospital. Requires the plan to refer the Medi-Cal patient to the public teaching hospital, or provide written justification for failure to do so.

(In Assembly Health Committee)

AB 1294* (Aguiar-R) Medi-Cal benefits: individualized health and support plans

Makes targeted case management services for children with an individual health and support plan a covered benefit under Medi-Cal.

Chapter 211, Statutes of 1997

AB 1304 (Granlund-R) Health: chronic diseases

Declares that the State Department of Health Services is responsible for the enhancement of Medi-Cal patient outcomes, including the provision of appropriate outpatient drugs that illustrate clinical viability in particular indications or populations. Requires the department to seek all necessary federal waivers to establish a pilot study designed to investigate the effects of pharmaceutical cost containment on the use of pharmaceutical and other health care services in the fee-for-service Medi-Cal program.

(In Senate Health and Human Services Committee)

AB 1312 (Prenter-R) Medi-Cal: fraud

Makes various changes in statute related to Medi-Cal eligibility determination and fraud.

(In Assembly Health Committee)

AB 1337 (Shelley-D) Medi-Cal

Authorizes the State Department of Health Services to establish not more than 2 pilot programs for reimbursement methodologies for federally qualified health centers participating in Medi-Cal managed care.

Chapter 649, Statutes of 1997

AB 1338* (Shelley-D) Medi-Cal: disproportionate share hospitals

States intent to reduce the amount of federal match funds which are appropriated by the state ($229 million), thereby increasing the funding available to disproportionate share hospitals.

(In Senate Appropriations Committee)

AB 1408 (Pringle-R) Medi-Cal: long-term services: aliens

Provides, for a limited period, long-term care services for illegal immigrants who have been receiving such benefits through California's existing state-only program.

(In Assembly Appropriations Committee)

AB 1426 (Martinez-D) Health care

Requires the Secretary of the Child Development and Education Agency to report to the Legislature on the agency's plan to address the health care needs of aliens who will lose their Medi-Cal benefits.

(In Assembly Health Committee)

AB 1534* (Davis-D) Medi-Cal benefits

Makes eligible for Medi-Cal, children who lose SSI/SSP benefits and, subsequently, their Medi-Cal benefits as a result of redefining disability under federal welfare reform. Provides for any medically needy aged, blind, or disabled child who was eligible for Medi-Cal, without paying a share of cost, but who is now required to pay a share of cost as a result of the 1992 grant reductions, to receive Medi-Cal benefits without a share of cost. Requires implementation regardless of federal financial participation, as specified.

(In Assembly Appropriations Committee)

AB 1588 (Brewer-R) Medi-Cal: federally qualified health centers

Requires Department of Health Services to report the percentage of a plan's capitation rate dedicated to contracting with federally qualified health centers.

Vetoed by the Governor

Mental Health

SB 586 (Hughes-D) Mental health: substance abuse

Establishes a 3-year pilot program to be administered by the State Department of Mental Health (DMH) to study the cost-effectiveness of providing substance abuse and mental health services to patients who are dually diagnosed and, as such, would generally be excluded from treatment in drug residential programs. Requires the pilot program to include inpatient, outpatient and residential care for residents in south central Los Angeles. Requires DMH to evaluate the program based on specified criteria and report to the Legislature.

(In Assembly Appropriations Committee)

SB 651* (Wright-R) Local health funding

Provides several technical changes to current law regarding mental health realignment.

Chapter 484, Statutes of 1997

SB 923 (Thompson-D) Traumatic brain injury project

Recasts provisions of law related to traumatic brain injury services, including expanding the Traumatic Brain Injury Demonstration Project to 4 new sites and extending the project's sunset to January 1, 2005.

(In Assembly Health Committee)

SB 1062 (Peace-D) Mental health care: confidentiality

Establishes requirements for health care service plans and health care providers regarding disclosure of patient mental health records, including a requirement for obtaining written authorization from the patient.

Vetoed by the Governor

SB 1111 (Costa-D) Health care: mental health

Provides for certain clinical psychologists to determine whether a person presents a danger to himself, herself, or others, as one of the requirements for a liability waiver, when the person has received emergency services and is detained or released from a hospital. Adds "appropriate licensed mental health professional" to the categories of providers who can make and document attempts to place the person in an appropriate mental health facility.

Chapter 547, Statutes of 1997

SB 1295 (Maddy-R) Marriage, family, and child counselors

Includes licensed marriage, family and child counselors and licensed clinical social workers in the class of mental health professionals who may review patient mental health records when the health care provider determines that release of the records to the patient would be detrimental to the patient.

Chapter 388, Statutes of 1997

AB 482 (Aroner-D) Psychiatric health facilities: discharge information

Requires an aftercare plan to be provided when a psychiatric patient is being discharged from inpatient psychiatric care. Requires the aftercare plan to include specified information about the nature of the patient's illness and the follow-up required to facilitate the patient's care after discharge.

Chapter 512, Statutes of 1997

AB 905 (Miller-R) Civil commitments

Creates an alternative judicial commitment procedure for people who have remained mentally incompetent to stand trial during a 3-year period of commitment and have not recovered mental competence. Provides that court commitment proceedings allow for an extended commitment, on a year by year basis, if the person remains incompetent to stand trial, the original charge was a violent felony and the person represents a danger to others. Provides that the extended commitment is to a state hospital, other treatment facility or treatment as an outpatient.

(In Assembly Appropriations Committee)

AB 1100 (Thomson-D) Health care coverage: mental illness

Requires health service plans and disability (health) insurers to provide coverage for the diagnosis and medically necessary treatment of biologically based severe mental illness for persons of all ages and serious emotional disturbances of children, and provides such coverage under the same terms and conditions applied to other medical conditions. Exempts from the provision relating to a health care service plan contract, a contract between the State Department of Health Services and a health care service plan for enrolled Medi-Cal beneficiaries.

(On Senate Inactive File)

AB 1306* (Granlund-R) Mental health services

Authorizes the State Department of Mental Health to issue regulations defining a mechanism by which the cost increases imposed on Medi-Cal mental health managed care contractors are to be shared between the state and the participating counties. Allows these added costs to come from changes in state or federal laws or a change in interpretation or regulation.

Chapter 648, Statutes of 1997

AB 1439 (Granlund-R) Mental health: involuntary commitments

Deletes the authorization in current law for a psychologist, social worker or registered nurse to sign a notice of treatment certification for persons who may receive intensive treatment related to his or her mental disorder or impairment by chronic alcoholism.

(In Assembly Health Committee)

ACR 77 (Thomson-D) Mental Illness Awareness Week

Designates October 5 through October 11, 1997, as Mental Illness Awareness Week in California.

Resolution Chapter 129, Statutes of 1997

Public Health and Safety

SB 65 (McPherson-R) Public beaches: contamination: warning signs

Requires public beaches, failing to meet bacteriological standards, to be posted with warning signs which shall be visible from all "legal primary access points" and any additional access points identified by the county health officer.

Chapter 764, Statutes of 1997

SB 102 (Haynes-R) Partial-birth abortion: ban

Prohibits physicians from performing abortions using a technique known as intact dilation and evacuation used in second trimester abortions (partial-birth abortions). Creates civil liability permitting the mother, father or maternal grandparents of an unborn child, who was the subject of a partial-birth abortion, to bring suit against the physician. Provides that the affirmative defense is available to a physician who reasonably believed that the procedure was the only choice to save the woman's life.

(Failed passage in Senate Health and Human Services Committee; reconsideration granted)

SB 137 (Maddy-R) Gaming clubs, bars, and taverns: smoking

Allows smoking in gaming clubs, bars and taverns until January 1, 1999. Allows smoking only in establishments with a specified ventilation system after January 1, 1999.

(In Senate Judiciary Committee)

SB 139 (Kopp-I) Care facilities: overconcentration

Revises provisions in current law relating to overconcentration of residential care facilities and alcohol and drug abuse recovery and treatment facilities to require the Directors of the State Department of Social Services and the State Department of Alcohol and Drug Programs to deny a license application if granting the license would result in the facility being within 300 feet of any existing residential care facility or alcoholism or drug abuse recovery or treatment facility.

(In Senate Health and Human Services Committee)

SB 160* (Watson-D) Health: informed consent

Allows experimental medical treatment of patients in life-threatening situations, without the parent's consent, if certain conditions are met.

Chapter 68, Statutes of 1997

SB 229 (Johnston-D) Federally qualified health centers

Extends and modifies statutory arrangements for the sharing of risk between the Medi-Cal program and local initiative plans in Medi-Cal managed care for the costs of services provided by federally qualified health centers to local initiative enrollees. Extends to all local initiatives and sunsets September 2000.

Chapter 188, Statutes of 1997

SB 253 (Burton-D) Health facilities

Prohibits a health care facility from discriminating or retaliating against an employee or patient who institutes a complaint or governmental review, or participates in such a review, relating to the facility's care, services or conditions.

Vetoed by the Governor

SB 274* (Watson-D) Tuberculosis control

Authorizes the State Department of Health Services to make grants to local health jurisdictions to fund secured housing for recalcitrant tuberculosis patients.

(In Senate Health and Human Services Committee)

SB 277 (Maddy-R) Emergency medical services

Permits Emergency Medical Services Fund reimbursement to physicians and physician groups utilizing gross billing arrangements for services provided in a standby emergency department in a small and rural hospital, under specified conditions.

(On Assembly Inactive File)

SB 360 (Rainey-R) Drinking water: water treatment devices

Requires the State Department of Health Services to seek consultation from consumers, public entities and other persons affected by the operation of water treatment services when adopting regulations and promoting consumer safety.

(In Assembly Environmental Safety and Toxic Materials Committee)

SB 361 (Dills-D) Community care facilities

Requires the owner or licensee of a community care facility to provide notice to residents in the neighborhood who reside within 500 feet of the facility of the procedure approved by the licensing agency for notification of, and immediate response to, incidents and complaints.

(In Assembly Human Services Committee)

SB 362 (Maddy-R) Tuberculosis: health facility

Provides that a health facility shall not be civilly or criminally liable or subject to administrative sanction if it declines to discharge, release or transfer any person known to have tuberculosis, pursuant to law. Conditions the immunity upon the health facility's acting in good faith and actually complying with the law.

Chapter 116, Statutes of 1997

SB 379 (Rosenthal-D) Private information: medical records

Revises the requirements for the maintenance and disclosure of medical information between interested parties. Increases the penalties for violation of medical information disclosure from $3,000 to $300,000.

(In Senate Judiciary Committee)

SB 391* (Solis-D) Health

The omnibus health budget trailer bill including provisions relating to the Farmer's Market Nutrition Program, costs for x-ray equipment inspections, AIDS Drug Assistance Program, tuberculosis control program, Maternal and Child Health programs, fee requirements for clinics receiving public funds, transitional Medi-Cal program, simplified Medi-Cal eligibility form, medical education costs, voluntary enrollment of foster children in managed care, California Children Services beneficiaries, Medi-Cal drug rebate, conformity of existing state law with the federal budget agreement, transitional inpatient care, criteria to identify providers placed on prior authorization for noninvasive testing procedures, use of out-stationed Medi-Cal workers, $75 million in local government relief through the disproportionate share hospital program, repayment of county costs for delays in implementation of the local initiative under managed care, general assistance grant, extension of contracts with clinics providing HIV testing services, reauthorization of current health education, indigent health care, and tobacco related disease research programs under Proposition 99, Early Intervention Infant and Toddler Program's Interagency Coordinating Council, tracking and monitoring individuals with developmental disabilities moving from developmental centers into the community, contracting for client rights advocacy services, and regional center contracts for an audited financial statement.

Chapter 294, Statutes of 1997

SB 402 (Greene-D) Health: opiate drugs

Establishes the Pain Patient's Bill of Rights, and enacts legislative findings and declarations regarding the use of opiate medications for treating intractable pain.

Chapter 839, Statutes of 1997

SB 411 (Peace-D) Residential care

Requires an individual holding the position of administrator of an adult residential care facility on June 30, 1996, to file a completed application for certification before April 1, 1998. Requires the individual to successfully complete the initial 35-hour training. Authorizes the State Department of Social Services to waive the fingerprint requirements for persons who have current clearance on file.

(In Senate Health and Human Services Committee)

SB 413* (Peace-D) Health: nonprofit hospitals

Prohibits directors and officers of nonprofit corporations subject to the requirement of obtaining the State Attorney General's consent and considering conversion to for-profit status from accepting compensation or inducements.

Chapter 890, Statutes of 1997

SB 460 (Kelley-R) Local health care districts

Allows a local health care district to transfer its assets, at fair market value, to any corporation. Provides if the transfer is done "in the absence of adequate consideration," (less than fair market value) transfer of district assets are limited to a non-profit corporation only. Allows a district to lease its assets to any corporation following procedures of existing law.

(In Senate Local Government Committee)

SB 473 (Karnette-D) Health: local health care districts and county hospitals

Requires a public hearing and voter approval before (1) 50% of a county hospital's assets are transferred to a nonprofit or for-profit entity, or (2) the hospital is dissolved.

(In Assembly Health Committee)

SB 521 (Mountjoy-R) Gasoline: MTBE

Enacts the MTBE Public Health and Environmental Protection Act of 1997, appropriating $520,000 from the Motor Vehicle Fuel Account in the Transportation Tax Fund to the University of California for a study and assessment of the human health and environmental risks and benefits, if any, of MTBE, to be submitted by January 1, 1999. Requires the Governor to take prescribed actions, including certifying whether there is a risk to human health, or the environment, of using MTBE in gasoline, and taking appropriate action to protect public health and the environment, if there is such a risk.

Chapter 816, Statutes of 1997

SB 522 (Alpert-D) Unintended pregnancies

Requires the State Department of Health Services to complete a plan, by July 1, 1999, aimed at reducing unintended pregnancies in California.

(In Assembly Appropriations Committee)

SB 535* (Vasconcellos-D) Marijuana

States legislative intent that the University of California create the California Marijuana Research Program at the University of California to ascertain the general medical efficacy and safety of administering marijuana for medical treatment. If studies confirm the value of marijuana for medicinal purposes, requires the program to establish medical guidelines for appropriate administration and use, including inhalational, tinctural, and oral treatments.

(On Assembly Inactive File)

SB 537 (Greene-D) Genetic diseases: expanded newborn screening pilot project

Requires (1) the State Department of Health Services (DHS) to establish 2 time-limited pilot programs to provide for expanded fee-supported newborn genetic screening services for persons who elect to have the additional screening, (2) Medi-Cal program benefits be expanded to cover the additional newborn genetic screening services if federal matching funds are provided, and (3) the DHS to report to the Legislature by January 1, 2000.

(In Assembly Appropriations Committee)

SB 553 (Watson-D) Tobacco control

Extends the authorization of Proposition 99 tobacco control programs and the Expanded Child Health and Disability Prevention program through June 30, 2000. Eliminates language generally calling for the campaign to use media appropriate for target age groups and to place the ads where they are expected to reach and appeal to the priority age groups.

(In Senate Health and Human Services Committee)

SB 554 (Watson-D) California Children's Health Program

Imposes an additional excise tax on cigarettes of 5 mills per cigarette, or 10 cents per package of 20, and an unspecified tax on tobacco products based on the wholesale cost of those products, operative January 1,1998, to fund the California's Children's Health Program.

(In Senate Health and Human Services Committee)

SB 555 (Watson-D) Child health: infant hearing loss

Requires the State Department of Health Services to establish an Infant Hearing Loss Identification and Intervention Program as a statewide coordinated program to screen and identify all newborn infants with hearing impairments.

(In Senate Appropriations Committee)

SB 556* (Watson-D) Public health

Represents the final completion of the restructuring of the public health-related sections of the Health and Safety Code, as mandated by the Legislature.

Chapter 97, Statutes of 1997

SB 560* (Hayden-D) Regulated chemicals surtax

Imposes a 25% sales tax on the cash sale of iodine, red phosphorous and freon, which are used to produce methamphetamines. Provides that the revenue generated from the tax be (1) available to the State Department of Education for allocation to school districts to fund drug and violence prevention education, and (2) deposited in a special fund created in the bill and available to the State Department of Alcohol and Drug Programs for allocation to counties for subsequent allocation to community-based organizations and non-profit health clinics for treatment programs, and drug and violence prevention education.

(Failed passage on Assembly Floor)

SB 587 (Hughes-D) Security services: hospital security guards

Requires hospital security guards to complete specified training courses and be certified in CPR and basic emergency lifesaving.

(In Senate Business and Professions Committee)

SB 596* (Karnette-D) Tissue donation: sperm: hepatitis B or C reactive donor

Permits insemination from donors who are carriers of Hepatitis B or C reactive sperm, if certain conditions are met. Requires the State Department of Health Services to report to the Legislature on the medical effects of this procedure on an annual basis beginning January 1, 1999, and continuing through January 1, 2002.

(On Assembly Inactive File)

SB 617 (Monteith-R) County health services

Permits Stanislaus County to transfer its public emergency room responsibilities to a non-county hospital and continue to receive California Health Care for Indigents Program funds.

Chapter 730, Statutes of 1997

SB 619 (Peace-D) Fire protection: roofing materials

Prohibits, beginning January 1, 1998, the use of wood shakes and wood shingle roofing materials on new structures and when 50% or more of a structure is re-roofed in any 1-year period.

(In Senate Housing and Land Use Committee)

SB 620 (Peace-D) Care facilities

Prohibits the State Department of Justice and the State Department of Social Services from charging fees for the fingerprinting and criminal record searches of applicants for a license or special permit to operate a community care facility or a residential care facility for the elderly. Prohibits these departments from charging fees for the fingerprinting and criminal record searches of other persons, as specified, who have contact with clients in these facilities.

(In Senate Appropriations Committee)

SB 651* (Wright-R) Local health funding

Revises the allocation methodologies used to distribute specified realignment caseload, growth and equity funds, beginning with 1995-96 allocations.

Chapter 484, Statutes of 1997

SB 697 (Rainey-R) Innovative health facilities: licensure

Permits licensure of alternative health facilities in order to utilize new medical technologies and organizations.

(In Senate Health and Human Services Committee)

SB 775* (Johannessen-R) Gasoline: MTBE: study

Requires the State Air Resources Board to conduct a prescribed study, in conjunction with private industry, on the health effects of methyl tertiary butyl ether (MTBE), as specified.

(In Senate Environmental Quality Committee)

SB 791 (Costa-D) Adult day health centers

Changes the scope of services required to be provided by adult day health care centers. Deletes transportation as a required component and gives centers the option of providing or arranging transportation to and from the participant's home and the center. Amends and updates written emergency procedures to allow for the 911 telephone system to be used, rather than a list of fire, ambulance, doctor and hospital telephone numbers.

(In Assembly Appropriations Committee)

SB 850 (Kelley-R) Health: local agency joint powers agreement

Authorizes private, nonprofit hospitals in San Diego, Kings and Tulare Counties to enter into joint powers agreements with public agencies.

Chapter 432, Statutes of 1997

SB 873 (Vasconcellos-D) Pool safety

Requires all new and altered public wading pools to have at least 2 circulation drains per pump located at least 3 feet apart and to comply with other safety requirements to prevent physical entrapment or suction injury. Expands existing law to require that all pre-1975 public swimming pools, including those located in apartment complexes, hotels, and motels, be retrofitted with ground fault circuit interrupters.

Chapter 913, Statutes of 1997

SB 921 (Thompson-D) County health services

Extends, until January 1, 2003, the authorization for the "County Medical Services Governing Board" as the multi-county agent that contracts with the state for the operation of the County Medical Services Program (CMSP), and makes changes to the amount of county fees for the CMSP.

Chapter 669, Statutes of 1997

SB 970 (Senate Health and Human Services Committee) Hospitals: safety standards

Authorizes the Office of Statewide Health Planning and Development (OSHPD) to exempt specific hospital construction drawings and specifications from the requirement that they be prepared by an architect or a structural engineer. Requires the OSHPD to adopt regulations that specify which projects may be exempted, and changes the definition of Class "C" inspectors.

Chapter 731, Statutes of 1997

SB 981 (Johannessen-R) Community care facilities

Requires the State Department of Social Services to notify the appropriate city, county, city and county, or other local jurisdiction when an application to operate a community care facility in that local jurisdiction is received.

(In Senate Judiciary Committee)

SB 1034 (Maddy-R) Medical waste: trauma scene waste management

Enacts the Trauma Scene Waste Management Act to regulate businesses that clean up locations contaminated by blood or other specified body fluids. Requires these commercial concerns to register with the State Department of Health Services and regulates their waste management activities.

Chapter 732, Statutes of 1997

SB 1040 (Maddy-R) Building standards: fire safety

Clarifies that the standards adopted by the State Fire Marshal with respect to minimum requirements for the placement of exit signs or devices that can be felt or seen near the floor apply to certain buildings and structures including public schools, hospitals, jails, asylums, homes for the elderly, child care facilities, etc. Specifies that the building standards be adopted before July 1, 1998.

Chapter 871, Statutes of 1997

SB 1049 (Maddy-R) Hospice services

Makes numerous clarifying and conforming changes to the body of law regulating hospice care, including:

1. Updating "Standards for Quality Hospice Care" reference, defining "multiple locations" and requiring their listing on a single license, and specifying the participation of the attending physician in preparing a plan of care.
2. Defining or redefining applicable terms, including "home health aid", "home health aide services", and "interdisciplinary".

Chapter 492, Statutes of 1997

SB 1061 (Vasconcellos-D) Long-term health care facilities

Requires the State Department of Health Services (DHS) to develop a standard admissions agreement for nursing homes. Requires DHS to consolidate and develop one comprehensive Patients' Bill of Rights.

Chapter 631, Statutes of 1997

SB 1073 (Vasconcellos-D) Health facilities

Allows, upon approval by the State Department of Health Services, specified long-term care health facilities to provide special services under their present facility licenses. Repeals, for health facilities, but not for clinics or community care facilities, the requirement in existing law that an adult day health care center operated by a health facility be an independent program located in a separate, freestanding facility or distinct part of a facility.

(In Assembly Appropriations Committee)

SB 1084 (Watson-D) Natural Death Act

Requires a health facility and healing arts licentiate to develop protocols relating to the implementation of the Natural Death Act.

(In Senate Rules Committee)

SB 1130 (Thompson-D) Funding of medical education

States legislative intent that the University of California initiate discussions with the State Department of Health Services and the California Medical Assistance Commission to develop a federal demonstration project relating to funding of graduate medical education.

Chapter 799, Statutes of 1997

SB 1181 (Solis-D) Pharmaceutical drugs: narrow therapeutic range drugs

Requires the State Department of Health Services to distribute a list of narrow therapeutic range drug products and advisory information to health care providers.

(In Senate Health and Human Services Committee)

SB 1189 (Hayden-D) Drinking water: groundwater wells: MTBE contamination

Enacts several provisions designed to identify, monitor, and prevent methyl teritiary butyl ether contamination of drinking water wells.

Chapter 815, Statutes of 1997

SB 1201 (Hayden-D) Very high fire hazard severity zones

Limits the exemption in current law from fire retardent roofing requirements to jurisdictions that adopt a prescribed model ordinance approved by the State Fire Marshal. Additionally provides that any local agency that fails to designate, by ordinance, very high fire hazard severity zones within its jurisdiction within 120 days of receiving recommendations from the Director of Forestry and Fire Protection, shall be deemed to have designated those very high fire hazard severity zones recommended by the director and those areas shall be subject to the fire retardant roofing requirements.

(In Senate Housing and Land Use Committee)

SB 1231 (Watson-D) Residential care for the elderly

Allows residential care facilities for the elderly to provide incidental medical care through a home health agency when specified conditions are met. Specifies that it is not intended to expand the scope of care and supervision for a residential care facility for the elderly.

Chapter 494, Statutes of 1997

SB 1312* (Leslie-R) Fisheries management: drinking water

Prohibits the State Department of Fish and Game (DFG) from introducing poisons into the drinking water supply for fishery management purposes unless the State Department of Health Services finds that there will not be a permanent adverse impact to the water quality. Requires DFG to supply an alternative water source and to implement a water monitoring program.

Chapter 437, Statutes of 1997

SB 1332* (Vasconcellos-D) Disabled persons: funding

Establishes in the State Treasury the Orientation Center for the Blind Trust Fund, to be continuously appropriated without regard to fiscal years, to the State Department of Rehabilitation for allocation to the Orientation Center for the Blind. Requires the Director to create an Orientation Center for the Blind Trust Committee. Establishes an allocation formula for state funds appropriated to independent living centers.

Chapter 735, Statutes of 1997

SB 1344 (Johnston-D) Human cloning

Prohibits the cloning of human beings in California.

Chapter 688, Statutes of 1997

SB 1350 (Burton-D) Health care

Establishes open meetings and records disclosure requirements for private corporations to which at least $50 million of a state agency's assets are transferred for the operation of a hospital (corporations). Exempts corporations located in Orange County from its provisions.

Chapter 927, Statutes of 1997

Identical to AB 1601 (Shelley-D), Chapter 925, Statutes of 1997

SCA 17 (Leslie-R) Abortion: parental consent: minors

Prohibits an abortion from being performed upon an emancipated minor unless she first has given her written consent to the abortion and also has obtained the written consent of 1 of her parents or legal guardian, except in a medical emergency requiring immediate medical action. Authorizes the minor to file a petition with the court if 1 or both of the minor's parents or her legal guardian refuses to consent to the performance of an abortion, or if the minor elects not to seek the consent of 1 or both of her parents or her guardian. Makes violation a misdemeanor, punishable by a fine of $1,000 or by imprisonment in the county jail of up to 30 days, or both.

(In Senate Judiciary Committee)

SCR 27 (Kopp-I) Residential care facilities

Creates a 16-member Care Facilities Task Force, consisting of representatives from local government and social service groups, to analyze issues related to funding, dispersal, and oversight of residential care facilities. Requires the Legislative Analyst to organize the prescribed task force, with the first meeting scheduled no later than 1 month after the bill is chaptered. Requires the task force to submit a report to the Governor and the Legislature on or before January 31, 1998.

Resolution Chapter 96, Statutes of 1997

SCR 32 (Thompson-D) Autism Treatment Awareness Week

Designates the week of April 27 through May 3, 1997, as Autism Treatment Awareness Week.

Resolution Chapter 30, Statutes of 1997

SCR 39 (Johnston-D) Cloning of humans

Urges the Director of Health Services to establish a panel to advise the Legislature and the Governor on human cloning no later than December 31, 2001.

Resolution Chapter 105, Statutes of 1997

SCR 40 (Watson-D) Hepatitis A prevention

Requests the State Department of Health Services to develop a plan to vaccinate food handlers in high-risk areas against hepatitis A virus infection, to encourage all food handlers in California to be vaccinated against hepatitis A and to immediately begin a hepatitis A vaccination program in all Los Angeles schools.

Resolution Chapter 88, Statutes of 1997

SCR 45 (Brulte-R) Emergency Medical Services Week

Designates the week of May 18 through May 24, 1997, as Emergency Medical Services Week pursuant to specified findings, and recognizes that programs will be held throughout the state to encourage Californians to increase their awareness of accident prevention techniques and how to access emergency services.

Resolution Chapter 47, Statutes of 1997

SJR 14 (Kelley-R) Human cloning

Memorializes Congress and the President to ban, outlaw and prevent cloning of human beings.

(Failed passage in Senate Health and Human Services Committee; reconsideration granted)

SJR 21 (Watson-D) Tobacco products: compensation for injuries

Memorializes the President and Congress to oppose any legal or legislative settlement that limits the ability of public entities or individuals to seek compensation for tobacco-related injuries.

(In Senate Judiciary Committee)

SR 14 (Haynes-R) Alcohol Abuse and Drug Prevention, Treatment and Recovery

Proclaims June 1997 and 1998 as Alcohol Abuse and Drug Prevention, Treatment and Recovery Month.

Adopted

AB 129 (Morrow-R) Abortion: informed consent

Enacts the Woman's Right to Know Act which prohibits abortion without the woman's voluntary and informed consent, except in the case of an emergency.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 157 (Villaraigosa-D) Personal rights: breastfeeding

Provides that notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except in the private home or residence of another, where the mother and the child are otherwise authorized to be present. Makes a number of legislative findings of fact regarding the benefits of breastfeeding for both mothers and children.

Chapter 59, Statutes of 1997

AB 160 (Hertzberg-D) Health care coverage: contraceptive drugs

Enacts the Women's Contraception Equity Act which requires certain group health care service plan contracts and certain group disability insurance policies, issued, amended, renewed, or delivered on or after January 1, 1998, and certain individual health care service plan contracts and certain individual policies of disability insurance of a type and form first offered for sale on and after January 1, 1998, to provide coverage, under terms and conditions applicable to the benefits, for a variety of federal Food and Drug Administration approval prescription contraceptive methods.

(On Assembly Inactive File)

AB 186 (Brown-D) Tattooing, body piercing, and permanent cosmetics

Requires the California Conference of Local Health Officers to establish and adopt safety standards for persons engaged in the business of tattooing, body piercing, and permanent cosmetics. Requires persons engaged in those businesses to register with and pay a fee to their county health department. Requires annual inspections by county health departments. Establishes a task force to recommend legislation to address the health of persons seeking tattooing, body piercing and permanent cosmetics.

Chapter 742, Statutes of 1997

AB 192 (Napolitano-D) Vital records

Enacts the Vital Records Security Act of 1997 that requires all records or certificates of live births, fetal deaths, deaths, or marriages to be classified as vital records and deletes and recasts various provisions relating to these records in order to standardize the forms and to provide for greater security and confidentiality of vital statistics information.

(In Assembly Health Committee)

AB 221 (Goldsmith-R) Health: blood glucose monitoring

Exempts specified persons who perform blood glucose testing of minor children for the purpose of monitoring diabetes from provisions of the state clinical laboratory regulation and medical practice licensure, permits such testing in licensed child day care facilities in accordance with specified requirements, and prohibits any provision of law from requiring that insulin injections be administered in a licensed child day care facility.

Chapter 550, Statutes of 1997

AB 266 (Escutia-D) Hepatitis B immunization: correctional personnel: inmates

Requires any person employed as correctional personnel as defined in Penal Code Section 830.5(b) to be immunized for Hepatitis B. Requires Hepatitis B immunization for State Department of Corrections' inmates and Youth Authority wards.

(In Assembly Appropriations Committee)

AB 268 (Campbell-R) Retail food facilities

Exempts from the California Uniform Retail Food and Facilities Law a self-service bulk beverage dispensing operation that meets specified requirements.

Chapter 224, Statutes of 1997

AB 269 (Ortiz-D) Patient discharge: home care

Requires managed care organizations, as defined, to ensure that various criteria are met before a patient is discharged from (1) a health facility, or (2) any setting when the surgery involves anesthesia that may suppress the respiratory reflex.

(In Senate Insurance Committee)

AB 274 (Floyd-D) Medical records: subpoena

Exempts from subpoena deliberations and records of quality assurance committees and peer review bodies relating to the provision of health care.

(In Assembly Judiciary Committee)

AB 309 (Floyd-D) Horseback riding activities: protective headgear

Requires that all protective headgear for horseback riding meet specified safety standards and be conspicuously labeled as meeting those standards. Prohibits the sale of headgear that does not meet specified safety requirements.

(Failed passage on Assembly Floor)

AB 323 (Baca-D) Community care facilities: group homes

Creates a pilot project in San Bernardino County in which group homes, with specified exceptions, are required to establish procedures for immediate response to incidents and complaints. Requires the State Department of Social Services (DSS) to report to the Legislature by July 1, 1998 on the effectiveness of the pilot project. Requires, beginning July 1, 1998, group home operators to provide written notice to complainants. Requires DSS to develop a plan for the creation of a statewide toll-free number for callers to request facility inspections.

Chapter 561, Statutes of 1997

AB 405 (Kuehl-D) Health facilities

Requires a hospital governing body, prior to a decision to (1) enter into, transfer or terminate an exclusive contract, or (b) close a medical staff department to new applicants, to present the reasons for the proposed action, in writing, to the medical staff and seek a written medical staff recommendation on the proposed action.

Vetoed by the Governor

AB 411 (Wayne-D) Beach sanitation: posting

Establishes uniform requirements for regular monitoring of coastal waters for bacterial contamination, and enacts requirements to inform the public when the waters pose a health hazard.

Chapter 765, Statutes of 1997

AB 423 (Thomson-D) Substance abuse programs: county detention facilities

Authorizes counties to apply to the State Department of Alcohol and Drug Programs for funding to establish a chemical dependency treatment program in county jails or juvenile halls. Targets detainees with a history of substance abuse who are scheduled for release within 30 to 60 days. Appropriates an unspecified amount from the General Fund to the department for this purpose.

(In Assembly Appropriations Committee)

AB 441 (Richter-R) Tissue donors: sperm donors

Allows a recipient of sperm to consent to artificial insemination or other advanced reproductive technologies under specified conditions, even if the sperm donor is found reactive to hepatitis B, hepatitis C or syphilis, provided certain conditions are met.

Chapter 511, Statutes of 1997

AB 481 (Kuehl-D) Childhood lead poisoning prevention

Establishes the Comprehensive Childhood Lead Poisoning Prevention Act of 1997 to provide a complete approach to lead hazard evaluation and control of all pre-1978 residential property. Imposes fines and penalties on violators of the act to be deposited into the newly created Lead Hazard Control Fund and to be used to support the provisions of the bill.

(On Assembly Inactive File)

AB 536 (Gallegos-D) Health care coverage

Requires health care service plans to make available to the public the criteria used to determine whether to aurhorize or deny health care services.

Vetoed by the Governor

AB 541 (Ducheny-D) Recycled water

Excludes "recycled water" from the definition of "sewage" and requires any person, without regard to intent or negligence, who causes or permits an unauthorized discharge of recycled water in any state waters to notify the appropriate California regional water quality board, as specified. Subjects a person who fails to make the required notification to administrative civil liability.

Chapter 833, Statutes of 1997

AB 592 (Kuehl-D) MTBE: Drinking water

Enacts the Local Drinking Water Protection Act requiring the Department of Health Services to start the process of adopting a primary drinking water standard for MTBE and adopts a secondary drinking water standard on or before July 1, 1998, that does not exceed a consumer acceptance level for MTBE. Requires the California Drinking Water and Toxic Enforcement Act Scientific Advisory Panel to make a recommendation to the Office of Environmental Health Hazard assessment as to whether MTBC shall be tested as carcinogenic or reproductive toxin.

Chapter 814, Statutes of 1997

AB 600 (Kuehl-D) Health: family planning

Requires the State Department of Health Services, by March 15, 1998, to apply for a Medicaid waiver to obtain federal funds for the persons currently covered by state-only family planning services. Dedicates additional funds received under the waiver to expansion of services to populations under 200% of poverty not now served.

Vetoed by the Governor

AB 609 (Margett-R) Recycled water

Authorizes an entity responsible for groundwater replenishment to request a recycled water producer or wholesaler to enter into an agreement to provide recycled water for groundwater replenishment. Prohibits a recycled water producer or wholesaler who operates a wastewater treatment facility from including the cost of tertiary treatment in the price of the recycled water.

(In Assembly Water, Parks and Wildlife Committee)

AB 619 (Ortiz-D) Alcohol and drug abuse

Requires the State Department of Alcohol and Drug Programs to establish an alcohol and other drugs ongoing public awareness and education campaign, establish an advisory commission in each county, and increase the involvement of counties in the licensing of drinking driver programs. Increases the penalty for violation of certain alcohol and drug-related provisions of the Vehicle Code to include a $100 substance abuse penalty assessment for deposit in the newly created Alcohol and Other Drugs Public Awareness and Education Fund.

(In Assembly Health Committee)

AB 631 (Morrow-R) Drug and alcohol abuse rehabilitation facilities

Requires that any person who is granted probation on condition that he or she obtain residential drug or alcoholism abuse rehabilitation participate in a facility licensed by the State Department of Alcohol and Drug Treatment Programs.

(In Assembly Public Safety Committee)

AB 663 (Ortiz-D) Public Health Contingency Fund: local funding assistance

1. Establishes the Public Health Contingency Fund to provide counties resources for provision of basic public health services. Defines "basic health protection services" to include disease reporting, investigation, surveillance, laboratory analysis and prevention education. States that funds for this purpose shall be appropriated by the Legislature.
2. Directs the State Department of Health Services to develop public health capacity standards for the evaluation of a county's disease control capacity. Makes counties failing to meet these evaluation standards ineligible to receive matching funds from the Public Health Contingency Fund.

(In Senate Appropriations Committee)

AB 664* (Ortiz-D) Hereditary disorders: prenatal genetic testing

Requires specified regulations filed by the genetic disease unit in the State Department of Health Services to be subject to a public hearing within 120 days of filing, subject to a specific provision of the Administrative Procedure Act that requires a final statement of the reasons for the proposed regulation, and provides that failure to comply with these requirements repeals any regulation filed.

(In Senate Health and Human Services Committee)

AB 732 (Granlund-R) Communicable diseases: pet birds

Repeals existing law prohibiting the raising and selling, offering for sale, trade, or barter of any parakeets and budgerigars unless these birds are banded.

(In Senate Rules Committee)

AB 752 (Migden-D) Tobacco: advertising

Prohibits the advertising of any tobacco product on an outdoor billboard within 1,000 feet of any public or private elementary school, junior high school, high school or public playground.

Chapter 219, Statutes of 1997

AB 757 (Escutia-D) Infant safety

Prohibits unsafe cribs in child care facilities and provides for information and instructional materials relating to Sudden Infant Death Syndrome to parents and care facilities.

Chapter 263, Statutes of 1997

AB 764 (Davis-D) Food and drug inspections

1. Permits agents of the State Department of Health Services to reveal trade secret information to any employee of the federal Food and Drug Administration who is authorized to receive the information.
2. Permits the advertising of drugs and devices for the treatment of specified diseases, provided certain approvals are obtained.
3. Shifts the frequency of reinspection of drug or device manufacturing facilities from once each year to once every 2 years.
4. Requires any state inspectors to use information provided in the written record of any inspection by the federal Food and Drug Administration in the place of inspection.

Chapter 516, Statutes of 1997

AB 779 (Woods-R) Aging

Amends, reorders, renumbers and makes various other changes, primarily non-substantive in nature, to current statutes governing the State Department of Aging's Office of the Long-Term Care Ombudsman Program.

(On Assembly Inactive File)

AB 789 (Cardenas-D) Long-term health care facilities: employees

Prohibits persons, including a manager or owner, convicted of specified crimes, from providing direct patient care in long-term care facilities unless they obtain a certificate of rehabilitation.

(In Senate Public Safety Committee)

AB 790 (Cardenas-R) Health facilities: notice of error or equipment failure

Requires licensed health facilities to notify the patien,t or other specified persons, of any medical error or equipment failure that occurs while the patient is in the facility.

(In Assembly Health Committee)

AB 812* (Scott-D) Domestic violence: marriage license fees

Increases marriage license fees by $10 to increase funding for domestic violence prevention.

(On Assembly Inactive File)

AB 823 (Papan-D) Health care

1. Prohibits any person from making any decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription unless he or she is licensed to practice medicine in California, and provides that this prohibition does not restrict other licensed health care professionals from making decisions within their scope of practice.
2. States that making any decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription constitutes the practice of medicine.
3. Creates a new crime by providing that any person making a "medical necessity or appropriateness" decision without being a California-licensed physician is guilty of a misdemeanor, and that any remedy provided pursuant to existing law does not preclude anyone from seeking other lawful remedies.
4. Provides that any person acting on behalf of a health care service plan or a life or disability insurance plan who makes any decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription is practicing medicine and would, therefore, need to be a California-licensed physician.

(In Senate Appropriations Committee)

AB 854 (Mazzoni-D) Shellfish sanitation standards

Requires the State Department of Health Services to adopt shellfish sanitation regulations by January 1, 1999.

Chapter 236, Statutes of 1997

AB 925 (Davis-D) Medically fragile children: demonstration project

Establishes 2 demonstration programs in San Diego County. 1 allows San Diego County to establish a pilot program for provision of services for children who qualify for California Children's Services (CCS). This pilot permits the continuous exclusion of CCS-eligible children from enrollment in Medi-Cal managed care plans. The second program, Assistance to Children at Home, provides an appropriation to San Diego Children's Hospital to continue a program to assist medically fragile children to reduce unavoidable health problems. Provides funding for the project for 1 year.

Vetoed by the Governor

AB 984 (Davis-D) "911" emergency response system: competing systems

Requires health plans and disability health insurers to cover emergency medical transportation costs, and provides that a medical emergency condition existed if a reasonably prudent person with an average knowledge of health care would have reasonably believed that the medical condition was an emergency medical condition that required an emergency response.

(On Senate Inactive File)

AB 1032 (Frusetta-R) Long-term health care facilities: employees

Prohibits a person from providing direct patient care in a long-term health care facility if that person has been convicted of a violation of any one or more of various crimes, including murder, rape, false imprisonment and forgery. Provides certain exceptions.

(In Assembly Health Committee)

AB 1068 (Campbell-R) Nursing and long-term care

Requires the State Department of Health Services to develop a comprehensive resident, client or patient bill of rights for long-term health care facilities. Requires all long-term health care facilities to afford their residents, clients or patients certain rights described in federal law.

(In Assembly Health Committee)

AB 1087 (Aguiar-R) Nursing facilities

Requires the State Department of Health Services (DHS) to conduct a pilot project in a selected licensing district to test the viability of using a Joint Commission on the Accreditation of Health Care Organizations review process in lieu of the existing Medicare and Medicaid certification survey enforcement process for the oversight of nursing facilities. Requires DHS to seek any necessary federal waivers by January 30, 1998, and to implement the project immediately upon approval of the waivers, for a period of 30 months. Requires DHS to report the results to the Legislature upon completion of the pilot project.

(Failed passage in Senate Appropriations Committee; reconsideration granted)

AB 1112 (Gallegos-D) Health care

1. States intent to assure health benefits to those unable to afford them, to encourage entry into the workforce by supported persons, and to assist uninsured workers in obtaining coverage.
2. States intent to establish the "California Health" program by expanding Medi-Cal. Permits any individual to enroll in California Health. Establishes sliding fees for persons earning over 200% of poverty level, and requires individuals exceeding 300% to assume full costs.
3. States intent that employees be covered through employer-purchased coverage and eliminates eligibility resource requirements.

(In Conference Committee)

AB 1126 (Villaraigosa-D) Children's health coverage

Establishes the "Healthy Families" program to provide health coverage to low-income uninsured children through a combination of a purchasing pool, in which coverage from private health plans would be available, and a purchasing credit component, to help pay for employer-sponsored dependent coverage. Becomes effective only if SB 903 (Lee-D), is enacted on or before January 1, 1998.

Chapter 623, Statutes of 1997

AB 1133 (Gallegos-D) Long-term health care facilities

Increases civil penalties for violations affecting the health of patients in long-term care facilities, eliminates the waiver of civil penalties for a particular violation corrected within the time specified, and eliminates facilities' ability to pay a lesser penalty after the penalty has been reduced following an appeal, or as an alternative to appeal.

(In Senate Health and Human Services Committee)

AB 1150 (Prenter-R) Health facilities

Establishes the Kern County Hospital Authority to facilitate the transfer of Kern Medical Center to management and control by the Authority, as specified.

(In Senate Health and Human Services Committee)

AB 1198* (Hertzberg-D) "311" Nonemergency Telephone System Pilot Project

Creates a pilot program for the State Department of General Services to evaluate a "311" phone number to permit people to contact public safety agencies for nonemergency purposes. Sunsets January 1, 2001.

Chapter 887, Statutes of 1997

AB 1208 (Migden-D) Health: telemedicine

Requires the State Department of Health Services to collect and summarize information relating to terminal illness and submit a report to the Legislature by June 1, 1998.

(In Senate Health and Human Services Committee)

AB 1210 (Wright-D) Child care services: brain development

Requires the Superintendent of Public Instruction (SPI), in consultation with the State Department of Health Services and the Child Development Policy Advisory Committee, to develop criteria on brain development for 0-3 year olds to guide the State Department of Education's work with contracted child care programs. Requires the Child Development Policy Advisory Committee to study brain research implications to provide relevant information on infant brain development.

Vetoed by the Governor

AB 1214 (Figueroa-D) Local health care districts

Requires a majority vote of a health care district's residents when the district transfers more than a "material" amount of the district's assets to a for-profit entity. Defines "material" as more than 35%. Authorizes a health care district to transfer assets to a for-profit entity, without a vote of the residents, if the transfer is less than 50% of the assets, and the transfer does not include the district's health facility, and meets other specified requirements.

Vetoed by the Governor

AB 1215 (Mazzoni-D) Long-term care

Requires the Health and Welfare Agency to prepare a report to the Legislature by January 1, 1999, on state long-term care programs that provide services to adults. Requires the report to consider options for integration of key programs, options for integration of licensure functions, and an implementation timetable.

Chapter 269, Statutes of 1997

AB 1225 (Granlund-R) Anatomical Gift Awareness Trust Fund

Requires peace officers and emergency medical personnel responding to a scene of a medical emergency to ensure that a victim's driver's license or personal identification card containing an anatomical gift consent form and a medical alert bracelet accompany the victim upon transport to the hospital. If the victim does not survive, requires hospital personnel to return the license or personal identification card to the State Department of Health Services within 5 days, if practicable. Establishes the Anatomical Gift Awareness Trust Fund for contributions to programs related to donor awareness and public education about the anatomical gift program and process.

(In Assembly Transportation Committee)

AB 1242 (Granlund-R) Intermediate care facilities: administrator

Establishes consistency in current law related to administrators in all types of intermediate care facilities that provide services to persons with developmental disabilities and properly aligns state law with federal requirements. Removes the current mandate that these administrators must always be licensed nursing home administrators, rather than a qualified mental retardation professional.

Chapter 776, Statutes of 1997

AB 1249 (Davis-D) Aging: respite care program and registry

Defines "respite care," and requires the State Department of Aging to establish a statewide respite care program and registry for the caregivers of elderly and disabled persons. Requires the registry to include criminal background checks on providers who deliver respite services.

(In Assembly Human Services Committee)

AB 1255 (Davis-D) Continuing care contracts

Requires every nonprofit provider of services under a continuing care contract to have on its board of directors at least 1 resident from each continuing care retirement community it operates. Subjects the provider to suspension until the providers or facility is found in compliance.

(Failed passage in Senate Health and Human Services Committee; reconsideration granted)

AB 1288 (Woods-R) Community care facilities: group homes

Requires any group home that houses persons convicted of certain crimes to obtain prior approval from the city or county. Prohibits group homes, as a condition of licensure, from housing any juvenile who is a dependent of the court or who is a ward of the court.

(In Assembly Human Services Committee)

AB 1289 (Pringle-R) Amusement rides

Enacts the California Rider Safety Notification Act, declaring the findings of the Legislature, setting forth specified definitions and imposing certain duties on amusement facilities, riders of amusement rides and the parents or guardians of minor riders. Provides that failure to comply is not a crime.

(In Assembly Labor and Employment Committee)

AB 1341 (Alquist-D) Health research: women's health

Requires grantees conducting clinical research with state funds to ensure that women and minority groups are included as research subjects.

Vetoed by the Governor

AB 1373* (Granlund-R) Health facility inspections: infant protection

Enacts the Infant Health and Protection Act as a comprehensive home visitation demonstration project. Prescribes child abuse reporting provisions and child welfare training and services programs. Revises the procedures for inspection of health facilities.

(In Assembly Judiciary Committee)

AB 1380* (Ashburn-R) Human services

Extends the sunset date of the California Partnership for Long Term Care by 2 years; and extends the authority of San Francisco City and County to increase the wages of in-home supportive services providers through the 1997-98 fiscal year.

Chapter 37, Statutes of 1997

AB 1431 (Oller-R) Clinical laboratory technology

Provides that a licensed home health agency that performs only tests classified as waived under CLIA is not required to utilize the services of or employ a laboratory director.

(In Assembly Health Committee)

AB 1434 (Shelley-D) State Fire Marshal: standards for electricians

Requires the State Fire Marshal, with input from the State Board of Fire Services, to establish and validate minimum standards for the competency and training of electricians through a testing and certification process. Requires the State Fire Marshal to establish advisory committees and panels to assist in carrying out the requirements of the bill, establish necessary fees to implement the bill and promulgate regulations to enforce the bill.

(In Assembly Governmental Organization Committee)

AB 1485 (Scott-D) Earthquake protection: reservoirs

Prohibits the enlargement of any water storage facility that is uphill and within 1,000 feet of the San Marino High School in Los Angeles County, unless the Division of Safety of Dams in the State Department of Water Resources certifies that the facility meets requirements for those facilities regulated by the department, as specified.

Chapter 876, Statutes of 1997

AB 1535 (Cardoza-D) Children's clothing: Halloween costumes

Requires the State Fire Marshal to promulgate regulations establishing optional fire safety standards for children's Halloween costumes. Permits manufacturers, on or after July 1, 1999, to display a child safety sticker on any child's Halloween costume that meets these standards.

(In Assembly Governmental Organization Committee)

AB 1545* (Assembly Human Services Committee) Care facilities: incidental medical services

Allows incidental medical services to be provided in community care facilities and makes clarifying changes to provisions relating to children with special health care needs.

Chapter 526, Statutes of 1997

AB 1572* (Villaraigosa-D) Health services

Appropriates funds to support the Managed Risk Medical Insurance Board and the State Department of Health Services in the implementation of the Healthy Families Program.

Chapter 625, Statutes of 1997

AB 1601 (Shelley-D) Health care

Establishes open meetings and records disclosure requirements for private corporations to which at least $50 million of a state agency's assets are transferred for the operation of a hospital, except for corporations located in Orange County.

Chapter 925, Statutes of 1997

Identical to SB 1350 (Burton-D), Chapter 927, Statutes of 1997

AB 1602 (Migden-D) Legislative oversight: transferred or leased public assets

Provides that when the assets of a medical center owned by the state are transferred or leased to a private corporation, those assets shall be subject to continued "oversight" by the Legislative Analyst, the Budget Committees of the Senate and Assembly, and the Joint Legislative Audit Committee.

Vetoed by the Governor

AB 1609 (Papan-D) Silicone breast implants: liability: litigation

Revives, for a period of 1 year, causes of action for personal injury or death caused by the effects of silicone gel injections, or implants of silicone gel, silicone elastomer shells or silicone sponge material which currently are barred by applicable statutes of limitation. Prohibits dismissal under a statute of limitation of any action pending at the time the bill is enacted, and would not apply to any action for medical malpractice.

Vetoed by the Governor

ACR 15 (Havice-D) Red Ribbon Week

Proclaims the week of October 23 through October 31, 1997 as Red Ribbon Week and encourages Californians to help build drug-free communities and participate in drug prevention activities.

Resolution Chapter 17, Statutes of 1997

ACR 58 (Ortiz-D) Nutrition

Requests a Blue Ribbon Task Force on Food and Nutrition Policy to develop a comprehensive coordinated food and nutrition policy for California and provide a report to the Legislature by December 31, 1998.

Resolution Chapter 122, Statutes of 1997

HR 23 (Caldera-D) Peptic ulcers

Resolves that the Assembly recommends that the State Department of Health Services and local public health agencies recognize peptic ulcer disease as a public health issue and proceed now to develop and implement plans to increase the public's awareness of new developments and treatments in the eradication of this disease.

Adopted